Introduction
The Land Reform (Scotland) Act 2003 came into effect in February 2005. The Act establishes a statutory right of non-motorised access to most land and in-land water in Scotland. The Act allows for walking, cycling, horse-riding and all other forms of non-motorised access, provided these rights are exercised responsibly. The Act also requires land managers to recognise access rights and to manage their land and water responsibly in relation to these rights. Although the Act establishes a right of responsible access to most land, it is generally recognised that most people prefer to use paths.
For more information on the Act and the supporting Scottish Outdoor Access Code please visit www.outdooraccess-scotland.com
The Act also places a number of new statutory duties on Local Authorities, including the development of a Core Paths Plan which will provide the basic framework of path routes ‘‘sufficient for the purpose of giving the public reasonable access throughout their area”. The drawing up of a plan for a system of core paths by February 2008 is a statutory duty under Section 17 of the Act.
The Candidate Core Paths Plan has been prepared as the first consultative stage in the process of preparing and adopting a Plan. The full process for preparing and adopting the Core Paths Plan is illustrated in Table 1 at the end of this document. The Candidate Core Paths Plan comprises this Written Statement accompanied by two maps, identifying the routes of the proposed core paths. It is also accompanied by a Draft Environmental Report.
The Candidate Core Paths Plan is produced for early consultation prior to the publication of the Draft Plan, at which stage objections are invited. This early engagement will allow major issues to be aired and considered, which could avoid formal objection at the Draft Plan stage.
What is a Core Paths Plan?
The Core Paths Plan will detail a network of core paths which give reasonable access throughout the Local Authority area for as wide a range of non-motorised activities as possible.
The Plan will be adopted and published by the Local Authority in order to promote the use of core path routes. When appropriate or necessary, the Plan will be reviewed and amended.
What are Core Paths?
It is expected that core paths will have many different characteristics and will encompass a range of path types and surfaces, which can include:
natural grass and beaten earth paths through fields, woods, along river banks etc;
surfaced paths and tracks, towpaths etc.
waterways with launching points; and
quiet minor public roads and pavements.
The core paths will consist of both existing and new paths and when implemented these routes will form a cohesive path network. Existing paths which may be included within the Core Paths Plan include:
public rights of way by foot, horse, bicycle or any combination of those;
paths, footways, footpaths, cycle tracks;
paths which are or maybe delineated by a Path Agreement or a Path Order; and
other appropriate routes or waterways by which a person may cross land.
The core path network may include public rights of way but there is no presumption that all current public rights of way will become core paths.
The core path network will, as far as possible, provide for the needs of all types of user. It should be noted that, while a path may have natural limitations arising from the inherent characteristics of the terrain, such natural limitations will not preclude a paths designation as a core path. To avoid possible conflict between different types of users, the multi-use of core paths will be subject to responsible use in terms of the Scottish Outdoor Access Code.
Core paths will have a key role to play in providing for outdoor access. They will enable both the promotion of outdoor access and the reduction in potential conflict between the needs of land managers and those of access users.
Only those paths that are identified within the Core Paths Plan will form the network of core paths. However, the core path network will link into and support the wider networks of other paths.
How will Core Paths benefit path users?
The overall vision for East Renfrewshire is that the vast majority of households will be no more than 250 metres from a core path. The core path network will be accessed via other existing paths, pavements or public roads. Once on a core path it is expected that the user will be able to link between communities and local facilities within East Renfrewshire, link into adjacent core path networks within neighbouring Local Authorities, use the core paths for local or longer distance commuting and for recreational trips to the wider countryside. It is envisaged that the core path network will contribute to the quality of life by contributing to; health improvement, increased opportunities for physical activity, sustainable transport improvements, connecting communities and increasing tourism opportunities.
What is the relationship between the wider path network and Core Paths?
An extensive network of paths currently exists within East Renfrewshire. These paths are generally disjointed and tend to serve a specific individual local need. In addition to these formal paths there is also a right of general access under the Land Reform (Scotland) Act 2003 and a right of historical linear access on Public Rights of Way protected by Section 46 of the Countryside (Scotland) Act 1967. Outdoor access within East Renfrewshire can, therefore, be considered on three overlapping and interlocking levels:
a general area wide right of access;
through the wider path network, including public rights of way; and
through core paths which, will provide a basic authority wide network.
The Core Paths Plan will not affect any existing access right or the status of any other path or right of way route. General access rights under the Land Reform (Scotland) Act 2003 will be unaffected, rights of way will continue to exist in their current form and adopted minor public roads or footways will continue to be covered by the appropriate roads legislation.
For the avoidance of doubt the designation of a route as a core path will not provide any enhanced right of access, except where a core path is established on land were access rights are not otherwise exercisable i.e. across a sports or a playing field