Core Path Report for C149 Bridgend to Ford 1. Proposed Core Path Page 1 of 63 2. Summary of Representations Received Representation Respondent Organisation/ Objection Respondents Respondent Objection Name Group Summery proposed Ref No. withdrawn action Objection Angus Privacy & Delete P001/1 Wilson Security / (Withdrawn) Livestock / & P001/2 Farming Operations / Wildlife & Conservation / Alternative Route Available / Business Objection Mr E P Privacy & Delete P129 Bowden- Security / Smith Livestock / Farming Operations / Alternative Route Available Objection Edward Privacy & Delete P122 McLean Security / Farming Operations / Wildlife & Conservation / Alternative Route Available Objection Maurice and Privacy & Delete P119 Norma Security / Cockerline Farming Operations / Alternative Route Available Objection Major Privacy & Delete P126 Warde Security / Aldam Farming Operations / Business / Alternative Route Available Objection Charles Ederline Livestock / Delete P123 Cuthbertson Estate Farming Operations / Health & Safety Objection Alick Beaton Privacy & Delete P120 Security / Farming Operations / Health & Safety / Alternative Page 2 of 63 Route Available Objection Joachim Privacy & Delete P121/1 Brolly Security / Livestock / Farming Operations / Alternative Route Available Objection W G Cairns Privacy & Delete P118 Security / Livestock / Farming Operations Objection Gregory Privacy & Delete P127 Sosner Security / Farming Operations Objection Mr M and Privacy & Delete P116 Mrs A Security / Thompson Farming Operations Objection Pierre Privacy & Delete P124 Godts Security / Farming Operations / Alternative Route Available Objection Mrs Willa Privacy & Delete P115 Clare Security / Wilson Farming Operations / Alternative Route Available Objection Dugald C Privacy & Delete P125 McAuslan Security / Farming Operations / Alternative Route Available Support Angus E059 MacIntyre Support Robert P091 Gillies Support Gillian E035 Garner Support Aileen P071 Gillies Support Wendy E054 Lilico Support Lorraine E058 MacIntyre Support Olwen P198 Page 3 of 63 Hemmings Support John Boden E006 Support David E0033 & Garner E034 Support Peter E013 Creech 3. History of Access i. Right of Way Status: None recorded ii. Recorded Access Issues: A complaint was received regarding a gate being blocked and a group told that the road through the estate was private- Status: Resolved. when visited the gate was not blocked; Access Officer felt that although the road through the estate is a private road it would probably be considered to be within access rights with the exception of where it passes through a farm yard. There have also been a small number of verbal complaints from local people who have been challenged when using this path. None of these has been followed up with a written complaint. It would appear however that the community is split on this issue. Two of the representations received during this consultation make reference to people being challenged whilst using this path. 4. Site Visit Turning down to Ederline from the Ford to Bridge over the Clachandubh Burn Bridgend Road South Lodge at the entrance to Ederline Clachandubh - adopted road continuing Estate located close to the end of the towards Ederline House just visible on the adopted road left of this picture. Page 4 of 63 Ederline House viewed from the path Continuing north towards Keepers Cottage Keeper’s Cottage from the path Heading towards Ederline Farm Path continuing past Ederline Farm Ederline Farm – note there are houses occupied by farm workers adjacent to the path Farm buildings at the northern end of the Farm yard behind residential buildings farm Page 5 of 63 Continuing towards the B840 Continuing past Bruachan Note Ederline has a number of holiday cottages on the estate Continuing on the B840 into Ford Junction with C173(a) part of the National Cycle Network linking Ford to Oban and Lochgilphead Page 6 of 63 5. Alternative Route/s Several objectors have suggested that an alternative route for the proposed Core Path would follow a track to the east of the path through Ederline Estate shown as an orange line on the first page of this report. The path was walked during one of the wettest periods in recent years but even during drier weather was very wet and rough, in part because it is used for gathering cattle and feeding. Path junction with the B840 east of Ford Access gate on to the path The path starts wet and in places is very The path climbs the hill east of the farm wet and rough buildings and has some good views of the surrounding area Very wet and muddy gateway Flooded section of the path. Page 8 of 63 Path continues downhill towards the Steep descent on stony ground South Lodge Continuing towards South Lodge Passing behind Keepers Cottage Junction with the adopted road at South Lodge Having walked the alternative path on two occasions I believe it is not equivalent to the proposed route being far rougher and poorly drained and I have no doubt that it is muddy in all but the driest weather. The track is used to access cattle grazing on the hill and by tractors taking feed to them etc and as a consequence is very muddy. The path climbs steeply and for less able walkers would be much more challenging than the level, surfaced path through the estate. I do not believe that this is a path those supporting the designation of C149 would accept as an alternative. Page 9 of 63 6. Consultation with Objectors & Other Interested Parties Farm yard The Route goes through the centre of a working farmyard and livestock handling facility. This will cause disruption to the working farm and poses a risk of injury to members of the public via farm machinery and livestock especially cattle which may already be in an agitated state due to being moved or handled. The farmyard and steading at Ederline are at the heart of our busy farming operation. It is an area where tractors and machinery are operating on a regular basis and where stock are handled. We are required by law to take account of the safety of visitors to the farmyard when managing the risks these operations present, however our risk assessment at present are tempered by the current low likely hood that we will have visitors passing through the farmyard. This will have to change if the route is designated as a core path. The burden on us will increase considerably with associated time and cost implications for the farming business. The proposal will impact negatively on future development opportunities. Estate/Farm operations The drive is a private road to Ederline House, a few local residents have been allowed to walk the drive unhindered, however this was a right granted by the estate, there are large iron gates on the drive which the estate has the legitimate right to close for management of the estate- how is this gate to be circumnavigated should it be closed? Private signs have been in place over 30 years. Livestock Walkers and cyclists progressing against the flow of stock can be very disruptive to the farmer and potentially frightening for many visitors. The route passes between fields which are going to be amalgamated in the future as this will serve the long term management plans of the estate. The fields are directly in front of the shepherd’s and stockman’s house, these fields are used for sick and ailing livestock. The suggestion of the access officer was to reroute the path away from the farm buildings through this field. However because of the use this field is put to this would be highly unsuitable. Farm dogs Working dogs kept at the farm would be constantly disturbed with each passer-by causing the dogs to start barking Privacy and Security The route infringes upon the privacy and security of the workers/people living at Ederline Farm. Path is so close it will be a burden on the enjoyment of a private home. The properties will suffer a downturn in their value. Members of the public will be able to look directly into the front kitchen and living room. We accept that access rights currently apply to the majority of the estate, except for the privacy zones around the farm properties and the curtilage around the farm buildings, we are extremely concerned that the core paths designation as proposed would mean that the access rights would apply to the two areas of the estate where they currently don’t exist, particularly through the farm yard. Page 10 of 63 Holiday Letting Business There are a number of holiday cottages along this route where people pay for their privacy, these properties will lose their privacy. Holiday bookings will suffer. Significant investment is being made expanding a holiday letting business on the estate. A unique selling point for the business is the peace, tranquillity and privacy that the self-catering accommodation offers. We are concerned having a core path running past all the letting properties will unreasonably impact the privacy of our customers and could therefore have a negative impact on this aspect of our business. Alternative Route Why not use the path to the east of C149(a) that is a more sensible route and would not conflict with the management of the farm. This is a serviceable public right of way and there is no competent reason why this alternative route should not be used. This alternative was not included in the formal consultation draft and so an opportunity to receive public opinion on it has been missed. We recognise that the alternative route would need some upgrading , and we are prepared to consider applying for funding under the SRDP Rural Priorities scheme to undertake this. This alternative would remove the potential for any conflict with the daily activities in the farmyard and protects the privacy of the dwelling on the estate. Nesting Ospreys There is a chance that anyone using the route will disturb a pair of category one birds as ospreys nest to the south of this path.