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‘I’m not trying to snatch their freedom, I’m trying to protect them’: Highland landowner involved in access rights legal wrangle pins hopes on a resolution

A court case is focusing on access rights

A landowner has denied an access dispute on his Highland estate is an attempt to thwart the rights of walkers.

Donald Houston says he hopes the matter, which has led to a court battle, can still be resolved.

He is involved in the legal wrangle with Highland Council and Ramblers Scotland over access to part of the Ardnamurchan Estate.

Earlier this month, Woodland Renewables, part of the estate, went to Fort William Sheriff Court under section 28 of the Land Reform (Scotland) Act 2003 asking that access rights should not apply over an area used as a wood yard.

Mr Houston says he made the move on health and safety grounds.

A further court hearing is scheduled for February 2.

What is the dispute?

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

Ramblers Scotland has launched a crowdfunding appeal to help it pay legal costs, which it predicts could be up to £82,000.

In a statement issued to the Press and Journal about the case, Mr Houston says recent comments have portrayed him as someone ready to “snatch freedom” from people.

He said: “Like the overwhelming majority of landowners in Scotland I respect, abide by and wholly support the law in relation to people’s rights to enjoy a healthy walk.

“The dispute over access at Ardnamuchan Estate is not an attempt to thwart the rights of the few ramblers who venture through our property from time to time.

“As a working livestock farm that has diversified into tourism, we welcome visitors and walkers all year round.

Donald Houston is involved in a legal dispute with Highland Council and ramblers Scotland

“It is an effort to protect them and indeed the people who work in a thriving timber yard which directly employs six local people on the site itself, supports the jobs of an additional 20 people locally, has heavy goods vehicles going in and out on a regular basis and has heavy equipment operating in the open on the land.”

The court case is the latest chapter in a long-running dispute.

Walkers claim access to the hills has been blocked by locked gates in contravention of the 2003 Act and the Scottish Outdoor Access Code.

Tensions increased 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.

‘Four alternative routes suggested’ by estate

Mr Houston claims he has suggested to Highland Council four alternative routes for walkers which the authority has “not been prepared to accept or even consider to date”.

He added: “The determination of some in Highland Council to force the yard to shut is beyond comprehension.”

“I still hope this matter will be resolved to everyone’s satisfaction.

“It is convenient for critics to create stereotypes of landowners as people who will ‘use any excuse to block access rights’.

“To suggest that the closure of a timber yard, with the associated loss of jobs, is a price worth paying so a small number of people can wander through a working business, when there are good alternative routes, beggars belief.”

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

A hearing at Fort William Sheriff Court will resume in February

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

Mr Houston added: “The support we have had from the locals who live and work here, and are bringing their families up in this area, is astounding.

“The majority of the families who have lived here for generations have all signed a petition in support of our position, which has been ignored by Highland Council.

“The allegation that we have locked 17 gates is misleading and untrue. I am only too happy to admit and justify the fact that as a working farm we do sometimes lock gates.

“But this is not to stop people taking responsible access.

“It is to stop livestock getting into areas we don’t want them to be in or to keep deer out of newly planted forestry areas.”

How have the council and Ramblers Scotland responded?

Ramblers Scotland director Brendan Paddy said that many locals and visitors have reported problems with access on the estate in recent years.

He said: “The council proposed a short diversion around the wood yard where access is the subject of the current litigation.

“This would have been a compromise that many locals and the Ramblers would have found acceptable.  Rather than accepting this short diversion on their own land, the estate has instead proposed long diversions – including some on other people’s land or on land that is pathless, densely vegetated and precipitously steep.

“Many landowners and farmers across Scotland facilitate public access while running successful businesses. We are unsure why this appears to be so difficult at Glenborrodale.”

A spokeswoman for Highland Council added: “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.”