In the previous Guest Blog, I published a piece by Dr Kenneth Brown about the hostile reception he received when walking on Ledgowan Estate. I now know one of the reasons why this might have happened – the unbelievable vandalism that has been perpetrated by the owner, Andrew Simpson. Zoom in on the map above (or preferably open it in a larger window) and see for yourself the incredible bulldozed track that has been ripped across the face of the hills for over eleven miles.
It is awesome.
There are two other photographs in the previous blog post.
Here is what Eoghain Maclean said in a comment under the piece.
He has taken advantage of his right to construct a track on his land for agricultural reasons. Laughable as it eventually arrives at a hill loch where you can catch arctic charr. I was brought up on the neighbouring estate but I like others would rather walk to a hill loch instead of being transported by an ATV (all terrain vehicle).
I am informed that there was a planning application for a wind farm but it was refused. Another one was submitted but withdrawn. There is a live planning application for one 50kw turbine just behind the Ledgowan Hotel. So has the owner of this estate built an incredible road without planning consent simply so that he (and one presumes others) don’t have to exert themselves to catch some arctic char? What is clear beyond any reasonable doubt is this is NOT an agricultural track.
Why on earth is someone allowed to build such a road for recreational purposes?
A number of environmental bodies are campaigning for such roads to be subject to planning permission. Sarah Boyack MPS and Peter Peacock MSP tried (and failed) to secure this in in 2010 (here is their campaign website). Earlier this summer, Scottish Environment Link re-launched the campaign. There is more info on the Ramblers’ Scotland website including the Scottish Link press release.
Maybe it’s time we asked Mr Simpson what exactly the point of all of this is. He can be contacted here.
UPDATE 2214 10 October
An informant has told me that the track was built under Permitted Development Rights. In other words the track does not need planning permission because it is for “agricultural purposes”. Highland Council found no evidence to the contrary (which is next to impossible to do) and thus had no grounds for refusal. Note that sport fishing is NOT an agricultural purpose. What makes the case even more astonishing is that the track runs through a geomorphological SSSI – the Achnashee Terraces SSSI – map here.
UPDATE 2323 10 October
A bit off topic, but some insight into the attitude of the current owner can be gleaned from his opposition to allow cyclists and walkers to use the old public road. Highland Council over-rode his objection. Committee paper here. Minutes here (Item 20)
UPDATE 1030 11 October Edits to paragraph about the wind-turbine development and link to the current application.
UPDATE 1433 11 October Interesting comment by Colin L in comments. On Mr Simpson’s own website it states that,
The includes 18 kilometres of track so that you can explore the local wildlife and area with a local safari company (cost on request). There is also trout fishing on the estate and salmon fishing may be available by arrangement.”
And on the Sporting Lets website run by CKDFinlayson Hughes (under sport tab),
there is now 18km of track on the estate, providing excellent access for sporting parties, sightseeing or an estate safari.”
As far as I can tell from the legislation (Class 18 exemption) this is not a track for agricultural purposes at all. Will Highland Council now demand reinstatement?

Public access to land has been a source of conflict in Scotland for a long time but matters have improved in recent years following the Land Reform (Scotland) Act 2003 which provides a right of responsible access to land. Every so often, however, stories appear that suggest there is still some way to go before Scotland can be anything like a normal country in which its citizens can enjoy the great outdoors in peace and quiet. Today, this account was sent to me by Dr Kenneth Brown from Glenmoriston. It details an encounter with the new owner of Ledgowan Estate in Wester Ross last weekend. The estate was bought in 2011 by a company called Rainheath Ltd. from Yorkshire. Members of the Simpson family are Directors of the company (though Richard Simpson who is named in the piece is not listed as a Director). Andrew Simpson owns 96.09% of the shares in Rainheath and he and Rainheath Ltd. also own the Rossie Ochil shooting estate in Perthshire.

Get off my land!

Dr Kenneth Brown

My wife and I were returning from walking on hills on the Ledgowan Estate to our car that was parked off the main Achnasheen-Lochcarron road (A890). When we arrived at our car, we were accosted by a young man who had parked his vehicle beside ours. We had previously noted the same vehicle parked beside the main road when we were higher up the mountainside and concluded that we were being watched.

He demanded, in an extraordinarily arrogant and ill-mannered way, to know what we were doing, “walking on his hill”. I informed him that we were simply exercising our statutory right of access to the countryside and that that was all he needed to know. However, he persisted in demanding an answer in a most offensive way but I refused to say more than to repeat that all he needed to know was that we were entirely within our legal rights to walk on that property.

He became so persistently offensive that I demanded to know his name and status and he described himself as Richard Simpson, the owner of the Ledgowan Estate. (An online Highland Council planning notice identifies the owner of this estate as Andrew Simpson, so I assume this person is his son or another relative).

He then began to argue that we had been disturbing sheep on the land. In fact, there had been no sheep to be seen anywhere in the landscape for the full duration of our visit. This, however, did not deter him and he claimed that our dog must have frightened them away. Not only was this untrue, but our dog is extremely obedient and is always completely under control. He is used to being out on the hill; during his 13 years he has accompanied me on many Munro climbs and is regularly walked on the hills around our home in Glenmoriston.

Simpson then informed us that deer stalking was in progress and that we could have been in danger from rifle fire. I replied that, in that case, he had a duty to inform members of the public of any potential danger to them and that, if there was any sound reason for restricting public access, notices should have been displayed and proper procedures followed for a temporary restriction of the general right of access to land. In fact there were no notices of any kind to be seen, apart from one that bore the words, ‘Ledgowan Estate, caring for the environment’.
Image © Copyright Richard Webb and licensed for reuse under this Creative Commons Licence

We decided that nothing was to be gained by arguing with him and began to unlock our car. Simpson then made the absurd accusation that we had been disturbing the environment by walking on it. (There was some irony in this because the estate owner has recently driven an enormously long and wide hill track across the mountainside, through peat, leaving boulders and other detritus strewn across it on both sides). He suggested to my wife, a retired head teacher who was telling him that he needed to learn better manners, that she needed a new pair of glasses then photographed her, photographed our car and stalked off to his own vehicle and we drove away.

Newly constructed hill track on Ledgowan Estate – photo taken from Achnasheen (click image for larger version)

We have since learned that the owners of this estate have previously behaved in an extremely intimidatory way with members of the public who have accessed their land. They obviously hold the legal rights of the public in contempt and are prepared to override them by employing disgraceful tactics of the kind described above and we believe that some action should be taken to deter them.

UPDATE 6 NOVEMBER 2013

In the comments to this blog, Gerry Loose suggested that a mass walk be undertaken on Ledgowan Estate on St Andrews Day. He has asked me to publish the following.

St Andrew’s Day Mass Walk – Ledgowan Estate

My intention for the St Andrew’s Day Mass Walk in and around the Ledgowan Estate would be twofold:

1: to register concerns about hostility to access

2: to inspect the Estate, with a view to determining how the title-holders to this Estate are managing that part of Scotland of which I regard them to be stewards in the name of the folk of Scotland (as indeed many landowners claim to be).

That there is an absolute right of access enshrined in Scots Law is unarguable. That the Estate Managers and Title Holders have the best interests of the people of Scotland at heart, and that the Managers and Title Holders respect their duties to conform to the Planning Regulations of their local authority may be determined by this Mass Walk.

Unfortunately, time and work commitments and personal constraints mean that I can no longer take part in this Mass Walk.

I urge you all, however to be present on the day, in informal groups, as and when you can arrive, spending as much or as little time as you have and inspect the condition of Ledgowan Estate, touching on the two points above; and then make your findings public.
I’ll be there in spirit and will eagerly await all reports.

I also expect this St Andrew’s Day Inspection of (other) Lands & Estates to become an annual event.

I will be working towards this.

Good luck and happy walking
Gerry Loose

Gerry Loose
www.wildandstolen.wordpress.com
www.gerryloose.com

Map shows land owned by Scottish Ministers (purple = agricultural estates, green = national forest estate & red = Scottish Natural Heritage)

Today, the Scottish Government announced that the rights to hunt deer on the Island of Raasay would be granted to the Raasay Crofters’ Association for a period of five years with an option to renew automatically so long as the terms of the lease are met. This follows the decision by Scottish Ministers in February 2013 to award the lease to a commercial company from South Ayrshire. Previous blogs here, here, here and here relate the story.

The decision follows a consultation with residents of Raasay, the results of which are also published today.

BBC online report here.