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Kemnay residents object to planning application which could restrict 300-year-old public right of way

A controversial planning application is proposing a change of use from rough ground to domestic garden ground at a private property in Kemnay.

Richard McGhee on the old drovers road where branches appear to have been dumped to make access more difficult.
Resident Richard McGhee claims branches have been dumped on the old Drovers' road to make access more difficult. Image: Kath Flannery/DC Thomson

Residents and ramblers in Kemnay have banded together to protect a public right of way.

The Kennedy family, who own Dalmore House, at Brownhill, want to extend their garden and erect a new fence on what has been described as “rough land”.

But locals are furious at the plans – insisting the route is a historic public right of way along an old drovers’ road.

These old paths were used by farmers and crofters to move livestock in the 1700s and 1800s and are still classed as public walkways today.

They claim that in recent weeks and months, the route has been harder to access as “obstacles” such as branches have been put across to obstruct the gate.

A dozen objections have been lodged with Aberdeenshire Council from individuals, local walking groups and Kemnay Community Council.

Old Drovers' road
The old drovers road with forestry land on one side and the property on the other. Image: Kath Flannery/DC Thomson

What are the plans?

The Kennedys are applying for a change of use for the strip of land running alongside their property.

The land – situated between the property and surrounding woodland – is currently labelled as rough ground. It is called ‘No Man’s Land’ in the application.

However, the Kennedy family has applied for this to be registered as domestic garden ground and also for the erection of a fence.

The proposed new 3.9ft (1.2m) timber fence to match the already existing south-western and east boundary will be placed on the northern side of disputed strip of land.

This will enclose the space and make it part of the property.

When asked in the planning application if it will propose a change to public paths or public rights of way, “no” was selected.

‘A desire line’

Kemnay Community Council (KCC) and the council natural environment team objected to the proposal due to it being a “public outdoor access route”.

KCC called the route a “desire line” – an unplanned small trail created by human or animal traffic – and stated: “The land affected by the proposed development was, until relatively recent times, a road or track used for outdoor access.

“This historic use further underlines that it should remain available for outdoor access.”

Janet Lees, who sold the land to the current owner, with maps of the area.
Janet Lees, who sold the land to the current owner, with maps of the area. Image: Kath Flannery/DC Thomson

Janet Lees sold the land to the current owners, and is concerned that part of the area’s “history” could now be closed off to the public.

Ms Lees, who lives in Kemnay, said: “A thoroughfare for 300 years between Thainstone and Aquithie, it is a part of the area’s history.

“Not just unused rough ground for the taking, but a road for all to use, for at least three centuries.

“No longer will this be the case, if Mr Kennedy is granted this change of use, to use as a garden.

“Flat for walking and cycling on, this metalled road was really hard after many years of heavy use in past times.”

 A longtime resident nearby, Richard McGhee, said his family has lived in the area for generations and said the public should have right of access to the road. Image shows Richard McGhee on the old drovers road where branches have been dumped to make access more difficult.
Richard McGhee on the old drovers road where it appears branches have been dumped to make access more difficult. Image: Kath Flannery/DC Thomson

‘Frustrating’ to potentially lose track

Richard McGhee, 55, who lives nearby, said it is still a popular route which is now more used by walkers.

He added: “It’s been a well-preserved track and I know this for a fact because my family have been at the same house since the 1700s and the place has just been handed down and handed down and I’m the tenth generation.

“So nobody’s going to tell me the history of my place.

“It’s so frustrating.”

Janet Lees, who sold the land to the current owner, with maps of the area.
Janet Lees showing a map of the land and surrounding area. Image: Kath Flannery/DC Thomson

The Kennedy family declined to comment.

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