6 09/275 PERTH AND KINROSS COUNCIL Environment Committee – 3 June 2009 PERTH & KINROSS OUTDOOR ACCESS FORUM Report by the Executive Director (Environment) This report summarises the activities and progress to date of the Perth & Kinross Outdoor Access Forum, recommends the acceptance of the revised Draft Terms of Reference and recommends the appointment of a member of Perth & Kinross Access Panel to the Agency and Other Bodies seat on the Forum recently vacated by VisitScotland. It also recommends the appointment of one newly elected member and reappointment of the members to be retained. RECOMMENDATIONS The Committee is asked to: i) Note the activities and progress of the Perth & Kinross Outdoor Access Forum from September 2008 to date. ii) Approve the revised Draft Terms of Reference for the Perth & Kinross Outdoor Access Forum as given in Appendix 1. iii) Approve the appointment of a member representing the Perth Access Panel to the seat vacated by VisitScotland within the Agency and Other Bodies Group. iv) Confirm the appointment of one new member and reappointment of existing three members recommended in Appendix 2 to the Forum or a period of three years. v) Confirm the members to be retained in their appointment for at least a further year as given in Appendix 3. vi) Delegate to the Executive Director (Environment) the filing of any casual vacancy arising in this period within the recreation group by the reserve candidate named in Appendix 2. BACKGROUND 1. Part 1 of the Land Reform (Scotland) Act 2003 requires local authorities to set up at least one local Access Forum and to appoint members to them. The Act states that the functions of a Forum are: 51 ‘To advise the local authority and any other person or body consulting the forum on matters having to do with: • The exercise of access rights • The existence and delineation of rights of way or • The drawing up and adoption of a plan for a system of core paths To offer and, where the offer is accepted, to give assistance to the parties in any dispute about the above and the use of core paths in order to resolve the dispute’. 2. This report follows on from report number 08/444 given to the Environment Committee on 03 September 2008 which updated the Committee on the work undertaken by the Outdoor Access Forum up until August 2008. ACTIVITES BETWEEN SEPTEMBER 2008 AND April 2009 Ordinary Meetings 3. Two ordinary meetings of the Forum took place in the period September 2008 to end February 2009 4. At the November 2008 meeting: • The Convenor (Nick Cole) was re-elected unopposed. • A new Vice Convenor (Peter Pearson) was elected. • A Communications Plan was put forward by new member Graham Lumsden and discussed. Further work to develop the Plan was requested to be discussed at future meetings. • It was noted that due to lack of time and resources VisitScotland would no longer be able to hold its seat in the Agency grouping. • It was noted that the current holder of a seat held within the Statutory Access User (Recreation) Group representing horse riders was regularly not attending. It was agreed that the Convenor would correspond with the British Horse Society to ask them to find an alternative representative for possible election. 5. At the meeting in February 2009: • The new Draft Terms of Reference were agreed with minor changes and were subsequently signed by the Convenor and Vice Convenor for subsequent approval of this committee. 52 • Head of Planning Roland Bean spoke to the Forum regarding changes in Planning Regulations and implications for access. The Forum was given the opportunity to be consulted on future large applications but agreed any consultation should come via the Access Officers. • The Forum was asked to offer advice to the Council regarding a formal request by the Loch Tay Association for Byelaws to be introduced on Loch Tay to regulate motorised recreational use. They advised that byelaws seemed to be neither necessary nor appropriate • A summary of the responses to the public consultation on the Draft Core Paths Plan was considered and accepted as evidence of a high level of public engagement. Sub- Group Activities 6. The Water Issues Sub-Group continued to work, mainly through the Convener, to take forward discussions with regard to arrangements for the Scottish Canoe Association race on the lower Tay with fishing proprietors. The Forum received a letter from the Upper Tay Riparian Owners Association (UTROA) regarding their agreement with the Commercial Rafting Companies which the Forum negotiated on the upper Tay in 2007. The letter states that UTROA do not consider the agreement to be adequate to safeguard fishing interests and requests the Forum’s assistance in the negotiation of consecutive raft free days. The Forum while willing to play a further role if necessary have advised that the parties should first attempt to agree at a local level. 7. The Exemptions Sub-group met with representatives from the World Fly Fishing Championships and representatives of the Scottish Canoe Association to consider the application for an exemption order for a stretch of the river Tay near Stanley on three days in June and to agree least restrictive terms for the exemption of access rights. 8. The Camping Sub-group reviewed the success of a pilot project on Lochs Tummel and Rannoch aimed at reducing antisocial and illegal behaviour associated with roadside camping and recommended actions for its consolidation throughout 2009. 9. The Core Paths Sub-group met on one occasion in February 2009 to offer advice to the Access Officers with regard to specific objections and possible modifications to the Draft Plan. Training Events 10. Speakers as mentioned above, attended ordinary meetings. No additional training was undertaken. 53 Communications 11. The following press releases were issued: • Core Paths Plan Proposals Public Consultation. • Open meeting and Election (pre-event). 12. The Forum pages on the website were updated as appropriate. TERMS OF REFERENCE 13. Following issues raised by the election in 2008 the Forum formulated and agreed a revised version of the Terms of Reference for approval by this Committee. This revision gives guidance regarding which grouping applicants for seats on the Forum are most appropriate for. It aims to be inclusive with regard to all potential members and broadens the Agency category which Council appoints to include Agencies and Other Bodies. If approved this Draft Terms of Reference will replace the version confirmed in November 2006. The Draft Terms of Reference are provided in Appendix 1 to this report. APPOINTMENT OF AGENCY OR OTHER BODIES SEAT 14. In November 2008 VisitScotland notified the Council that it could no longer take its seat on the Forum due to lack of time and resources. Options for other appropriate Agency representation including Scottish Environmental Protection Agency and the Scottish Government Rural Payments and Inspections Directorate were considered but it was thought unlikely that a representative would be forthcoming. Speakers from both Agencies have recently addressed the Forum and, although the work of both Agencies have a bearing on access, it is not central to their business. National guidance from Paths for All Partnership recommends that disability groups are represented on local access forums. The Perth & Kinross Access Panel are well placed to represent this sector of the community. No-one representing those with disabilities currently holds a seat on the Forum. A willing member of the Access Panel (Claire Thomas) was sought, invited and attended the February meeting as an observer. Although one member raised an objection to the suggested appointment of a representative from this group on grounds that this group should be elected within the Statutory Access User (recreation) grouping as such a body primarily represented access users, this view was not supported by most of the other members. Other members supported the Council’s intention to be positively inclusive towards this body. It should be noted that other Agency appointments include Forestry Commission Scotland which is a land owning agency. Claire Thomas is available and willing to provide a useful link between the Access Forum and the Access Panel in Perth & Kinross. It is therefore considered that the appointment of a member of the Access Panel to the Agency and Other Body seat on the Forum would be appropriate. 54 15. The annual open meeting and election was held at AK Bell Library on 14 May 2009. Speakers included the Vice Convener, Peter Pearson, the National Access Forum Convener Richard Cooke and Community Greenspace Manager Brenda Clough. Elections to replace a member from each of the three elected groups were held. In each case the member standing down was seeking re-election. In the recreation group a further seat was vacated due to a member’s non attendance of meetings. There were no additional nominations within either the land manager or community groups and existing members were re-elected. Within the recreation group there were three nominations for two vacated seats and an election was held. The existing member and a new candidate (Dr Anne Stevenson) were elected. The remaining candidate (John Andrews) agreed to act as reserve candidate for the recreation group. CONSULTATION 16. The Head of Legal Services, the Head of Democratic Services and the Executive Director (Corporate Services) have been consulted in the preparation of this report. RESOURCE IMPLICATIONS 17. There are no resource implications arising directly from the recommendations in this report. EQUALITIES ASSESSMENT 18. The Council’s Corporate Equalities Assessment Framework requires an assessment of functions, policies, procedures or strategies in relation to race, gender and disability and other relevant equality categories. This supports the Council’s legal requirement to comply with the duty to assess and consult on relevant new policies to ensure there is no adverse impact on any community group or employees.