The Mountaineering Council of Scotland

Issue 20 October 2003

ACCESS & CONSERVATION NEWS Cuillin Give-Away by Mike Dales & Kevin Howett News releases from the Scottish Executive and Highlands and Islands Enterprise (HIE) on 9 July 2003 announced that they welcomed the prospect that John MacLeod of MacLeod could gift the Cuillin mountains on Skye to the nation. This 'Cuillin For Sale' saga has gone on for over three years now and throughout this time there has been a gulf between the main users of the Cuillin mountains - the recreational visitors - and the landowner over this issue. The announcement may indicate that MacLeod has failed to find a buyer for the Cuillin. Possible reasons, which the recreation and conservation bodies highlighted initially, could include firstly, and most obviously, the asking price of £10M. Even allowing for “iconic value” or a “conservation premium” this price amounts to something in the order of a 400% over-valuation. Then there was the uncertainty of the developing 'community right to buy' section of the Land Reform Act, and finally the issue of whether the potential buyer was dealing with the rightful owner or not. The research carried out by mountaineer and historian Alan Blackshaw showed that MacLeod's claim to ownership of the Cuillin was at least challengeable, and probably suspect. Although the Crown Estate Commissioners decided not to challenge, by judicial process, MacLeod's claim of ownership, Blackshaw's work had created a widespread belief that MacLeod's title was invalid, and most of the letters in the press following the announcements of the “gifting of the Cuillin” centred on the questionable ownership aspect of this story. The recent news reports suggest a continued link between the gifting of the Cuillin and the granting of government money to repair the Dunvegan Castle roof (through the setting up of a Trust to own and run the castle). Whatever the arguments are for public finance support for the castle the important point for mountaineers is that if any 'deal' goes ahead, uncertainties over the future management of the Cuillin should be resolved and management that recognises the importance of the 'undeveloped state' of these mountains be put in place as soon as possible. Whilst confirmation of public ownership of the Cuillin should be welcomed, currently the agencies concerned have not contacted the MCofS or other recreational bodies to be part of talks over their future. HIE's main remit is one of economic development. If they are to be part of any future management group, then they need to engage with bodies like MCofS at an early stage to ensure the qualities that attract the main users remain intact. Schemes to boost general tourism such as helicopter flights and visitor centres in Glen Brittle (both of which we have successfully campaigned against in the past) whilst possibly being exciting developments for HIE, are probably not acceptable to mountaineers and walkers. It is also alarming that SNH appears to have been excluded from the negotiations, so there has to be a concern that the conservation of the mountains is not necessarily being taken fully into consideration in current talks. There may soon be a management change in the Skye Cuillin. If there is, the important issue for mountaineering is that the change is sensitive to the special nature of the area, and has concern for the quality of the wildlife habitats and importance for quiet recreation. We are prepared to work with others to develop and agree future objectives and plans and we will be pushing to have early talks with HIE and Highland Council to ensure that any negotiations to gift the Cuillin to the people of Scotland would not come with strings attached which might detract from these qualities.

Shieldaig Hydro Stop-Press The number of objections to Highland Light and Power's (HLP) proposals for a hydroelectric scheme in the Shieldaig and Flowerdale Forests in the Wester Ross National Scenic Area received by the Scottish Executive has risen to 848. They include the Wester Ross Fisheries Trust, and The Torridon and Kinlochewe Community Council, within whose boundary the whole project is situated. The most significant objections, however, have come from Scottish Natural Heritage and the Scottish Environment Protection Agency as the development would apparently contradict the 'no deterioration' requirement of the EU Water Framework Directive. In contrast there were just 6 letters of support. As the Scottish Executive, under the Electricity Act, is dealing with the application, Highland Council is a consultee rather than the planning authority. To assist their decision-making process Highland Planning Committee held a hearing on August 20th at which the MCofS gave evidence. Unfortunately, the councillors' decided to back the proposal with Councillor Roy MacIntyre of Gairloch suggesting the views of his “non-indigenous” constituents were not as important as other local people. He also expressed the view that development in any mountain area was acceptable. The Planning Committee's decision was, however, challenged and the full council re-considered the case on September 11th. Highland Council has received criticism in recent reports for the number of times they overturn the recommendations of their Planning Officers and with their retention of planning powers for their sector of the Cairngorms National Park, their planning decisions are being closely scrutinised. When Highland Council eventually makes its decision, it then provides further guidance to the Scottish Executive who will make the final decision to 'reject', 'send to public inquiry', 'accept with amendments' or 'accept as is'. We hope the Executive will see the great damage this particular application will cause to a 'wild' area of the Highlands but is also causing to the wider case for renewables, and reject it outright.   Railways and Access to Hills by Kevin Howett You may have noticed walking in Scotland's hills that it is often necessary to cross the main highland railway lines to start your walk. But if Network Rail go ahead with current plans, this may not be possible in the future. The company has started to look at the closure of up to 600 level crossings within the next 6 months. There appears to have been no public consultation or any attempt to find alternative access solutions for hill walkers, indeed they seem oblivious to the effect the closures could have. Network Rail's primary concern of course is safety, but they have taken the stance that they feel it should be up to the Scottish Executive to fund alternative crossings to allow access as per the new legislation. They also have stated that the crossings are the property of landowners and not public rights of way. The company intend to close crossings and prevent the public using them by imposing £1,000 fines for trespassing on the line (a fine already in force for rail lines out with crossings). There are a number of hills which would become no-go areas. Bridge of Orchy and Crianlarich (Glen Falloch), Ben Lui, Moruisg from Glencarron, the Monadhliath accessed from the east, the hills to the west of Drumochter Pass and the Ben Alder range. Safety is an issue and past walking guides have erroneously directed walkers onto railway lines where there was no alternative. In January of this year the Mallaig to Crianlarich train had to stop when a party of four walkers had to jump out of its way, with one receiving a blow to the arm and suspected broken collarbone. The train picked the party up and took them to Bridge of Orchy and an awaiting ambulance. They were on the line because swollen rivers had prevented normal access back off the hill. A number of years ago a former secretary of the SMC and his dog were run down by a Class 37 Loco and killed in the same area. This highlights the importance of the existing crossings and the ability to use them without the fear of a substantial fine, or the risk of having to walk along the line itself to either gain access to or get off the hill. Visitscotland has already expressed concern at the effect on the estimated £500m walking economy and hopefully Network Rail will start to sit down with recreational groups and discuss the issue.   Glen Einich Track There is likely to be disruption on the Gleann Einich track over the next few years as work is carried out on the water extraction pipe that takes 1.5 million gallons a day from Loch Einich. The work will involve lining the old pipe with new to stop leaks but not to increase the extraction rate or pipe capacity. Villages such as Carrbridge ran out of water earlier this year and leaks were seen as a major cause of that shortage. The work will take place from mid-May to October over two years. The glen will not be closed at any time but the footpath in the gorge will be closed while they are working in that area and people directed along the track above the gorge. With the presence of heavy vehicles and other machinery the visual and noise intrusion is likely to be the biggest impact on recreation. Check progress via our website.   Linn of Dee Car Park Following on from recent consultations, the National Trust for Scotland has outlined its plans for improving the Linn of Dee car park, and for introducing a parking fee of £2 per vehicle per visit (coaches £10) on a pay & display basis. As at other Trust properties, parking will be free to NTS members displaying a current sticker within the vehicle. The Trust will monitor the scheme and would welcome any comments from visitors. Nearly all respondents in the consultation exercise welcomed the improvements to the car park and gave general support for parking charges on the principle that income generated be used to fund the associated facilities, footpath repair and maintenance, and other conservation work at Mar Lodge. There is further discussion of this article in the Pitch-in section.   Scottish Outdoor Access Code (SOAC) SNH received 1350 responses to its consultation into the draft SOAC, which closed on June 30th. The MCofS thanks all those individuals; clubs and commercial operators who took the time to respond to this crucial consultative exercise. SNH will now analyse those responses and re-write the Code with the responses in mind. With the Land Reform Act receiving Royal Assent in February 2003, but the new statutory rights not coming into effect until spring 2004, it leaves us in an interim period. Our advice has been to continue taking access as usual during this time and, as always, to act with good manners and consideration for others.   Cairngorms National Park Launch As we go to press the Cairngorms National Park is due to be launched, and gain its full range of powers, on September 1st. There are outstanding issues in terms of the park boundaries, planning powers and board membership that the MCofS and other organisations would wish to see changed, but we do, however, welcome the fact that the Cairngorms are now a National Park. The MCofS hope to contribute where we can to the many forums and debates that are of interest to mountaineers regarding the management of the new park.

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