5 09/274 PERTH AND KINROSS COUNCIL Environment Committee – 3 June 2009 DRAFT CORE PATHS PLAN Report by the Executive Director (Environment) This Report provides details of the responses received to the formal public consultation on the Draft Core Paths Plan and presents a modified Plan for approval. It outlines the further procedure involved in preparing for the public inquiry required prior to adoption of a Core Paths Plan for Perth & Kinross. RECOMMENDATIONS The Committee is asked to:- i) Note the high level of response to the public consultation on the Plan, the response summary included as an appendix to this report and the role of the Local Outdoor Access Forum. ii) Note the modifications made to Draft Core Paths Plan in response to objections received, and the reasons why further modifications to the Plan are not recommended in response to the objections received. iii) Approve the modified Draft Core Paths Plan and list of outstanding objections for submission to the Minister and subsequent local public enquiry. iv) Agree that the ED(E) can, in consultation with the Convener, make minor amendments required to the draft core plan prior to submission to Scottish Ministers. BACKGROUND 1. Part 1 of the Land Reform (Scotland) Act 2003 establishes a statutory right of responsible access to most land in Scotland, and places certain duties on local authorities including the drawing up of a Core Paths Plan. Section 17 of the 2003 Act provides that: 17(1) It is the duty of the local authority, not later than 3 years after the coming into force of this section, to draw up a system of paths (“core paths”) sufficient for the purpose of giving the public reasonable access throughout their area. 2. It goes on to describe the broad range of routes which may be included, the need for balance between access and other interests and the format of the Core Paths Plan itself. 9 3. Section 18 provides that the Local Authority must give notice of the plan drawn up, make it available for public inspection for at least 12 weeks and consult interested parties including the Local Access Forum and Scottish Natural Heritage. The Plan may only be adopted if no objections are made or any made are withdrawn. Otherwise the plan is to be passed to Scottish Ministers and outstanding issues dealt with at a local public inquiry. 4. Further detail on the above is provided in the Guidance for Local Authorities and National Park Authorities on Part 1 of the Land Reform (Scotland) Act 2003, and the Code of Practice for Local Inquiries into Core Paths Plans and Other Inquires under Part One of the Act, both published by the Scottish Executive. This guidance has been used in the preparation of this report. FORMAL PUBLIC CONSULTATION ON THE DRAFT CORE PATHS PLAN 5. The procedure the Council followed in preparing the Draft Core Paths Plan for formal public consultation was approved by this committee on 3 September 2008 (Report Reference 08/442) and is summarised below. 6. The formal consultation took place over a twelve week period between 30 September and 31 December 2008. The Plan and accompanying response forms were available for public inspection and use both online and at Council Offices and in selected libraries and tourist information centres throughout the consultation period. 7. The consultation was advertised in the Courier and through press releases to local papers and community newsletters. All known interested parties held on the core paths database received a letter inviting responses. All Councillors, Community Councils, Paths Groups and members of the Perth & Kinross Outdoor Access Forum received a letter inviting participation in the consultation along with a copy of the Plan and supply of response forms. The Perth & Kinross Access Panel was consulted at a meeting and given a copy of the Plan and a supply of response forms. 8. Public drop-in sessions were advertised and arranged at seven venues around Perth & Kinross in October. These were generally well attended and provided an opportunity for objectors to discuss their issues in person with the Access Officers. 9. The Perth & Kinross Outdoor Access Forum had been consulted on the Draft Core Paths Plan prior to the formal consultation and had endorsed the Plan. RESPONSE TO THE FORMAL CONSULTATION 10. Responses were made in writing either using the response form (hard copy or the online version) or by letter. To be valid responses were required to be received in writing within the consultation period and to include a name and address. Responses are either valid objections which require a change to the Plan, or representations which include comments and expressions of support. 10 A total of 1,153 responses were received from 494 individuals. Valid objections totalled 897 while representations totalled 256. Further detail on the nature of responses is given in Appendix 1 to this report. 11. Perth and Kinross Council has received a much larger number of objections to its Core Paths Plan than any other local authority in Scotland. It is believed that this is due to a number of reasons. First and foremost, the extensive public consultation undertaken by this authority on the plan has raised public awareness. This authority has been congratulated by Scottish Natural Heritage, the Paths for All Partnership and the Local Access Forum on its consultation process with the public. Secondly, the network of paths in this plan is more comprehensive than many other local authority areas. Again this is very much due to the consultation process. In addition, other factors including local campaigns resulting in multiple objections and the landownership pattern may also have resulted in a higher than anticipated number of objections. It is also worth noting there are slightly more objections to paths not being included on the plan than to paths included on the plan. 12. All responses received were made available for public inspection at Pullar House from early December onwards. A summary listing of all responses received was placed on the Council website on 12 February 2009. MODIFYING THE PLAN IN RELATION TO RESPONSES RECEIVED 13. A modification period of 2 months (Jan & Feb 2009) was agreed by Committee during which time the Access Officers responded to objections with the aim of resolving as many objections as possible by further modifying the Plan, where they believed it was appropriate to do so. 14. Site meetings and discussions have since taken place where appropriate with a view to resolving issues and modifying the Plan. This has generally been most successful where amendments to routes have been suggested and agreed. Due to the large number of objections received officer time and effort since the end of the consultation period has concentrated on resolving those objections where it was believed a satisfactory outcome could be achieved. 15. Modifications to the Plan have been recommended where it is possible to do so without compromising the sufficiency of the core paths network in an effort to resolve objections. In most cases where additional core paths are requested the view has been taken that the network is already sufficient, thus additions have at this stage been resisted although some have been checked and noted as potentially useful for a future review of the Plan. 16. Modifications have in some cases been recommended which will not result in objections being resolved. This is generally due to opposing objections, where some want a core path but others do not. An example is the proposed path along the old railway line west of Crieff into Comrie. This route was categorised as a potential new route and so did not show in the original Draft Core Paths Plan. A local campaign has resulted in 152 people objecting to this route not being included as a core path on the Plan. The Community 11 Council and landowners oppose the path and have registered objections against it being included as a core path. As it is not considered this issue can be satisfactorily resolved it is recommended that the path should be included in the plan and submitted to Ministers for a decision at Public Inquiry. 17. In one case a proposed core path was found to be unsuitable and is recommended for removal by the access officer although no objections had been received. In this case the route is an old military road which is now heavily obstructed and impossible to identify on the ground (MTBL/115). A number of minor changes have also been made to the line of some paths. These are all non contentious and primarily drafting errors. 18. The modified Draft Core Paths Plan was placed in the Councillors’ Lounge on Monday 18 May for consideration. The list of objections with the reasons why a modification has been made or not made is given in Appendix 2. Modifications are indicated in bold. A list of representations (which do not require a change to the Plan) has also been provided. This list includes expressions of support for core paths which may also have received objections. PROPOSALS OBJECTIONS TO BE WITHDRAWN OR TAKEN FORWARD 19. If the modified Draft Core Paths Plan is approved for submission to the Minister all objectors will receive notification of the modifications made in relation to their objection. They will be invited to withdraw their objection prior to entering the public enquiry process. FURTHER PROCEDURE 20. As valid objections remain unresolved, the Council must notify the Minister and provide two copies of the relevant documents. This must include a copy of the modified Draft Core Paths Plan, explanatory supporting material, and copies of the outstanding objections.