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Ramblers launch crowdfunding appeal to support ‘landmark’ legal dispute over access rights on Highland estate

Ramblers Scotland says the path offers stunning views over Loch Sunart.

Ramblers Scotland has launched a crowdfunding appeal to help fight a legal battle over access rights on part of a Highland estate.

Earlier this month, the charity and Highland Council went to court to oppose a move to prevent access over an area of land on the Ardnamurchan Estate.

Woodland Renewables, part of the estate, applied to Fort William Sheriff Court under section 28 of the Land Reform (Scotland) Act 2003 asking that access rights should not apply.

Council aims to establish a right of way

The area north of Glenborrodale is used as a wood yard and estate owner Donald Houston says he made the move on health and safety grounds.

A further court hearing is scheduled for February 2.

As well as challenging the application, the council wants a right of way established.

A council spokeswoman said: “It is the council’s intention to raise a separate action to have a route through the site that is subject to the Section 28 application declared a public right of way.”

Ramblers Scotland says it faces legal costs of up to £82,000 in its fight over the Glenborrodale to Acharacle path.

Campaigners say gates have blocked access to the path.

Its crowdfunder appeal will be used to support the Ardnamurchan issue and other legal cases.

The charity says the path offers stunning views of Loch Sunart and is of great value to the community and as a strategic long-distance trail.

Campaigners have been in dispute with the estate for some time.

It is claimed access to the hills has been blocked in contravention of the 2003 Act and the Scottish Outdoor Access Code.

Tensions rose in 2019 when two local residents were reported to the police for alleged aggravated trespass.

After being interviewed and a report sent to the procurator fiscal, no further action was taken.

Legal action is a ‘last resort’

Ramblers Scotland director Brendan Paddy said: “We always view legal action as a last resort.

“In fact, we haven’t entered an access case of this type in well over a decade, particularly as legal action can be so costly.

“However, this is a landmark legal case featuring an historic and important path.

“If we don’t fight to save the route, it’ll be a significant blow to our hard-won access rights and walkers will be banned from parts of this beautiful trail forever.

“I hope that lovers of the outdoors will consider donating to support our work – and deliver a resounding message that people in Scotland believe our access rights are worth fighting for.”

A court case is focusing on access rights.

Mr Houston said: “There are four alternative paths up the hill that we have proposed that bypass the yard and have been used traditionally.

“£80,000 would have put a tarred road on all four.”

He said there are four criteria needed to establish a public right of way and the  council’s bid “falls foul on all four”.

He added: “We welcome people taking access to the hill and do everything we possibly can to facilitate that.

“We are also in the tourism business. We need visitors and want them to have free access to the hills.

“Out of the 27,000 acres we manage we exclude less than 0.1% and that is over gardens and farm yards.”

The council has proposed making a route linking Acharacle, Arivegaig, Glenborrodale and Laga a core path.

This drew 39 messages of support and eight objections, including from the estate, local businesses and a 200-name petition.