Scottish Natural Heritage published a discussion paper aimed at gathering public opinion to help them formulate their future policy approach. The paper set out SNH’s thinking on the prospects facing Scotland’s landscapes, and invited comments on the issues that it raised. There were set questions to answer included in the paper, and these have been repeated below with our replies. The public consultation ran until the end of February 2004.

The original discussion paper can be downloaded as a 2.5mb PDF file from SNH website.

Below is the submission made on behalf of the membership to Scottish Natural Heritage on the consultation document. Additionally, many affiliated clubs, club members and individual members commented on the document.

Introduction

The covering letter issued with the document under consideration includes three salient facts that should not be lost sight of throughout forthcoming debates. Firstly it points out that the pace and scale of change affecting our landscapes has accelerated in recent decades. Secondly, it highlights the importance of the landscape as a natural resource, diverse and of high quality, which can make a rich contribution to people's lives. Thirdly, there has been some degradation in landscape quality, both rural and urban, and this needs attention.

The foreword, summary and Section1 admirably bring together many relevant considerations and issues concerning the evolution of landscape, the influences upon it and the causes [mostly commercial, from agricultural development to provision for tourism] of change and for concern.

The document is well assembled in the way it highlights many issues for debate and in setting its aims. It would be even more powerful if it could be disseminated to a wider and diverse audience in a variety of ways. We suggest that SNH should have published these issues and the supporting paper more widely and conspicuously. We are aware that the document was circulated to all Community Councils but we are also aware that unless the Secretary received a copy in good time, bearing in mind the fact that most Councils meet relatively infrequently, they may not have time to respond by 13th February, unless they are able to set up a sub-group of members.

It may generally be the case that landscape and the environment are low on most people's agendas and to be able to achieve meaningful debate there is a need to engage the people of Scotland, and increase their knowledge of the relevance of landscape in many aspects of their daily lives. Most of the population live in an urban environment - admittedly with specific landscape features associated with that - which in many places is ugly, depressing and forbidding, having suffered from a combination of years of neglect [by local authorities, businesses and the residents themselves] and bad planning. As a result concern for the future care of the nation's landscapes is of little relevance to their inhabitants and this is manifested by graffiti, fly-tipping and litter. Even new, well-planned developments and those refurbished soon become degraded in these ways, indicating they are not universally valued. This is a major endemic cultural attitude that should be recognised and strategies developed to address it.

The MCofS recognises that this Consultation Paper is necessary and timely and will welcome further involvement in the wider debate that must ensue. There is currently considerable concern regarding the increasing vulnerability of our landscapes to change, much of which is regarded as being undesirable and unsustainable. Increasing urban spread, road building, landfill demands, CAP reform issues, changes in land use, planning consultation and legislation, the proposed Shieldaig hydro-electric scheme and the apparently unsystematic proliferation of wind farms have all contributed to this. An overall strategy for environmental auditing, education, protection and cohesively planned development and progress are overdue.

Question 1

Sections 1 and 2 set out a number of reasons for regarding all Scotland ’s landscapes as important to the life of the nation.
a) Do you agree with this proposition and the case put forward to support it?
b) Are there any values associated with the landscape over and above those listed in Box 2 to which you would wish to draw attention?

Q.1a.
The MCofS agrees with the proposition that all Scotland's landscapes are important to the life of the nation. The landscape has historically defined our way of life, our economy, our laws and the characteristics of the people; in addition, over the years we have moulded large parts of the landscape to cater for our needs. The impact of landscape - whether urban, rural or “wild” - in affecting the quality of life for a significant part of the population should not be underestimated. There is, however, a major concern, frequently expressed, that there is equally a large sector of the Scottish population who may feel indifferent about landscape and its potential importance to them [refer to our previous comments on these aspects].

Q.1b.
Specific mention should be made of the following:-

• The importance of green spaces in urban areas, whether these are manicured gardens, parks or more 'natural' areas. These are very valuable to local people e.g . the Jupiter urban wildlife garden.
• There is a lack of recognition of the contribution to our culture, history, economy, recreation and aesthetic pleasure made by aquatic environments; the lochs, burns, rivers, estuaries and coastline. The islands of Scotland are major features of our landscape and support a unique way of life. These deserve more than the brief references on pages 5 and 23.
• Seasonal change; this affects not only the growth and appearance of fauna and flora but offers different qualities of light and weather in which to appreciate landscape.
• The contribution of our often unique flora and fauna.
• Memories and associations include characteristic sounds and smells. These will also be seasonal, and may be connected with natural phenomena [song of migrant birds, winter winds, smell of gorse blossom] and man-made ones [crunching of boots on hard snow, swishing through autumn leaves, shepherd working his dog on a flock of sheep, kayaking on a river]. It is important not to forget the stimuli by which those with any form of sensory impairment appreciate their landscape.

Question 2

SNH believes Scotland ’s landscapes deserve greater care. Do you agree and, if you do, how do you think that SNH and others can best achieve this?

Scotland's landscapes deserve an escalation in care. Landscape is about the relationship between people and place. Its appreciation is determined by a person's inborn sense of beauty, enriched and enhanced by experience. The values listed in Box 2 and the additional ones we suggest above are interdependent. Thus developing one could result in the reduction of value of another. Increased recreation, for example, can adversely affect scenic quality by increased erosion and by adding infrastructure to support the recreational need e.g. ski uplift facilities.

Unfortunately, the record of bodies; national, local and voluntary in care of the landscape has historically not been particularly successful, however well intentioned. Economic factors have tended to dominate. The record of the Scottish Executive has, to date, been disappointing, exemplified by its failure to give planning powers, independent of local authorities, to both of the National Park Boards.

People will only take care of the landscape when they are properly aware of its value to their quality of life [and its potential for attracting tourists]. It is apparent that knowledge and appreciation of landscape is the province of a small section of the population. There should be an investigation to quantify the awareness of people in Scotland of their landscape and environment; and further to that some kind of commitment to raising awareness, through public education as well as encouraging and funding more outdoor education of a diverse nature. The value of attractive natural landscapes with an understanding of their associated fauna, flora and diversity should ideally be inculcated in children from an early age, whether they live in the country or the city. Parents, schools and communities all could have a role here.

There is a need for the general population to put pressure on the Scottish Executive and politicians to give environmental and landscape care a much higher priority. It has been suggested that a further approach in addition to the survey above, could be to re-visit Bill Murray's original paper put to the then Countryside Commission for Scotland, where he catalogued areas according to their scenic quality. A classification could be devised ranging from “pristine” [where obtrusive man-made developments would be prohibited] to “industrial” where necessary growth and development would be permitted but controlled by stringent and fair planning in compliance with negotiated local/district/regional long term Structure Plans. There would need to be defined criteria for appropriate classification under such a scheme - this could be anticipated to involve much debate.

The MCofS considers that the following steps are necessary :

• Planning laws and guidelines should be revised to take greater account of landscape protection.
• Greater attention should be given to National Scenic Area definition, identification and protection.
• The UK Government should be pressed to adopt the European Landscape Convention. Even before implementation, the Scottish Executive could ensure its principles are incorporated into future Strategic Environmental Assessments.
• If National Public Parks provide more protection than NSA status then consideration should be given to creating more.

SEPA should be urged to ensure that landscape considerations are taken into account when new river engineering licensing regimes are implemented under the WFD.

Question 3

Scotland ’s landscapes will continue to evolve. This section has described the factors that SNH has identified as the principal forces for change over the past 50 years.
a) Do you agree with this analysis?
b) Are there new forces,already with us or foreseeable, that will shape Scotland ’s landscapes over the next few decades?

Q.3a.
We agree with the analysis described in the eight bullet points on pages 18 and 19. There is however, one serious omission. Although the illustrative statistics [Box 4] mention the significant increase in sheep numbers, figures for the increase in red deer numbers are not given. Over-grazing by both sheep and deer has contributed to long-term environmental degradation. This has apparently necessitated an increase in deer fencing to protect vulnerable planting, which is visually offensive in many upland areas. The need for strategic and well-informed hind culling should be addressed with urgency and central decisions need to be taken on this.

Q.3b.
The Scottish landscape, over the centuries, has been largely altered by human activity, which has had a much greater effect than natural forces. This will inevitably continue in future centuries but there are particular concerns over phenomena that will undoubtedly have an impact in the shorter term and which could lead to many changes in the landscape quality, environment and natural resources we pass to future generations:-

• The rate of urbanisation seems to be accelerating, not merely increasing.
• CAP reform [though this could also be used to give positive changes].
• Climate change, particularly global warming, which will lead to changes in coastlines and flood plains due to raised sea levels.
• Renewable energy schemes
• Increases in fish-farming and strategies to increase their productivity
• Changes in demography leading to changes in house building patterns
• Increasing emphasis on productivity and the economy. It is recognised that these are important for the future of Scotland in an increasingly competitive world but there is a need to give permanent destructive or harmful effects on our environment a higher priority in the overall pursuit of wealth.
• An increased need for building materials; there is therefore a demand for quarried material and concern over not only their proliferation but also any development of superquarries.
• Land Reform legislation - this will cause changes to the pattern of land ownership and therefore its use and management. Also access rights must be exercised responsibly in accordance with the Access Code. Local Authorities have to monitor this and in addition create core path networks which may need to have an associated infrastructure.
• Public emphasis on cheap food has a huge impact on production methods
• Increase in leisure time and interest in a broad spectrum of outdoor pursuits, although desirable, puts increased pressure on the landscape.
• Changes in Forestry practices and husbandry.

Landscape issues are also influenced by other current consultations and reviews of agriculture and forestry, and the outcomes of these must also be taken into account.

There is a need for stronger protection of “wild land” and areas recognised as being of national, European or global importance.

Question 4

Change can be for the better or the worse, or indeed neutral in its landscape effects. This section has identified a number of trends that SNH views as detrimental to landscape quality.
a) Do you agree with this assessment?
b) Are there any other significant developments that we have omitted?

Q.4a.
Yes, agreed.

Q.4b.
We have found it difficult to separate our comments to 3b and 4b.

In energy production and energy efficiency, there are several areas of concern over the shift from the use of fossil fuels to the apparent mushrooming of “renewable energy schemes”.

Harvesting fossil fuels has blighted the landscape over the years. Coal mines and their associated infrastructure and effect of concentrating populations in poorly planned housing were instrumental in destroying the rural character of much of the central belt. In areas where there were deep mines there are now open-cast mines. Much of this visual degradation remains, and this contributes to some of the concern over wind farm proliferation - there is a feeling that as this technology becomes superseded or improved, restorative landscape work will not be compulsory. Similarly, peat diggings are unsightly and the erection of oilrigs in estuaries and refinery complexes are visually very intrusive.

Future technologies to harness energy and generate power need not be so landscape damaging as the older technologies. Additionally, it has to be recognised that in order to achieve carbon balance, we must exploit green energy technologies. Most of the Scottish population lives in the lowlands, where environmental degradation is most apparent. Successive generations have lived in these areas and known no other, so it is not surprising perhaps that there is an apparent culture among many of not valuing landscape or appreciating its contribution to the quality of life.

Consideration should be given to upgrading existing hydro-electric schemes and making them more efficient rather than building new ones. Some remediation work will need to be done to comply with the Water Framework Directive, but where this requires water to be returned to rivers, this may reduce generating capacity, which could counteract gains from efficiency improvements.

There should be more emphasis on local schemes to harness energy and produce power. Small scale HEP and wind-turbines supplying the immediate area could be less visually polluting. There have been some community energy programmes started up in Scotland and hopefully this will increase. There is concern over the provision of transmission lines from remote large scale turbine developments to the areas where the power is needed. We also recognise that over supply is desirable so that surplus power can be sold on.

It must be emphasised that there is great anxiety over the fact that Scotland has no overall strategic plan for increased power production coupled with significant energy efficient strategies. Such a plan should take into consideration the effect on landscape change, especially in “wild” landscapes alongside economic and construction needs.

There is insufficient emphasis given to energy efficiency. To achieve long term reduction in energy demands insulation standards in homes need to be improved and building regulations should specify a higher standard; and domestic appliances should be made more energy efficient. In the last couple of decades, increased house building, particularly in the Highlands, has been characterised by a proliferation of modern bungalows. While it is recognised that these tend to be of timber frame construction and therefore encompass some energy efficient features, and contribute to maintaining a level of population in rural areas, these are often visually intrusive as they are not in keeping with the indigenous architectural style and thereby detract from the local landscape. It is perfectly possible to build a timber frame construction and design and finish it with cladding and roofing material in keeping with the local style. This should be strongly encouraged, if not be mandatory; and insulation and energy efficiency standards should be brought up to Nordic standards at least.

Question 5

This section has put forward six principles which SNH believes should steer our efforts to guide and manage change in Scotland ’s landscapes in the future.
a) Do you agree with these six propositions?
b) Do they leave out anything important?

Q.5a.
The MCofS agrees with these 6 basic principles. It could be suggested that their order should be changed, in that those listed first could be considered to be of greatest priority, hence we would amend the order to
All landscapes deserve care
Some landscapes warrant special safeguard
Landscapes are a shared responsibility
with the remaining bullet points of equal status.

There is ongoing unabated attrition of wild land. This is of serious concern; the Shieldaig HEP proposal for example is centred on an area which is not only of national importance but which is also globally unique. It is totally unacceptable that this proposal has been allowed to progress so far as to be pursued to its current stage. There should be a “zero tolerance” approach to development in identified special areas of landscape significance to secure them. It is unacceptable that proposed developments in these areas are dealt with at local planning level with the only protection available being the possibility that the application will be called in by the Secretary of State. There is an issue associated with Designations in that there is insufficient restriction; specific policies and consultation procedures offer inadequate protection. Protection of specific landscapes depends overmuch on NGOs being alerted to applications and then being willing to enter the debate.

Q.5b.
Although the 6 guiding principles are significant, there are reservations concerning their interpretation [by government, local authorities etc.] in implementation. Such principles need to be enshrined in effective legislation and planning guidelines. There are existing tools for guiding landscape change but these can be discounted in the pursuit of other interests. For example, the proposed Shieldaig HEP is an example of how the guiding policy of a NSA can be disregarded, and Planners can be over-ruled by their local councillors.

There is a need for investigation into why the regulatory systems, and in particular the Town and Country Planning system, have failed in upland areas. The fact that bulldozed tracks appear on the hills and the MCofS is involved in discussions with Councils about these - always after the event - suggests that planning controls are inadequate, non-existent or ignored, and there are no sanctions for ignoring any that do exist.

Hilltracks should be brought fully within the planning system. The current planning law of requiring planning consent for sporting purposes, but not for agricultural, is one of the biggest loopholes leading to landscape damage. To quote just one example, this loophole was exploited when the old stalker's path at Attadale was bulldozed into a track, the estate claiming this was necessary for deer extraction. When this was challenged, the response was that some cattle were kept in the area and the track was for access to them.

It is understood that the Executive is currently considering setting up a specialist Environmental Tribunal. There is a need to specify such matters as to who would have access to such a court, what matters should be heard and how the importance of landscape can be part of its remit. For example, should NGOs who are presently excluded from playing a part in decisions about landscape, except as objectors or being invited [rarely] to make a case, be entitled to be litigants at such a court without having to demonstrate any interest other than concern?

Question 6

This section has highlighted a variety of challenges that in SNH ’s view must be tackled successfully if Scotland ’s future landscapes are to be at least as good as those we have today. For each of the sub-sections, addressing a specific landscape setting or theme:
a) do you agree with the concerns identified,and are there others that you would wish to register?
b)how do you think that the challenges, listed as bullet points, can best be tackled?
c) Overall, do we have available the tools and mechanisms necessary to ensure better care for Scotland ’s landscapes?

Q.6a.
We agree with the concerns identified. Many rural areas are acknowledged areas of fragility but there is often divergence between those who live there and visitors. There is a greater need for visitors to appreciate the contributions they can make to local economies and the impact their visits have on landscapes, communities and the local infrastructure. Similarly, local people should evaluate the impact of visitors to their areas, including the financial input.

Q.6b & c.
It should be recognised that conservation need not be at odds with capitalism. There should be shared commitment and effective action but it is difficult, perhaps even impossible to achieve consensus, as was proved by the Cairngorm funicular development. We do not have effective clear tools and mechanisms necessary to ensure better care for Scotland's landscapes. The landscape is let down by unenforceable Designation status and planning procedures and laws that can be apparently manipulated. A carefully constituted and accountable Landscape Tribunal, regularly reviewed and evaluated could be set up, backed by appropriate legislation. This would take some time to achieve.

The tools described in Box 5 should have an elevated significance gained via political will and public perception. There are already established supportive links between public bodies like SNH and NGOs such as the MCofS, LINK, JMT, NTS etc. These need to be politically recognised and financially subsidised.

We have raised some points in our response to Q5b that also apply here.

Question 7

SNH believes that only shared commitment and collective action will secure for Scotland’s landscapes the attention and care that they deserve. How can such a shared agenda be generated, bearing in mind the need to marry local and wider perspectives?

There must be a politically driven will to do this. To achieve influence over the political agenda then all those bodies interested in the preservation and enhancement of the landscape should meet on a regular basis to co-ordinate actions that will carry a strong political message. There would need to be public awareness raising to generate support. The public and NGOs should be enlisted to put pressure on politicians and thereby the Scottish Executive in order to achieve a greater priority for environmental issues. Comparisons could be made with other countries, and successful approaches adopted. Local populations should be encouraged to become more involved in the issues that might affect them and other communities in similar situations. Wider and more vocal media coverage is a strategy that should be developed and fostered to support these aims. Whenever public consultations are set up or there are public inquiries or the populace is alerted to an undesirable proposed development and urged to “ write in and object”, the low level of written response, despite strong feeling, is often disappointing. We need to pinpoint the reasons for this and address them.

One outcome of this current consultation could be a review by the SE of all legislation relevant to the conservation and management of Scotland's landscapes. The role of bodies such as SNH, Historic Scotland and Forest Enterprise should be examined and compared before introducing new procedures and legislation. After consultation with voluntary bodies a Planning Code could be produced similar in concept to the Access Code.

Question 8

This section has spelt out the wider range of individuals and organisations whose contributions are essential to the better care of Scotland ’s landscapes.
a) Do you agree with the roles identified for all the various interests?
b) How can you or yourorganisation contribute to achieving the better care desired?

Q.8a.
Yes, more or less. It is essential to promote better communication between all those involved directly and the wider public, in order to promote better understanding of issues.

There is a need for more effective integration and co-ordination of all stakeholders if responsibilities and roles are to be exercised effectively.

Q.8b.
The MCofS, a largely voluntary NGO, has worked on a variety of policies and positions on environmental and conservation issues; some complete, others still under consideration. Additionally, we liase with a number of bodies on a variety of issues on a regular basis. Members of the MCofS Executive and many of our membership are prepared to engage fully with Government and local councils in landscape issues, and would welcome representation and participation in any future working groups and forums.

More high profile meetings, well publicised and perhaps involving politicians, could enhance the common cause and engage Scottish communities in recognising and appreciating the diversity and value of our landscapes and help them to thrive and develop in a sustainable and economically viable manner whilst avoiding landscape degradation.

The MCofS commends SNH's “intention to foster a more collective understanding, appreciation and commitment to the effective care of Scotland's landscape”.

Collated on behalf of the MCofS
Access and Conservation Committee
by Beryl Leatherland, February 2004.