Core Path Report for C036 Quinish Point Circular, Dervaig

Core Path Report for C036
Quinish Point Circular, Dervaig
1. Proposed Core Path
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2. Summary of Representations Received
Representation
Objection
Objection
Respondent
Name
Bianca
Jones
Samara
Jones
Organisation/
Group
Objection
Summery
Privacy & Security
/ Health & Safety /
Maintenance
Privacy & Security
/ Livestock /
Condition /
Farming
Operations /
Health & Safety /
Wildlife &
Conservation /
None Use /
Alternative Route
Available / Car
Parking /
Maintenance /
Condition / No
Path / Out With
Access Rights /
Core Path Criteria
Not Met
Objection Dan Miller Livestock /
Farming
Operations /
Health & Safety
Support Frieda Bos About Argyll
Walking
Holidays
Support
Tony
Charlesworth
Respondents
proposed
action
Delete
Delete
Delete
Respondent
Ref No.
P189
P151 &
E48
P196
P166
P111
Objection
withdrawn
3. History of Access
i. Right of Way Status: None recorded
The Previous owners permitted access along the path and erected “Walkers Welcome” signs
and have written to the Council stating that the path has been used by the public for over 30
years.
ii.
iii.
iv.
Recorded Access Issue
When the current owners purchased the estate they tried to close it to the public and have
confronted members of the public. Since then a number of people have contacted the Council
stating they were denied access through the estate by signage, locked gates and fencing. It is
also understood that the current tenant farmer was convicted of a Breach of the Peace following
an incident involving dog walkers on the estate around ten years ago. Following a site visit it
was felt that although access rights would be exercisable for the majority of the estate they
would not be exercisable on the track through the Home Farm.
A small number of websites already promote this route i.e.
http://www.walkhighlands.co.uk/mull/quinish-point.shtml and
http://www.dailymile.com/routes/87492-walking-route-in-tobermory-gb
http://www.quinish.co.uk/
Also in “West Coast Walks – Oban to Mallaig including Fort William and Mull” by Pamela Clark
Pub Kittiwake 2000 pp. 74 copied in Appendix IV
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4. Site Visit
Looking northwest on the public road
from Dervaig, (public road ends at
this point)
Looking north west towards entrance gate into
Quinish Estate
Looking north towards the Home Farm
Home Farm
Heading northwest along track past
Home Farm
Looking southeast from location of previous
picture
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Looking Southeast towards Home Farm
Back of farm cottage has been screened of from track
Quinish House from track
Looking south towards Quinish House from
track
Looking towards Quinish House from track
Standing Stones adjacent to the path
Path Signs near Mingary
Quinish Point
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5. Alternative Route/s
Alternative 1: this is the Aspirational route shown on the map at the start of the report and does not
enter Quinish estate
Section passes through garden of
Mingary
Section on Forestry land is very wet and muddy
Wet and muddy section of alternative route.
The alternative route proposed is Aspirational path A048 and would not enter land on Quinish Estate.
A048 was initially proposed to be part of a circular route from Dervaig that included C036 however it is
proposed as an Aspirational Path due to its poor condition. The worst part of this route would need to
be improved by the Forestry Commission who currently own this area of forestry. A section of A048
passes through what appears to be a garden of the property Mingary, the owners of which have not as
yet been consulted, but might object.
This route does not pass the standing stones or the fort both of which are a Scheduled Ancient
Monuments, nor would it offer such an interesting and varied walk. The development of this route
might well encourage people to use the proposed Core Path to make a circular walk or cycle.
If required to separate recreational users from farm operations in the farm yard it would be possible to
construct a short path around this area to the east of the existing track. However this would probably
not address the Objector’s concerns.
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6. Consultation with Objectors & Other Interested Parties
Objections raised cover numerous points including privacy issues for the houses at Home Farm and
Quinish House itself, health and safety concerns surrounding the farm and no facilities on the route.
There was also the suggestion of an alternative route via the proposed Aspirational Route A048.
7. Access Officer’s Initial Comments
There were objections to the path on the following grounds, the Council’s response to each follows;
Privacy – The proposed Core Path passes approximately 35 metres from Quinish House which backs
onto the track. It is no possible to see into any of the rooms from the track and the main gardens are
on the other side of the building.
There is a small holiday cottage at the end of the range of buildings in the farm yard which has a small
rear garden adjacent to the track. Again this is partially screened from passersby and since the route
is unlikely to be very busy the privacy of users is unlikely to be interrupted for more than a few minutes
at a time. In both locations the vegetation could be allowed to thicken up establishing a hedge to
screen these areas within a short period of time.
It was not apparent that any of the other buildings in the farm yard area were used as residences and
this was not drawn to our attention during the site visit.
Security - Although the tenant farmer claims that he has experienced occasional instances of
irresponsible behaviour, one involving a motor vehicle being driven along the track and a tractor being
used without the owner’s consent neither of these can be attributed to access takers. We are not
aware of any of these incidents being reported to the Access Team or the police. He also claims that
chickens had been killed by dogs in the yard however again no evidence was produced. This issue
could be addressed by erecting signs on the approach to the yard stating that there are free range
chickens in the yard and requesting that dog owners put their dogs on a lead. The Access Legislation
assumes that the majority of users will act responsibly and not threaten the security of land managers
or residents.
Gates - The Scottish Outdoor Access Code places a responsibility on access takers to leave gates as
they find them, several of the existing gates already have small bridle or kissing gates alongside them
to aid the user. The same code also places a duty on land managers to provide gates in fences where
appropriate for instance along the line of a path.
Health and Safety – Although the farmyard is used there will only be relatively short periods of time
when stock are being gathered or machinery is being operated when it could pose a risk to users. This
could be managed by providing advisory signage.
Core Path Criteria – I am satisfied that this path meets the criteria to be proposed as a Core Path. It
is a route which has been popular in the past and has been used for a period of thirty or more years.
There is evidence of the public expressing a desire to see this route in the Core Paths Plan over a
period of several years. It follows a well made estate track which is for the most part well drained and
easy to walk or cycle. A Core Path does not have to provide an off road link between communities it
can simply go to a popular place such as Quinish Point where there are spectacular views and a Fossil
Tree.
With the exception of the areas around the farmyard and Quinish House all of the land is within public
rights of access and the track merely provides and easier way of crossing the land.
Although is passes through the farm yard at Quinish, an area that would be considered to be outwith
Access Rights, Core Paths can be designated in such an area. See Land Reform (Scotland) Act 2003
Section 7 Provisions supplementing and qualifying section 6, Part (1) Section 6 above does not
prevent or restrict the exercise of access rights over any land which is a core path.
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Maintenance – There is no requirement on the Access Authority to maintain a Core Path although the
designation of a Core Path may in future make it easier for a land manager or community group to
attract grants to improve a path.
Livestock – The majority of proposed Core Paths on agricultural land pass through fields used by
livestock and in season for lambing or calving. There is standard advisory signage provided by
Scottish Natural Heritage to inform users and reinforce responsible behaviour, i.e. keep dogs under
control. The presence of livestock is not a reason for a Core Path not to be designated. In any case
much of the land outwith the area around the farmyard and the house is within Access Rights and the
public have a right of access. The designation of the path will make it easier for the land manager to
inform the public and provide advisory signs etc. Nothing in the Scottish Outdoor Access Code
suggests that bio security would be threatened by allowing public access.
Vehicular Traffic – The designation of a Core Path will not affect private vehicular rights of access for
the owner or other residents. Although the access track to the farm and house is narrow it is not
unusually so and the blind corners would necessitate caution for all users whether driving or walking,
cycling or riding. A responsible user will be prepared to travel at an appropriate speed and stop or give
way to motorised users as appropriate.
Wet Sections of Path – The mapping has now been amended and the majority of the path is
delineated where there is a good track which is used by motor vehicles travelling to Mingary. As with
many core paths some sections are wet or have puddles but this should not stop the Core Path from
being designated.
No Path Present – The amendment of the mapping should have resolved this issue and the path has
been surveyed using a hand held Global Positioning device to ensure accuracy. This takes the route
away from areas that have been replanted and it now follows a formed track for the whole of its length
across Quinish Estate.
Parking, Toilets Etc – There is no requirement for parking or other facilities to be provided.
Suitability & Emergency Access – This is a track suitable for motor vehicles and whilst long is not
particularly demanding and a 4x4 could be driven as far as Mingary and probably further in the event of
an emergency. The lack of mobile phone reception is not relevant; the responsible user will be
prepared for this eventuality.
Wildlife – Neither Scottish Natural Heritage nor the Royal Society for the Protection of Birds has raised
any issue with the disturbance of wildlife. It is not anticipated that the expected level of use will have a
significant impact.
Damage to the Track – It is unlikely that walkers or cyclists would cause significant damage to the
track in comparison with cars and agricultural vehicles. Equestrian users could cause some damage
however this is likely to be less than the existing vehicular use.
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Summary
From the evidence available this appears to be a popular path and is promoted on a couple of websites
and in at least one guidebook. During the previous consultation it received 33 representations of
support. The path is in good condition, starts in the centre of Dervaig, has good views and offers
access to items of historical and geological importance, there is a fossil tree on the shore at Quinish
Point. Signage could be used to help address some of the safety and other issues raised around the
Home farm. Quinish House itself has a clearly defined fence that separates it from the track. All views
from the track are of the rear of the property and little can be seen of the house or its occupants. If
there is a concern about privacy it would be possible to plant a hedge or restock the woodland between
Quinish house and the track.
Quinish Estate has a small number of Holiday Cottages whose users will in all likelihood spend a
considerable proportion of their time exercising their access rights on private land belonging to other
people in the area. Thus Quinish Estate will benefit indirectly from the provision of a good Core Path
Network on Mull and should be prepared to reciprocate. A Core Path published on the Ordinance
Survey Map might also help to promote the holiday cottages on the estate.
It is my view there is continuing public support for this path and it should continue to be proposed as a
Core Path.
The following map shows a proposed amendment to the original mapping to address inaccurate
mapping of part of the route. It is believed that the entire path subject to amendment is on land to
which the public has a right of access. The owners of Mingary will be consulted if possible on this
change.
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Amended Map of C036 shown following existing track to Mingary
The proposed amendment to the northern section of C036 is shown in purple and green, this
amendment is due to incorrect original mapping. The red and black line shows the old geometry that is
proposed for deletion.
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8. Advice received from the Access Forum
Forum Members Present
Argyll and Bute Council Core Path Plan
Finalised Draft 2012
Minute of Discussions by the Access Forum
Path Number: C036
Path Name: Quinish Point Circular, Dervaig
Niall Macalister Hall (Chair)
Tony Charlesworth
Mike McManus
Jan Dunlop
Declarations of Interest
None
Dave Tomlinson
Nick Halls
Malcolm Holder
Tim Lister
Members Familiar with the Location
Jan Dunlop
Tony Charlesworth
Discussions
Historical Access
Validity of objections
Well publicised and popular route
Community interests
Access Forum Advice to Argyll and Bute Council
Support x Officer’s Recommendation (in Section 7)
Object to Officer’s Recommendation (in Section 7)
Mixed opinion amongst Access Forum members (record all views below)
Majority View
Support Officers recommendation to amend mapping and keep as core path.
Minority View
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9. Access Officer’s Final Recommendations
The Access Forum has recommended that the path is designated as a Core Path to protect public
rights of access. They questioned the intensity of the use of the farm yard and the legitimacy of the
objections.
In reaching my position I have considered the degree to which the farmyard through which the path
passes is used for livestock and in doing so I have compared it with other farms with which I am
familiar. I do not believe that the designation of this path as a Core Path will impact significantly on the
Health and Safety of the public or anyone working on the farm.
In view of the popularity of the route and the strong support for its designation from the local community
including the previous owners of the estate who note that during the period that they owned the estate
they welcomed public use of this path as did their predecessors. Indeed the path may meet the criteria
for designation as a Public Right of Way since it has a long history of public use and terminates at the
Fossil Tree, and use of it has only been interrupted with the change in ownership. There are claims
that the public have been deterred from using this route responsibly and this is not in the spirit of the
Scottish Outdoor Access Code which suggests that public access should be permitted through a
farmyard when it will not conflict with the work of the farm.
The advice in the Scottish Outdoor Access Code states that land managers should allow access where
this does not interfere with land management operations. It would from these representations seem
that this has not been happening. See extract from the code below.
Scottish Outdoor Access Code Guidance regarding Farmyards
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Although the track past the buildings has been described as a farmyard it is also the main access to
Quinish Point. There is no evidence of cattle handling facilities in this area and although some farm
equipment including a tractor is kept in this area. On the occasion I visited there was little evidence of
intense activity on this area of the farm. Generally areas used frequently by cattle will be provided with
a concrete surface and there is no such evidence of use.
The history of customary use by local people and visitors of all ages and abilities encourages me to
recommend that this path is designated as a Core Path. The proposal has also been supported by the
Community Council. The path which is c6km in length gives access to a significant local land mark as
well as a wider network of other paths in the area. I believe that with the provision of a few suitable
signs it should be possible to manage public access along this path when there is a need to handle
livestock in the yard beside the farm buildings. The Access Team can provide these signs if the path is
designated.
In view of the above I am recommending that the path continues to be proposed as a Core Path with
the amendment shown on page 9 of this report.
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10. Appendices
Appendix I.
Copies of the representations received during the formal consultation
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Appendix II.
None
Copies of relevant correspondence
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Appendix III.
Copies of responses additional consultations
Argyll and Bute Council Core Paths Plan
Finalised Draft 2012
Objection Report Representation
Path or Launch Point No. & Name: C036 Quinish Point Circular, Dervaig, Mull.pdf
Support Officer's Recommendation
Comment: I am more than happy to support your officer's recommentation for this to become a Core Path
access to Quinish point. The objections received are from family members of the estate owners. If this
path is is not included in the Core Path Final Report it will be to the detriment of local walkers and visitors
alike.
Your name: Margaret Lovell
Serial No. 19
Email address: margaret.lovell@btinternet.com
Address & Phone:
Valentine Cottage
Dervaig
Isle Of Mull
Pa75 6ql
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Argyll and Bute Council Core Paths Plan
Finalised Draft 2012
Objection Report Representation
Path or Launch Point No. & Name: C036 Quinish Point Circular, Dervaig, Mull.pdf
Support Officer's Recommendation
Comment: as previous owners of the estate, I should say that, not only were well beahved walkers/cyclists
with dogs on leads, welcome to enjoy the peace and beauty of the estate out to Quinish Point and the
Standing Stone (now fenced off, from what, one wonders after centuries of managing without such a
confine), but the owners prior to us had the same attitude of sharing their place of outstanding beauty.
Thus, I mean, it was a lot more than 30 years of welcoming! At no point did we, or they, to my knowledge,
suffer any damage to land or livestock over those long years. If people are guided, by signs requesting
respect whilst walking, they will respond accordingly. It should also be noted that the new owners are
hardly ever on the estate and the evidence of decay and collapse with fallen trees, overgrowth, etc tells its
own truth. Ever since they came to the Quinish Estate, they have felt, it seems, invaded, and yet, as we
know, Quinish is in people's hearts and its beauty is unique with the views, the extensive coastline, the
natural woodlands. Fences and gates and agressive confrontations are all so unnecessary. We used to
request, whilst working in the farm with stock, that walkers take the alternative route via the house, now
closed off. They couldn't see in the windows even then, without actually walking into the front garden,
which nobody would do. In my long experience of living here, people will always respect guidance. After
all, this is not Brighton Front, but a place where like-minded folk seek peaceful, gentle walks through a wild
beauty that lifts their hearts.
Your name: Judy Fairbairns
Serial No. 46
Email address: judy@wildcolour.co.uk
Address & Phone:
Little Cuin Lodge, Dervaig, Isle Of Mull PA75 6QL
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Argyll and Bute Council Core Paths Plan
Finalised Draft 2012
Objection Report Representation
Path or Launch Point No. & Name: C036 Quinish Point Circular, Dervaig, Mull.pdf
Comment Only (In A Number Of Cases The Access Officers Have Not Made A Recommendation;
Please Use This Option To Make Your Views Known)
Comment: I comment rather than support or object because the amendment partly supports the original
and partly alters the original proposal -
The current proposal to delete the path via the coast to Quinish Point from Dervaig (marked red/black in the
amendment) is not advisable as the public will use this route regardless due to the attraction of the fossil
tree. Better to have it properly marked and keep people to a defined route. The route via the standing
stones and Farm Square to/from Dervaig and Quinish Point is one I support as is the route to/ from Dervaig
and Quinish Point via Quinish Forest.
Your name: Ailsa Morgan
Serial No. 49
Email address: ailsamorgan@mac.com
Address & Phone:
Torrbreac, Dervaig, Isle Of Mull, PA75 6QL
01688400283
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Argyll and Bute Council Core Paths Plan
Finalised Draft 2012
Objection Report Representation
Path or Launch Point No. & Name: C036 Quinish Point Circular, Dervaig, Mull.pdf
Object To Officer's Recommendation
Comment: Since 1991 access to the land has been restricted as it is a working farm.
There are other buildings in the farm yard area which are used as residences and this is well known
to the Council.
As evidenced by the fourth image on page four, parts of the proposed route are in poor condtion
and are wet and muddy. As the route progresses north the conditions deteriorate and would require
remedial repair work at a prohibitive cost. The report notes “some sections are wet or have puddles
but this should not stop the core path from being designated”. Equally, the fact the alternative route
is wet and muddy should not stop this path from being used.
According to the copies of the representations received during the formal consulation there are only
2 supporters; one being a private business with a commercial interest in opening the route for their
paying customers. Given that 33 representations of support were recorded during the previous
consultation, the reduction in support down to a single public supporter does not constitute
“continued public support”.
In order to establish a hedge to screen a number of private residences from view within a short
period of time large amounts of deer fencing would need to be erected; this is cost prohibitive.
Visitors to Quinish Estate spend their time on its grounds and would not have an interest in a core
path network nor seek to gain access rights on other private land elsewhere on the island. There
would be no benefits promotional or otherwise.
Since a viable alternative route has been identified, the proposed route cannot, by definition, be a
‘core path’, therefore the proposed interpretation of the Land Reform (Scotland) Act 2003 is not
accurate.
As discussed in the meeting of the Scottish Partliament on 13th June 2012, it was noted that the
Mountain Rescue Team was called out over 500 times in 2011 and that “the majority of work is
caused by people who just set out for a walk”. The Mountain Rescue Committee’s 2010 report
points out that “Summer Hill walking is responsible for more incidents than any other mountain
activity”. It would be incorrect to assume that all users are “responsible”. Therefore the lack of
mobile reception, lighting, shelter and the impact of these factors on emergency rescue effort
cannot be ignored.
The fossil tree on Quinish Point can be reached via the alternative route. While the standing stones
may have been designated as Scheduled Ancient Monuments, the aim of scheduling is “to preserve
sites and monuments as far as possible in the form in which they have come down to us today” not
to guarantee open access. Indeed, opening access to potentially large numbers of visitors risks
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damage to the stones and therefore would not be consistent with the aims of scheduling.
Your name: Samara Jones
Serial No. 112
Email address: samara.jones@gmail.com
Address & Phone:
C/O Quinish Estate, PA75 6QL
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Appendix IV. Additional supporting documents
Web Page promoting Holiday Cottages and walks on Quinish Estate http://www.quinish.co.uk/
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