sanda - ?access issue?

[Clyde_Wanderer]

Justreceived this from access officer in response to email querying status of access to Sanda:

Dear Sir
I have received a small number of complaints regarding public rights of access to the island of Sanda, to the South of the Kintyre Peninsula, under the Land Reform (Scotland) Act 2003 including one from you. It would appear to me that there is the possibility that there may be an issue with some of the signs being displayed adjacent to the pier as well as the words used on the website.

An initial look at the maps suggests that the majority of the land on Sanda is subject to Access Rights as defined by the Land Reform Scotland Act 2003. If you wish to know more about your rights to responsible non motorised access over land and inland water please visit http://www.outdooraccess-scotland.com/ to learn about the Scottish Outdoor Access Code. Please note that although you have rights, you also have responsibilities to other users of the land including the land owner to make sure that your enjoyment does not affect their ability to use and enjoy the land. Most of this is common sense and could be viewed as a development of the older Countryside Code. You might also wish to note that the public have common law rights of access to the land from the sea, which allow the use of motors i.e. a tender with an outboard, once on the foreshore the Land Reform Scotland Act applies.

I have contacted the landowner and asked him to speak to me regarding public access to the island. I am now awaiting a call from him and I hope that this will be the start of resolving this issue. It may be a few weeks before I have anything concrete to report however if you would like an update please feel free to contact me. Depending upon the landowner’s responses to this issue I may need to contact you again and ask you to complete a form to officially record a complaint.

In the mean time if you have any further questions please feel free to contact me again.

Yours sincerely,


Jolyon Gritten
Access Manager
Development & Infrastructure Services
Argyll & Bute Council
Manse Brae Offices
Lochgilphead
ARGYLL
PA31 8RT

Identical to the reply I got tonight.
Now we are getting places.
C_W

 

[Searush]

Very promising, pity there aren't similar rights in England & Wales. Have you tried applying your rights to Gruinard? Or have the powers that be decided that it is "clean" again now?

 

[NormanS]

Very promising, pity there aren't similar rights in England & Wales. Have you tried applying your rights to Gruinard? Or have the powers that be decided that it is "clean" again now?

It's been clean and safe for years.

 

[bikedaft]

land access manager has been most helpful, received this today;

"I have now made contact with the landowner’s agent and had a very positive discussion with him. He will now need to discuss this with his client the landowner but hopefully the sign and the website will be changed by the spring. That is assuming last week’s storm did not blow it all the way to Rockall."

so we'll need to pop by from time to time...

thanks for all your support!

 

[dunedin]

lThat is assuming last week’s storm did not blow it all the way to Rockall."

Too true - must have been quite incredible down there last week
(though perhaps the wind direction a bit off)

 

[Clyde_Wanderer]

land access manager has been most helpful, received this today;

"I have now made contact with the landowner’s agent and had a very positive discussion with him. He will now need to discuss this with his client the landowner but hopefully the sign and the website will be changed by the spring. That is assuming last week’s storm did not blow it all the way to Rockall."

so we'll need to pop by from time to time...

thanks for all your support!

Also got same email.
Liked his sense of humour.
C_W

 

[rib]

poor bloke,only wanted a bit private land bless him

 

[bikedaft]

Also got same email.
Liked his sense of humour.
C_W

hope you get your boat fixed up before easter for that mass trespass...

 

[webcraft]

poor bloke,only wanted a bit private land bless him

Perhaps he should have checekd the relevant laws first if that was his thinking.

'Poor bloke' my a**e

- W

 

[rib]

not only has he paid all that money for a bit of private land which is not very private!but the cost of the sign and changing his advertising is wasted monies,

 

[webcraft]

not only has he paid all that money for a bit of private land which is not very private!but the cost of the sign and changing his advertising is wasted monies,

All together now . . .

aaaaaaaaaaaaaaaaaaaaahhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

Sanda is as private as any other privately owned island. No reason why the owners shouldn't buy land here, but they need to have a word with their solicitors or agents if the access laws come as a surprise to them after the purchase.



- W

 

[awol]

All together now . . .

aaaaaaaaaaaaaaaaaaaaahhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

Sanda is as private as any other privately owned island. No reason why the owners shouldn't buy land here, but they need to have a word with their solicitors or agents if the access laws come as a surprise to them after the purchase.
- W

Webby, rib seems to be a native of our southern colony where the feudal system still operates with landowners and serfs. He is probably ignorant of the provisions of the Land Reform (Scotland) Act of 2003 and the obligations it places on those with property rights.

3 Reciprocal obligations of owners

(1) It is the duty of every owner of land in respect of which access rights are exercisable—
(a) to use and manage the land; and
(b) otherwise to conduct the ownership of it,
in a way which, as respects those rights, is responsible.

(2) In determining whether the way in which land is used, managed or the ownership of it is conducted is responsible an owner is to be presumed to be using, managing and conducting the ownership of land in a way which is responsible if it does not cause unreasonable interference with the access rights of any person exercising or seeking to exercise them, but—
(a) an owner who contravenes section 14(1) or (3) or 23(2) of this Act or any byelaw made under section 12(1)(a)(ii) below is to be taken as not using, managing or conducting the ownership of the land in a responsible way;
(b) regard is to be had to whether any act or omission occurring in the use, management or conduct of the ownership of the land disregards the guidance on responsible conduct set out in the Access Code and incumbent on the owners of land.

(3) In this section the references to the use, management and conduct of the ownership of land in a way which is responsible are references to the use, management and conduct of the ownership of it in a way which is lawful and reasonable and takes proper account of the interests of persons exercising or seeking to exercise access rights.

 

[Quandary]

Webby, rib seems to be a native of our southern colony where the feudal system still operates with landowners and serfs. He is probably ignorant of the provisions of the Land Reform (Scotland) Act of 2003 and the obligations it places on those with property rights.

He lives in a land where people pay to put their anchor into the sea!!

 

[awol]

He lives in a land where people pay to put their anchor into the sea!!

You are joking, aren't you? What kind of cowering, timorous beastie would let themselves be in thrall to such an imposition?

 

[LadyInBed]

Jolyon Gritten
Access Manager

Now there's a name that you don't hear of too often, at least not down my end of the UK.

 

[Clyde_Wanderer]

Now there's a name that you don't hear of too often, at least not down my end of the UK.

Yeh never heard it before, wonder where it originates from?
Not quite sure yet if I will be making it to the not so private lands in the Clyde by this summer, all depends how things go in the next week
Fingers crossed tightly!
C_W

 

[webcraft]

Not quite sure yet if I will be making it to the not so private lands in the Clyde by this summer, all depends how things go in the next week
Fingers crossed tightly!
C_W

Fingers crossed HB is in better shape than you at first thought.

- W

 

[Clyde_Wanderer]

Fingers crossed HB is in better shape than you at first thought.

- W

Thanks Nick.
She needs a complete new mast/rigging and roller reefing system, new mast step which also involves removing head linning in main cabin and heads.
Quite a bit of repair work to inside of hull, lots of ancilleries to be moved first.
Repair to Toe rail grp and gel-coat, and rubbing strake.
And a new Plastimo IOR Danbouy as the lower pole section got crushed when the mounting tube it was in got smashed off.
Hope your cruise is going well, you cant be far from TOP now?
C_W

 

[bikedaft]

Thanks Nick.
She needs a complete new mast/rigging and roller reefing system, new mast step which also involves removing head linning in main cabin and heads.
Quite a bit of repair work to inside of hull, lots of ancilleries to be moved first.
Repair to Toe rail grp and gel-coat, and rubbing strake.
And a new Plastimo IOR Danbouy as the lower pole section got crushed when the mounting tube it was in got smashed off.
Hope your cruise is going well, you cant be far from TOP now?
C_W

slightly OT but the harbour master in rothesay may have a spare 2nd hand mast - he lost a hustler 30 mast over the side and got two 2nd hand in the end. i have his email somewhere pm me if you want more info.

tho hopefully insurance will get you a new one, if she's not written off etc