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Core Path Report for C212 Port Lamont to Ardtaraig, Loch Striven

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Core Path Report for C212 Port Lamont to Ardtaraig, Loch Striven Core Path Report for C212 Port Lamont to Ardtaraig, Loch Striven 1. Proposed Core Path Page 1 of 28 2. Summary of Representations Received Representation Respondent Organisation/ Objection Respondents Respondent Objection Name Group Summery proposed Ref No. withdrawn action Objection Michael Strutt & Parker Irresponsible Delete P028 Laing on behalf of Access / Glenstriven Business / Estate Maintenance Support Nicholas Representative P069 Halls of Mountaineering Support Frieda Bos About Argyll P166 Walking Holidays Support Ben E068 Mitchell 3. History of Access i. Right of Way Status – ROW SA36 see Appendix IV ii. Recorded Access Issues: The ScotWays report notes that a succession of land owners have sought to deter public access or discourage use of the route. Previous owners of Glenstriven Estate have been unhappy that there is a sign at the southern end which encouraged use of the route which they considered dangerous. 4. Site Visit Photographs of the path and surroundings with comments ScotWays sign on the B836 indicating Start of the path on to Ardtaraig Estate path to Glenstriven The path turns to the left just before the barn with the green doors and does not Path descending to the Glentarsan Burn get any closer to Ardtaraig House. Page 2 of 28 Better signs could reduce the likelihood of Route to the east of the buildings people walking past the house Path past Boathouse Cottages note well Path to the south of the main house defined gardens following estate track Gate and stile at entry to the woodlands View north along the path past the slipway for the Mussel Farm Path deteriorates as it leaves the estate road just before a house called “Tigh Na Pheasant release pens beside the path Mara” and continues to be rough going for 3km Page 3 of 28 The path deteriorates and at the time of Path sign and gate at the boundary of the the site visit at the end of a period of wet native woodland area weather was very wet in places The path is visible on the ground but can Old gate in the dyke be rough going in many areas The route often follows a terrace on the Fallen trees need to be cleared hillside which may be quite ancient Several streams have to be forded The path climbs in some places giving occasional views of the loch Page 4 of 28 The path can be indistinct in places, way The abandoned farmstead at Bot nan marking could assist users significantly Creagan adds interest to the route Spectacular view towards the Kyles of View north along Loch Striven, used Bute from Bot nan Creagan during WWII to test Bouncing Bombs Boundary with Glenstriven Estate Junction of the path with the estate track 500metres from the estate road Track leading off to “The Point” an estate Note pheasant feeders beside the track cottage which is used to manage a very high density of Pheasants Page 5 of 28 Estate track through Glenstriven Estate View of Invervegan house from the path View of Burnfoot Cottage from the track Highfield Cottage a holiday cottage on the estate from the path 100metres away View of Pier House a holiday cottage beside the path (See Appendix IV) Approach to Glenstriven Lodge Glenstriven Lodge Junction between the estate road and the public road Page 6 of 28 Section of this path on the public road looking north 5. Alternative Route/s The existing path occupies part of a narrow strip of land between Loch Striven and the high hills which rise to around 500 metres immediately to the east. Therefore there is no scope for the provision of an alternative route. 6. Consultation with Objectors & Other Interested Parties The finalised plan is sufficient without the inclusion of non core paths generally and specifically within Glen Striven Estate. The inclusion of non core paths imposes liabilities and restrictions on the owners of the land which were not within the contemplation of the Act In this instance our client has expended significant sums of money creating and improving path and tracks for estate management purposes. As non core paths there is no guarantee that these paths are routes over which the public would be entitled to take access, that the routes currently exist or will be maintained or available for use by the public and accordingly the inclusion of such routes is likely to mislead and potentially endanger the public as well as having detrimental effects for our client. During a discussion with the Head Keeper during the site visit raised a number of issues. These included disturbance of wildlife in the area, the use of the southern part of the track for feeding pheasants and other game birds and the presence of release pens close to the route. He also reported that at least one walker has become seriously lost whilst using the route and only found his way to the keeper’s house in the early hours of the morning. 7. Access Officer’s Initial Comments C212 is a claimed Right of Way and recorded by ScotWays as a Heritage Path known as “Old road along Loch Striven” and is described as a very old packhorse and possibly cart track that passes ruined settlements. See Appendix IV for more information on this Heritage Path. In the same appendix there is a copy from the pages of “25 Walks Arrochar, Cowal and Bute” which describes this walk. One supporter of the route has pointed out that a bus service (482) runs between Port Lamont (the southern end of C212) and Dunoon. There is another bus service (477/478/479) on the B836 (the northern end of C212) that runs between Dunoon and Portavadie making the route accessible by public transport at both ends which is uncommon in Argyll & Bute. A substantial part of the path is in a poor condition but it is of historical interest and offers good views over Loch Striven and the Kyles of Bute. The Royal Commission on the Ancient and Page 7 of 28 Historical Monuments of Scotland includes information on a number of sites including abandoned settlements, farms and standing stones along this path on their website www.canmoremapping.rcahms.gov.uk. Loch Striven itself was used to test a version of the Barnes Wallis “bouncing bomb” during the Second World War. The path passes through an area of attractive semi natural woodland and despite being a difficult walk, many of those who have walked the path report having enjoyed it. The path has a total length of fourteen kilometres. The northern section of four kilometres is on Ardtaraig Estate, then a further three and a half kilometres to the south is on Glenstriven Estate and the subject of an Objection. The remaining seven kilometres is on the public road between Glenstriven Estate and Port Lamont. The first kilometre on Ardtaraig Estate is on well maintained estate tracks, apart from a poor surface on one of the steeper slopes. After passing the house called Tigh Na Mara the path is in a poor condition for three kilometres until it joins estate road on Glenstriven Estate. Only the last five hundred meters of this section of poor path is on Glenstriven Estate. It may be difficult to follow particularly in summer when bracken will obstruct the route and in many areas the path is rough and poorly drained. However in most places it is still apparent that there was once a track or a minor road linking some isolated farms or settlements along the route. In one or two locations it is still possible to see that the path was constructed with stone along one edge of the path and that there were once culverts in some areas although most of the streams are crossed at fords. The bulk of the path on Glenstriven Estate follows the main estate track for just under 3 kilometres and is in excellent condition. This part of the estate is intensively used for pheasant rearing and there are numerous feeders along the path and there are release pens in the adjacent woodlands. Glenstriven estate derives a substantial part of its income from shooting and the main house is marketed to shooting parties. It is interesting to note that Ardtaraig Estate has not objected to the designation of this path although it is also managed for shooting and there are two release pens beside the path. The following are responses to the objector’s case. Sufficiency: The Access Officers are of the view that without the inclusion of this path the Core Path Network will be insufficient in this part of the Cowal. This is the only long low level path giving access to areas of semi-natural woodland in an extensive area of wild land. The Argyll & Bute Access Forum has a statutory role to advise the Council on access rights and the sufficiency of the Core Paths Plan. Designating Core Paths: The Local Authority has a duty under Section 17 of the Land Reform (Scotland) Act 2003 to designate a network of Core Paths which may include any path whether or not it is a Public Right of Way. Since this is the first time that this Authority has produced a Core Paths Plan it would not be possible to designate paths that are already Core Paths since there are none. Any Objector to an element of the Core Paths Plan has a right to have their objection considered by a Reporter acting on behalf of the Scottish Ministers, it is anticipated that this objection will be considered in this manner. Liability - The Land Reform Scotland Act does not extend the duty of care owed by the land manager/ land owner to another person exercising their access rights.
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