UKH

Hi there,

I just noticed someone has reported an incident with a landower over the access to the Divie bouldering. The comment was anonymous, and I would really like to discuss this, so if this was you could you please get in contact so I can press you for some more details. It would be great to get this resolved.

Cheers,

Ted

Findhorn Gorge

In reply to TeddyC:

I'd be curious to know what's behind this. I could  see how climbers parking or using the access road might be an issue but it's hard to see how the climbing itself would be a problem given where it is. 

In reply to DaveHK:

My guess is the landowner (or one of his employees) flexing his muscles to see what he can get away with. Local MP Dross is unlikely to be sympathetic to public access rights. 

In reply to 65:

I try not to jump to those conclusions but sometimes it's hard.

Local MP Dross is unlikely to be sympathetic to public access rights. 

AKA Forres Gimp.

In reply to DaveHK:

It is possible it was a grumpy and over-zealous employee.

😀

In reply to 65:

The local MP hasn't got a lot to do with it: it's the Local Authority's Access Officer who should be contacted in the first instance to report an attempt to prevent responsible access under the Land Reform (Scotland) Act 2003 (handy summary here: https://www.outdooraccess-scotland.scot/sites/default/files/2018-09/Informa... - see sections 1 & 13).

In reply to TeddyC:

I've never bouldered there, but from a look at the map, it's hard to see how the landowner could believe they have any legal right to stop people climbing. Parking is potentially a different issue. 

I'd definitely contact the council's access officer: https://www.outdooraccess-scotland.scot/doc/scottish-access-officer-contact... 

Also worth letting Mountaineering Scotland know: access@mountain.scot

Hope it can get sorted out soon. 

In reply to TeddyC:

PS Enjoyed the wee film about the place:  vimeo.com/498723568 

In reply to TeddyC:

Hi Teddy

In my opinion that "Access Banned" banner on the crag web page should be changed to "Advice" immediately. (I'd do it myself, but don't want to step on your toes).

There is no legal route for a landowner unilaterally to ban responsible access to open spaces in Scotland. Misleading signage undermines the public's confidence in our hard won access rights, and should always be challenged, whether it's a physical sign saying "Access Banned" at a location or, as here, an on-line sign.

Good luck with your negotiations.

In reply to Wicamoi:

Isn't it more serious than that? - I thought under the LRA it is actually unlawful to put up a sign deterring someone from exercising their access rights.

In reply to Myr:

The Act says landowners "must not" do it, but AFAICS there's no offence committed or penalty for doing so, just that the LA can take steps to have the signage removed, or remove it themselves: https://www.legislation.gov.uk/asp/2003/2/section/14

Thankyou for all your advice. We've been in contact with mountaineering scotland, and I'll be in contact with the local access officer too. 

Cheers, 

Ted