National Access Forum - 7 June 2023

Agenda and papers for 60th meeting on 7 June 2023.

Agenda

National Access Forum – 60th meeting on Wednesday 7th June 2023, 10:30 – 13:20

Hybrid meeting – In-person at Battleby and Virtual via MS Teams

  1. Welcome, introductions, apologies – Don Milton – Convenor – 10:30 – 10:45
  1. Minutes of previous meetings, action points and matters arising – 10:45 – 11:00 – (unconfirmed minutes from the hybrid meeting held 8th February 2023 attached)

Carried over from 2nd February 2023:

AP 56/5: - NatureScot to investigate the legal position on liability for third party promotion of paths. On-going: Feb 2023 update: Bridget Jones confirms NatureScot has prepared a draft brief and will be seeking legal advice, using our legal advisors, with a response anticipated by early spring. May 2023 update: No progress on action point, carry forward.

AP 59/1: Members to consult with their organisations/representative areas to seek views on the use of the phrase “access-takers”, whether the NAF should provide guidance, confirm suggested or propose better terminology and to send comments or proposed new terminology to NAFsec before the June meeting – Discharged, see agenda item 8

AP 59/2: Resources for access sub-group to progress and co-ordinate work on the agreed actions that seek to increase awareness of the value of Scotland’s outdoors for public access and recreation and promote the case for funding to maximise this potential – Partially discharged, see agenda item 5

AP 59/3: The NAF/LAF event planning group to plan the spring virtual meeting and circulate details to LAF Chairs, Local Authority Access teams, and full NAF members as soon as possible - Discharged

  1. Forestry planning process – Update from Hugh McNish and Bob Frost – 11:00 – 11:20
  1. Upland Deer Management and Access update – paper attached – Frank Spencer-Nairn and Alan Macpherson – 11:20 – 11:40

Comfort Break – 11:40 – 11:50

  1. Resources for Access – paper attached – Helen Todd – 11:50 – 12:10
  1. NAF/LAF meeting feedback – Don Milton – 12:10 – 12:20
  1. E-MTB study – update and next steps – paper attached - Graeme McLean – 12:20 – 12:40
  1. Terminology: access-takers – Don Milton - 12:40 – 12:50
  1. Forthcoming meetings and agenda items – Don Milton – updated work programme attached – 12:50 – 13:05
  • NAF meeting - Wednesday 20th September 2023 – Battleby
  • NAF meeting – Wednesday 7th February 2024 - TBC

September agenda items

  • Education and access issues
  1. AOB – 13:05 – 13:20
  • Mountaineering Scotland – It’s Up to Us Campaign - Davie Black

Close – 13:20

Public sector landowner response re: e-MTB study

Research report into the future directions and trends for off-road e-bike use and impact in Great Britain

Purpose

The purpose of this paper is to share with NAF members the high-level response to this research from the Scottish funders / supporters of this GB study, and outline opportunities to take forward work that will service its overall aim.  The Forum is asked to note the response, and the shared intention to work together and with others to make best use of the study’s insights to help manage eMTB use in a sustainable way.

Background

The NAF has discussed issues around access to the outdoors using power-assisted e-bikes over recent years and has been made aware of research commissioned by British Cycling and funded by GB forestry and nature agencies. The objectives were to study the growth in the market, the motivation and behaviour of eMTB users to understand the specific impacts that arise on the ground, and to help plan for future growth and mitigate any negative effects. The study also aimed to help inform responsible behaviour by working closely with user groups and the e-bike industry.

Graeme McLean (Head of Developing Mountain Biking in Scotland (DMBinS)), at the June 2022 NAF meeting, presented a summary of the findings from the study, and was actioned to continue to keep the Forum updated and to work with Forum partners as plans to address the eMTB study’s recommendations are developed.

The Scottish funders / supporters of the study (Forestry and Land Scotland, Scottish Forestry and NatureScot) met in March 2023 and subsequently agreed a joint response.  The response notes the links between the use of eMTBs and a range of policy areas, and outlines areas of future practice that can assist them in maximising the potential of eMTBs to contribute to policy objectives.  DMBinS will continue to provide advice, and will be involved in the development of consistent communications messages and further guidance to support the Scottish Outdoor Code.

 

Response to the research report into the future directions and trends for off-road e-bike use and impact in Great Britain

As some of the funders / supporters of this GB study, Forestry and Land Scotland, Scottish Forestry and NatureScot present a joint response to the research into e-mountain biking which was carried out during 2021/22 by Edinburgh Napier University.

We have read, responded, and are grateful for the insights offered by this research and are keen to work together and with other organisations to make the most of the opportunities arising from this sector.

Introduction

The research was commissioned by British Cycling on behalf of key public sector land managers and access and cycling organisations across Britain. The Scottish partners were represented during the research development by Developing Mountain Biking in Scotland (DMBinS).

The overall aim of the study into e-mountain bike (eMTB) use was:

To provide land managers / owners and stakeholders with data to help assist future decisions / education and policy relating to eMTB use in a responsible and sustainable way.

The full report, key insights and infographic are available and shareable, along with additional video resources, on the British Cycling website. The Annex to this note lists the key recommendations from the study aimed at stakeholders.

Along with insights into the current eMTB market, recommendations for the future were made, for landowners / managers and access managers to consider. These fall into 3 main categories:

  • Inclusion and health
  • Infrastructure
  • Education and communications

Policy issues

While a number of barriers to access were identified, these were outweighed by the positive benefits (actual and potential) arising from e-bike use by people undertaking off-road cycling and mountain biking. In Scotland, partners should seek to maximise the potential of eMTBs to contribute to net-zero goals; equality, diversity and inclusion in outdoors access; and improving health / tackling health inequality.

Policy in practice

People using road-legal electrically assisted pedal cycles (EAPCs) off-road should be treated the same as any other cyclists. However, all landowners / managers should consider whether alterations should be made to their offering, to make the experience better and more sustainable for a growing number of eMTB users.

The study’s recommendations on education and communications will be used to create some new materials to support current SOAC messages. These will be aimed at various audiences and cover a range of issues around MTB and eMTB use including shared-use and trail etiquette. Promotion of these shareable materials and messages will use the hook of the UCI Cycling World Championships in Scotland August 2023.

Forestry and Land Scotland, Scottish Forestry and NatureScot                        May 2023

 

Annex – for info - Key recommendations from the study aimed at stakeholders
 

1.  Target increased participation by currently underrepresented ethnic and

     gender groups to improve diversity and inclusion

2.  Reduce cost as barrier to participation

3.  Consider alterations to current facilities

4.  Further investigation of environmental impact of eMTB use

5.  Educate eMTB riders on trail etiquette

6.  Educate riders on outdoor access codes and the application of these codes

     specifically to eMTB

7.  Education should be distributed by a combination of outlets, primarily:

     information at trail centres, via governing bodies, and on social media

8.  Promotion of a positive image of eMTB riders

9.  Promotion of eMTB for health

Upland deer management and access communication messages - key periods

Purpose

This paper introduces a narrative developed by the NAF Upland Deer Management and Access sub-group to guide national level public facing communications. The Forum is asked to endorse the recommended narrative, subject to any final comments, for implementation during the forthcoming stag and hind seasons.

Background 

At the June 2022 meeting, ADMG presented a paper on wild deer management and access.

Discussion concluded with agreement to establish a time limited sub-group to explore the topic in more depth and report back to the Forum in June 2023 with recommendations that will enable deer management and public access to the hills to co-exist positively.

A preliminary meeting was held in December 2022 to scope the topic and develop terms of reference for the sub-group, with two further meetings in February and May 2023.  The sub-group was chaired by ADMG with representation from Mountaineering Scotland, Scottish Land & Estates, Cycling UK Scotland, NAF Local Access Forums rep, Scottish Woodlands, Scottish Forestry, Forestry and Land Scotland, Police Scotland and NatureScot. 

Refreshed national messaging 

One of the main areas of discussion was on the approach to messaging during the key stalking periods in the year within the context of a revised narrative on the need to reduce deer numbers significantly in response to nature loss and the climate crisis. The sub-group agreed to develop a suite of public facing messaging that aims to:

  • Improve general public awareness and understanding of stalking activity, in response to perceptions of a new less experienced audience accessing the hills post pandemic. 
  • Raise awareness that reducing red deer numbers significantly in the uplands is essential to address nature loss and meet climate targets.
  • Encourage increased use of the Heading for the Scottish Hills (HFTSH) website, and other information sources used by hill goers and deer managers, to minimise disturbance across the stag and hind season as a whole.
  • Encourage hill goers to take greater steps to avoid disturbance during two short key periods at the end of the stag and hind seasons.

The sub-group’s recommended messaging is set out below in the form of a broad narrative for consideration by the Forum. The narrative will require the current HFTSH service to be extended and deer managers to provide stalking information during the hind season. The sub-group recognises that national level messaging will have greater impact if it is supported by good in-advance and on-the-day on-site information from deer managers. Guidance to deer managers on stalking communications is covered in the existing NAF guidance.

It is envisaged that messaging would be drawn from this narrative and adapted for use in partners’ communications activity in a way that is appropriate for the requirements of different communication media (websites, social media, blogs, articles, press releases, etc.). For example, NatureScot will draw on this to improve content on the HFTSH website, create a new linked summary page on the SOAC website and develop social media content messages targeted at specific users, aimed at directing people to HFTSH and providing reminders at key points of the year. NAF members can also play an important role in promoting these messages consistently to target audiences within the recreation, deer management and commercial sectors.
 
Key overarching message:

Managing the number of deer and their environmental impact is vital if we are to effectively tackle the nature loss and climate crisis facing Scotland. Deer stalking can take place all year round. You can help by minimising disturbance to stalking, especially during key busier periods in the autumn (particularly the first 3 weeks of October) and winter (late January to mid-February). Please use the Heading for the Scottish Hills website and other information sources to help plan your routes all year.

Why manage deer?

Globally and in Scotland, nature is in decline and we face a climate emergency. Deer are an iconic species but their high numbers in some areas and lack of natural predators mean that they can harm upland habitats through browsing, grazing and trampling. The sustainable management of Scotland’s deer including, in places, a significant reduction, is vital to protect and restore biodiversity and tackle nature loss.

Stalking (tracking deer to shoot and kill them humanely) and fencing are the main deer management methods currently used in Scotland. Stalking keeps deer numbers in balance with the environment and enables the natural regeneration of trees, shrubs and other vegetation. This, in turn, impacts positively on the amount of carbon absorbed from the atmosphere and carbon lost through areas of damaged peat. It also contributes to the welfare of the deer, as any suffering from disease, malnourishment and injury can be culled humanely. In the absence of natural predation, it falls to people to manage the growing deer populations with care, with respect and using the latest scientific knowledge and research.

Why do we need your help?

The twin climate and nature crises give greater urgency to efforts to reduce deer numbers; to achieve this Scottish Government policy is that more deer must be culled to reduce their environmental impacts and to aid nature recovery. The uplands are a much-loved destination for anyone wanting to experience Scotland’s great outdoors and the number of people heading to some of our most popular hills has increased in recent years. Activities such as hill walking also increase the likelihood that we accidentally disturb essential deer culling. Most people are unaware that they are causing issues for stalkers but deer are alert to human activity from a great distance, so it is often impossible to tell when our presence has unsettled deer, or moved them away from areas where stalking is taking place making it more difficult, or impossible, to cull deer in that area on that day. 

Many land managers provide information about where stalking is taking place on the Heading for the Scottish Hills service. This website is an important source of information that helps anyone heading outdoors into the hills to plan routes that minimise the chance of disturbing stalking, in line with the Scottish Outdoor Access Code. 

By taking simple steps to avoid deer disturbance, such as finding out where deer stalking is happening and following requests to use alternative routes, you can play an important role in the nature recovery of our uplands, fighting climate change, increasing biodiversity and helping rural businesses and communities.

When does stalking take place? 

Red deer stag (male) stalking can take place all year round, with increasing activity from August to mid-October. Red deer hind (female) stalking takes place from the 21st of October to the 15th of February.  

The busiest stalking periods are influenced by the natural seasonal breeding cycle and movements of red deer, as well as welfare considerations. 

Accordingly, the first three weeks of October and the period towards the end of the hind season (late January to mid-February) are key times of the year when deer managers are working hard to reduce deer numbers and achieve their cull targets.

What actions can you take to help?

Throughout the year:

  • Plan ahead - use the Heading for the Scottish Hills service (and other information sources such as Walkhighlands and some estate websites) to help you find out where stalking is taking place. Fewer routes will be affected by stalking on Saturdays, and stalking does not usually take place on Sundays.
  • Plan and follow a route that avoids crossing land where deer management is taking place.
  • Pay close attention to signage on arrival and throughout your visit, and follow reasonable advice from land managers on alternative routes. 
  • Be flexible - be prepared to adjust your plans to take a different route if necessary. 
  • If there isn’t any specific information available for your route, you can minimise the risk of disturbing stalking activity by using paths and following ridges.

During the busier key deer stalking periods in the autumn (especially the first 3 weeks of October) and winter (late January to mid-February), you should be prepared for more stalking activity to be taking place in the hills during the working week (Monday to Friday) and that you are more likely to be asked to use alternative routes.  The hills are still accessible during this period, but it is essential that you plan ahead carefully and take extra care to minimise the chance of disturbing stalking.

In addition to the ‘throughout the year’ advice: 

  • Pay careful attention to the advice provided by land managers - follow any reasonable requests to avoid particular areas.
  • Be prepared to consider and plan an alternative destination if there is stalking activity affecting a route to a summit
  • Stay flexible – have a back-up plan (with additional maps if necessary) so you can change your plan, location or route on the day.

 

N.B. The text agreed at the June 2023 NAF meeting was updated following the removal of the male deer close season, with the approval of the NAF Convener in October 2023.

Briefing for MSPs - Twenty Years of Scottish Access Rights

Twenty years of Scottish access rights - reflections on the 20th anniversary of the Land Reform (Scotland) Act 2003

Summary

Scotland’s access legislation was seen as a major achievement of the then new Scottish Parliament in 2003. Twenty years on, our access rights underpin a wide range of outdoor activities and provide a framework for managing access, as well as visitor pressures. Access rights support active, healthy lifestyles and these outdoor activities provide economic benefits, especially in rural areas.

This briefing from the National Access Forum* (NAF) sets out the key aspects of our access framework. It also highlights the challenges and opportunities this brings for both the public and those managing land, especially during a time of budget constraints.

Access management takes place in local authorities and national park authorities, so the NAF makes the following recommendations to MSPs with regard to access in their local areas:

Support access management in your local authority or national park authority.
  1. Support long term investment in visitor management, especially in the provision of ranger services.
  2. Support ongoing promotion of the Scottish Outdoor Access Code to ensure both the public and land managers are aware of their responsibilities. This is crucial for the success of Scottish access rights.
  3. ​​​​​​​Ensure public access is understood as a fundamental aspect of land use and management. Making appropriate reference to public access within any forthcoming land reform and agricultural legislation will continue to provide an essential recognition of its fundamental importance.
NAF members would be happy to meet MSPs to discuss the work of the NAF and the matters outlined in the briefing. NAF members would also welcome approaches by MSPs for site visits to experience outdoor access on the ground.

Introduction

In January 2003 the Scottish Parliament passed the Land Reform (Scotland) Act. Part 1 of the Act established statutory rights of access across most land and inland water in Scotland, provided these rights are exercised responsibly. The legislation came into effect in February 2005 and was seen as a landmark achievement of the new Scottish Parliament. A measure of the legislation’s success is how well it has generally been accepted by all stakeholders, although some areas of concern remain.

This briefing gives a short summary of the legislation, the value of public access, and highlights the challenges outdoor access is facing now and in the future, of which the NAF believes MSPs need to be aware.

Why is outdoor access important?
Scotland has a great reputation for outdoor recreation opportunities, from gentle woodland strolls to adventurous white-water rafting. Our landscapes and nature provide the setting and there are widely recognised health and wellbeing benefits from being outdoors in nature, as well as significant economic benefits from visits to rural areas.

All these activities and benefits are underpinned by our access rights and the accompanying legal framework. Access management ensures that our paths and greenspaces are maintained, promoted and welcoming for all. Access Officers in our local authorities and national parks are appointed to support our land managers in order that they can constructively mitigate any pressures on their land from visits by the public. The role of Access Officers is also to work closely with ranger services, where they exist, to keep a strategic oversight of the paths network and to ensure that access rights are upheld and integrated with all other policy areas. These range from planning to transport, from healthy communities to biodiversity enhancement, safety for all and many more, but they all improve our quality of life.

What is the economic value of access for Scotland?
In addition to health and environmental benefits, outdoor access and recreation generate a vital economic contribution, especially for rural communities. Here are some studies which demonstrate this value:

  • The Scottish Government’s recent natural capital accounts place a value of £62 billion on outdoor recreation, equivalent to 30% of the value of Scottish natural capital assets and bigger than the oil and gas sector.
  • Across the UK, the Office for National Statistics (ONS) estimated the value of outdoor recreation for our health at £6.2 billion. Within this ONS report, Scotland was found to have the highest value associated with recreational health benefits, at £310 per person.
  • VisitScotland estimates the walking market generates up to £1.26 billion to the Scottish economy.
  • The Scottish Recreation Survey of 2012 reported the value of outdoor recreation by Scottish residents at approximately £2.6 billion.
  • Of the £1 billion economic value of the forestry industry each year, 18% comes from tourism and recreation in Scotland’s forests and woodlands, at £183m, supporting 6,312 FTE jobs in the tourism and recreation sector.
  • Leisure cycle tourism is worth £345m and mountain bike tourism £141m each year.
  • Expenditure on horse riding in Scotland, excluding horse racing, is valued in a report by the British Horse Society and Horse Scotland at £335m per year.
  • Marine recreation and tourism contribute £2.4 billion each year.
  • In 2010, NatureScot estimated the value of nature-based tourism at £1.4 billion, supporting 39,000 FTE jobs.

Why was the legislation needed?
Prior to 2003, access across the Scottish hills and countryside was primarily enjoyed on the basis of custom and tradition. There were a number of recorded rights of way but without strong legal protections many had been lost to development or encroachment. However, this traditional access was facing threats from obstructions and also from new landowners not recognising traditions of access on their estates and land holdings. It was increasingly recognised that the best way to resolve these issues was to establish a statutory right of access with a framework to manage access at a local level.

The access framework

  • Access rights: the legislation creates a right of access to most land and inland water for recreation, for passage and for relevant educational or commercial purposes, for all non-motorised users (unless using a vehicle adapted for a disability). Access rights only apply if they are used responsibly. There are a number of exceptions to where access rights apply as set out in law, e.g., quarries, airfields, private gardens and the curtilage of buildings.
  • Duties and powers: there is a duty on all land managers to respect access rights in the way they manage land. Local authorities and national park authorities (termed “Access Authorities”) have a statutory duty, and powers, under the Act, to uphold access rights. There are a range of other measures too, including powers to create paths, to protect nature and to define areas where access rights do or don’t apply.
  • Scottish Outdoor Access Code (SOAC/’the Code’): people only have access rights if they act in a responsible way. Guidance on responsibilities for both the public and land managers is set out in SOAC. This was drawn up by the NAF, approved by Parliament in February 2005.
  • Local Access Forums (LAFs): the Act gave all Access Authorities a duty to establish LAFs in their areas. The LAF’s role is to advise the authorities and others on the implementation and upholding of access rights. They are made up of volunteers to represent recreation, land management and community interests.
  • Core paths: it was recognised that paths are important both for facilitating access and for helping land managers to manage access on their land. The legislation required all access authorities to draw up a framework of the most important paths in their area. There are 21,000km of core paths across Scotland and all Access Authorities have a Core Paths Plan.

Challenges and opportunities for public access
In 2014 the Scottish Government’s Land Reform Review Group (LRRG) reported that the Act was working well, although there were ongoing concerns on various issues. These included difficulties in dispute resolution, uncontrolled dogs, blocked access, damage to land by mountain bikes or horses, concerns over camping, problems from commercial or intensive use of land and tensions between different recreation groups. The LRRG identified a lack of awareness and promotion of the Code as a key factor, and a lack of resources to carry out that educational work.

Many of these fundamental issues remain today. Yet there is also an increasing recognition of the value of getting outdoors and spending time in nature, whether in local parks and greenspaces or our more remote wild places. This value was especially recognised during the Covid pandemic. Such visits can help to address a range of Government priorities related to public health, as well as improving our connection with nature. Given the ongoing biodiversity crisis, it is particularly important that people learn the value of nature – and this is best achieved by experiencing it personally.

The NAF would like to make the following recommendations:

  1. Support for access management – Access Officers have a key role within access authorities. They are the first point of call for anyone who has an access issue and they support both the public and land managers. They make strategic plans for recreation in their area, often including active travel and visitor management measures, and they maintain the local path network. However, the number of Access Officers dropped from 67.6 FTE in 2006 to 50 in 2016, according to government monitoring. We estimate the number in 2023 is now around 35 across Scotland. Funding for access comes to local authorities through the government’s annual financial settlement, and the overall figure for all authorities collectively has remained at £8.1m since at least 2008. However, there is growing evidence that even this allocation is not being fully spent by local authorities on access. The lack of specialist officers is undermining confidence in and understanding of the legislation, and even where Access Officers remain in post many have no budgets to act effectively. In a growing number of authorities there is no longer an Access Officer, or anyone with equivalent skills and responsibilities, in post. Many issues are left unresolved and infrastructure such as paths, signage and online resources are not maintained while the statutory LAFs are unsupported or even disbanded altogether. Given the importance to health and wellbeing of people getting active outdoors, together with the significant contribution access makes to the rural economy, the NAF strongly urges MSPs to support access in their own local authorities. This can be done, for example, by finding out the status of your Local Access Forum, whether there is an Access Officer and what their budget is, how many access issues have been recorded and dealt with this year, and how many are outstanding.
  1. Support for visitor management – the value of investing in visitor infrastructure and in ranger services was highlighted after the Covid lockdown ended and many people headed to the countryside. This was a great opportunity to engage the public and educate them about responsible behaviour in the outdoors. But there is no doubt that problems relating to irresponsible behaviour ensued due to lack of management, particularly in 2020. Since then, the government has funded seasonal ranger services through the Better Places Fund. Evidence has shown that having ‘boots on the ground’ has fundamentally transformed the situation for visitors as well as for local communities and land managers. The value of countryside rangers was highlighted in the national policy statement on Rangering in 2021. While this Better Places funding is very welcome, it remains an annual discretionary grant and is not investing in the skills and long-term viability of the ranger services. The NAF believes that adequate visitor management funding should be guaranteed on a permanent basis, through a specific allocation to NatureScot.
  1. Promotion of SOAC – NatureScot has a duty to promote the Code and also to keep it under review. The NAF has a key role in this process. The NAF regularly responds to emerging issues or identifies areas of national concern where further guidance is required. This has most recently included providing guidance on managing access in areas of wildlife sensitivity and looking at the interface between outdoor access and roads legislation. Some members of the NAF have called for a formal review and updating of the Code to include factors that were not present or considered in 2005, although this is a matter for Scottish Ministers. However, the NAF is concerned that promotion of the Code, and the funding to facilitate this, needs to be increased as the understanding and awareness of responsibilities – both for the public and for those managing land – is crucial in the way access works in Scotland. The NAF calls for ongoing and increased investment in communications relating to responsible access through promotion of the Code to ensure that it remains fit for purpose in the 2020s and beyond.
  1. Access as a fundamental element of land use and management – since the introduction of the wide-ranging public access rights in 2003, landowners and occupiers have recognised that the management of public access is an integral part of managing land in Scotland. However, this brings inherent challenges and costs as well as benefits. With this in mind, the NAF would strongly welcome explicit integration of access management within the forthcoming Land Reform and Agriculture bills.

The NAF would like to see:

  • a reference to landowner duties and responsibilities relating to Scottish outdoor access rights set out in the forthcoming land reform legislation, together with the obligations of access users to exercise these rights responsibly. This is inherent within the Land Rights and Responsibilities Statement.
  • inclusion of funding for public access management and infrastructure within future agricultural payment programmes. Land managers need to be supported to provide for local food, enhanced biodiversity, tackling climate change and also to expand and maintain public outdoor access for the benefit of both the public and the land managers.

In conclusion, Scotland’s access rights are highly valued by the public and widely seen as a major achievement of the first session of the new Scottish Parliament in 2003. However, to ensure their continued success, there must be rejuvenated commitment and ongoing investment to support the implementation, promotion and upholding of these rights and responsibilities. This needs to go alongside a recognition of the intrinsic importance of public access in all forms of land use and management activities across Scotland in both urban and rural areas.

The NAF hopes this briefing is useful to MSPs. NAF members would be happy to meet MSPs to discuss the work of the NAF and the matters outlined above and would welcome approaches to host site visits for MSPs to experience outdoor access on the ground.

*The National Access Forum (NAF) advises on matters relating to Scottish access rights and includes a broad range of recreation, land management and public bodies, along with other relevant interests. The Forum has 25 full members and 68 corresponding members, with the Scottish Government attending as an observer, and is chaired by an independent elected Convenor.

​​​​​​​Please note that public sector members of the NAF have not contributed to the development of the contents of this briefing.

​​​​​​​Contact: Ali Tait, NatureScot [email protected]

Confirmed Minutes - 60th Meeting

Hybrid meeting: 7 June 2023

Present:

 

Representatives

Organisation

1

Don Milton

Convenor - National Access Forum  (NAF)

2

Ali Tait

Secretary - National Access Forum  (NAF)

3

Frank Spencer-Nairn

Association of Deer Management Groups (ADMG)

4

Linzi Seivwright*

ADMG

5

Peter Clark

British Association for Shooting and Conservation (BASC)

6

Helene Mauchlen

British Horse Society Scotland (BHSS)

7

Colin Mair

National Farmers’ Union of Scotland (NFUS)

8

Stephen Jenkinson

Kennel Club / Scottish Kennel Club (KC/SKC)

9

Stephan Hennig

ScotWays

10

Nick Cole

Local Access Forum (LAFs)

11

Davie Black

Mountaineering Scotland (MS)

12

Grant Dolier

Canoe Scotland

13

Stephen Young

Scottish Land and Estates (SLE)

14

Alan Macpherson

NatureScot (NS)

15

Graeme McLean

Scottish Cycling

16

Sue Hilder

Loch Lomond and the Trossachs National Park Authority (LLTNPA)

17

Paul Timms

Cycling UK (Scotland)

18

Const. Graeme Scott

Police Scotland (PS)

19

Helen Todd

Ramblers Scotland (RS)

20

Hugh McNish

Scottish Forestry (SF)

21

Malcolm Duce

Scottish Government (SG)

* in attendance as additional representatives or guests

Item 1 – Welcome, introductions and apologies

  1. The Convenor opened the hybrid meeting, welcoming everyone to the Forum. He particularly welcomed Linzi Seivwright who attended alongside Frank Spencer-Nairn for ADMG and Stephen Young as SLE’s representative at this meeting in place of Simon Ovenden.

Apologies: Roy Barlow (Woodland Trust), Adam Streeter-Smith (Cairngorms National Park Authority), Eileen Stuart (NS), Tom Turnbull (ADMG), Simon Ovenden (SLE), Rona Gibb (Paths for All), Carol Ritchie (Wild Scotland), Bob Frost (SF), Andrew Hopetoun (Historic Houses Association Scotland).

Convenor’s report: 

  1. The Convenor reported that he had attended a meeting of the National Forestry Stakeholder Group in March, and was pleased to see that access was part of the agenda on Community Engagement. He has also responded to an e-mail raising an issue that Scottish Fire and Rescue Service (SFRS) had incorrectly cited the Countryside Code in their messaging about the wildfire at Cannich, which has since been corrected using SOAC as the citation. Ali Tait has also passed this feedback to the Visitor Management Operational Group of which SFRS is a member.

Item 2 – Minutes of previous meetings, action points and matters arising

  1. Minutes: the unconfirmed minutes of 8th Feb 2023, previously circulated, were approved with no amendments.
     
  2. Action points:

AP 56/5: - NatureScot to investigate the legal position on liability for third party promotion of paths. On-going: Feb 2023 update: Bridget Jones confirms NatureScot has prepared a draft brief and will be seeking legal advice, using our legal advisors, with a response anticipated by early spring. May 2023 update: No progress on action point, carry forward.

AP 59/1: Members to consult with their organisations/representative areas to seek views on the use of the phrase “access-takers”, whether the NAF should provide guidance, confirm suggested or propose better terminology and to send comments or proposed new terminology to NAFsec before the June meeting – Discharged, see agenda item 8

AP 59/2: Resources for access sub-group to progress and co-ordinate work on the agreed actions that seek to increase awareness of the value of Scotland’s outdoors for public access and recreation and promote the case for funding to maximise this potential – Discharged, see agenda item 5

AP 59/3: The NAF/LAF event planning group to plan the spring virtual meeting and circulate details to LAF Chairs, Local Authority Access teams, and full NAF members as soon as possible - Discharged

Item 3 - Forestry planning process 

  1. Hugh McNish (SF) updated the Forum on the progress of the United Kingdom Forestry Standard (UKFS) and Forestry Grant Scheme consultations. Both have now closed; analysis is underway and the updated UKFS will hopefully be launched in summer 2023. SF will use the launch of the UKFS to re-invigorate training for Woodland Officers, including in relation to access.
     
  2. Colin Mair gave some examples of access issues with new plantations, specifically in South Ayrshire. It was raised by Forum members that consultation with LAFs and Access Officers is needed at the planning stage. Nick Cole raised a query about whether it would be possible to make LAF consultation a statutory requirement. However, it was recognised that some LAFs are non-operational or have limited capacity to respond, as well as Access Officers also facing difficulties with capacity and some Access Authorities having vacancies in their access teams.
     
  3. Hugh responded that establishing good lines of communication will be included in the reinvigorated SF training, and the Convenor also noted he was pleased to see reference to the Land Reform (Scotland) Act 2003 included in the UKFS earlier draft. SF will update the forum again in September. It was also noted by Hugh that consideration has been given to the differences between the four devolved nations.
     
  4. Steve Jenkinson also highlighted that Strava data could be a useful tool for Woodland Officers to identify popular routes used by access-users.

AP 60/1: Members to identify and highlight any areas of woodland planning process where there are issues pertaining to access.

Item 4 - Upland deer management and access

  1. Frank Spencer-Nairn (ADMG) updated the Forum on the progress of the sub-group, which has identified three main topics: key periods, hotspots and commercial operators. The main focus, so far, has been on key periods. As there has been no representation on the group from the commercial operator sector, only limited discussions have been had on this topic to-date. Frank was pleased to report that the sub-group has been working well and highlighted the relevance of the work being done by the Resources for Access sub-group to this issue.
     
  2. ADMG initially presented a paper to the forum in June 2022, outlining issues around access and deer management. Subsequently, the Upland Deer Management and Access sub-group was put together, has agreed terms of reference and met twice since.
     
  3. Alan Macpherson (NS) presented a paper covering messaging about deer stalking and access aimed at access-users. The paper focusses on key periods and has four aims:
  • Improve general public awareness and understanding of stalking activity
  • Raise awareness that reducing red deer numbers significantly in the uplands is essential to address nature loss and meet climate targets
  • Encourage increased use of the Heading for the Scottish Hills (HFTSH) website, and other information sources used by hill goers and deer managers
  • Encourage hill goers to take greater steps to avoid disturbance during two short key periods at the end of the stag and hind seasons.
  1. The messaging in the paper will be used to guide consistent messaging across a range of media. Subject to feedback, the sub-group was seeking approval from the NAF to use this messaging for the start of the 2023 stag season (1st July).
     
  2. Alan noted that an extension of HFTSH to include the hind season (October 21st - February 15th) would be necessary. He also highlighted potential upcoming changes to the stag season; no closed season. This would require minor changes to the proposed messaging. It was agreed that any such changes would be drafted by the sub-group and approved by the Convenor.
     
  3. Steve Jenkinson reported that he was happy to endorse the paper, and gave a few suggestions. He highlighted that pared-down messaging can be the most effective with difficult to reach audiences; focusing on “where can I go?” and “what can I do?” He also highlighted some issues with HFTSH, particularly a lack of estate boundaries. This was echoed by Linzi Seivwright, who asked whether the site could be altered to have more of a map functionality. Alan reported that a map approach has been used previously but it was very resource intensive. To Steve’s point, he responded that the messaging will most likely be used in bite-sized chunks e.g. on the SOAC website, HFTSH, social media.
     
  4. Frank asked whether there was a way to make it easier for estates to update HFTSH. He also provided some information about the way in which a year-round stag season may not change the operations of some estates. According to ADMG, roughly 50% of estates are “hind forests” - they only have stags on them during the rut which means they are fairly limited to the rut to achieve their stag cull targets.
     

  5. There was discussion about rangers being a potentially better source of information for access-users regarding deer management than land managers. However it was recognised that ranger numbers are relatively low. Nick also mentioned issues with commercial operators who aren’t accredited/qualified not providing information about deer management or building good relationships with land-owners. Linzi noted that some ADMG members are feeling frustrated that the spirit of responsible access isn’t always present in access-users.

  6. Members were pleased overall with the guidance and happy to endorse it for use beginning with the 2023 stag season, noting that minor changes may need to be made in line with potential changes to the stag season.

  7. Hotspots: The Convenor raised that the NAF does not have the remit or capacity to look at individual hotspot cases or commercial activity, but wondered if there was a need to broaden the approach to these issues other than purely deer management. He also reminded members of the previous messaging on SOAC comms provided by Cat Synnot (NS) at the Feb meeting of the NAF. He thanked members of the sub-group for their work and asked NAF members to identify where hotspots and commercial operator activity, other than pure deer management, had national implications that might benefit from review by a broader based sub-group than created for deer management.

AP 60/2: NAF members to help in disseminating upland deer management and access messaging to their members/audiences, especially those within the commercial, recreation and land management sectors.

AP 60/3: ADMG to ask members about the possibility of extending HFTSH to include the hind season, and to encourage increased engagement with HFTSH by its members.

AP 60/4: Members to identify where there are hotspots relating not only to deer management and access, which have issues with national implications and/or relating to commercial operators.

Item 5 - Resources for access

  1. Helen Todd (Ramblers Scotland) updated the Forum on the activity of the Resources for Access sub-group. Thanks were given to those Forum members who have already used the 20th anniversary year of the LR(S)A to highlight access successes/issues, and members were asked to continue doing so.  At the last meeting of the sub-group, there was discussion of producing a longer paper on the state of access. This would require funding and as yet this has not been identified; NatureScot cannot provide it. The sub-group has responded to two consultations on behalf of the NAF; the Land Reform Bill and the Agriculture Bill.
     
  2. A briefing paper for Ministers and MSPs was presented for approval. Overall, members were happy with the paper, with a few edits to be discussed with specific members. These will be addressed with the members, with the aim of the paper being ready to send to Ministers/MSPs before the end of June (summer recess).
     
  3. There was discussion about whether some members of the Forum that are public bodies may need to recuse themselves from the briefing paper. Nick Cole drew a comparison between LAFs advising access authorities generally, not just access departments. Malcolm Duce also said he didn’t see an issue with the NAF corresponding directly with Ministers/MSPs as NAF has previously written to Scottish ministers/government to advise e.g. guidance on roads.
     
  4. There has also been discussion about inviting Mairi Gougeon, Cabinet Secretary for Rural Affairs, Land Reform and Islands, to meet a small group of NAF members and discuss access issues. Ideas include meeting somewhere in or near north Angus (the CabSec’s constituency), perhaps hosted by SLE. The Convenor highlighted that if inviting the CabSec then similar issue of public bodies having to recuse themselves might arise.
     
  5. It was agreed that before the invitation is sent out, consideration should be given as to what issues the NAF wants to highlight. Malcolm also gave advice that Friday is constituency day, so there is a better chance of getting time in CabSec schedule. Frank said he would like rangers to be highlighted. Paul Timms commented that this briefing could also be used for a wider audience e.g. councillors and potentially MPs (with some adjustments made). 

Item 6 - NAF/LAF feedback

  1. The Convenor provided post-meeting feedback from the NAF/LAF meeting in April 2023. Feedback from the event attendees was low, but indicated that the meeting was generally appreciated. The virtual format worked well, allowing those with demanding schedules or facing geographical barriers to attend. Break-out rooms worked well technically, however it was felt they could have been longer to allow for more in-depth discussions.
     
  2. There was also little time at the end of the meeting to answer questions that had been submitted by attendees pre-meeting. Therefore, it was discussed that a document be prepared with high level answers to these questions; many of the questions were on the same topics and can be grouped. There was little demand for a meeting in the autumn and the next meeting will be in spring 2024.
     
  3. There was a following discussion about the difficulties faced by LAFs (mainly Access Officers facing a lack of capacity, Access Authorities not having sufficient understanding of access issues and their role in addressing them or the Access Officer role being vacant) and in identifying LAFs that are no longer functioning. The Convenor highlighted the need to keep LAF issues in mind within the NAF. Frank highlighted it would be helpful to have a list of LAFs and Access Officers. A list of Access Officer contact details can be found on the SOAC website.

AP 60/5: NAFSec to produce a document with answers to NAF/LAF attendee questions, with help from the Convenor.

Item 7 - E-mountain bike study - update and next steps

  1. Graeme McLean gave an update on taking forward the recommendations of the research carried out on e-mountain bikes (e-MTBs). Evidence from the study highlights that e-MTBs can help address inequality in participation and get people into exercise/keep them exercising for longer. Cost was found to be the main barrier to participation.
     
  2. There are some issues around infrastructure and impacts; it would be useful to have a demonstration project. Of the devolved nations, it was found that Scotland has the best communications for e-MTBing, especially around access, but could still be improved. One improvement would be to make the comms more specific to e-MTBing. Developing Mountain Biking in Scotland (DMBinS) will be developing specific messaging for their website.

AP 60/6: Graeme McLean to inform NAF if he comes across any e-MTB issues that may require NAF attention and to update the NAF on progress as necessary.

Item 8 - Terminology

  1. The Convenor introduced this topic; the NAF had received feedback to express discontent with the term “access-taker” as it can be seen to have negative connotations, and a preference for the term “access-user”. Don noted that the LR(S)A and SOAC do not use the term “access-taker” or any term directly equivalent; SOAC does have a couple of references to “take access”. It was also noted that this is a linguistics issue taken by the NAF in an attempt to be an “honest broker” and does not fall under the remit of the NAF defined in the Operating Principles Aims and how the Forum will achieve these aims.
     
  2. Feedback gathered within the Forum indicated that the majority did not wish to have an extended debate, did not see this as core NAF business or felt that there was more relevant business for the NAF to cover in the limited time that is available in meetings.  At opposite ends of the spectrum there were those expressing support for “access-user” and those who were content with “access-taker”. In between, there were those with no strong feelings about use of either term and could live with both, or thought that the terminology should be associated with the context in which it is used.
     
  3. The NAF members noted the concerns expressed about terminology such as “access-taker" and were minded to avoid needlessly or inadvertently causing offence wherever possible, while noting there was no universally-agreed alternative form of words that were better to use in some, or all, contexts. It was also noted that there had been no suggestion that the wording under discussion was discriminatory or offensive in terms of statutory protected characteristics under the Equality Act 2010.
     
  4. Given the finite resources and more pressing challenges and opportunities facing the NAF as a whole and its members individually, there was thus majority agreement that the NAF should not dedicate any further time to discussing the matters of terminology recently raised. The NAF will use the term “access-user” in its publications, as agreed at the February 2023 NAF meeting.

Item 9 - Forthcoming meetings and agenda items

  • NAF meeting - Wednesday 20th September 2023 – Battleby
  • NAF meeting - Wednesday 7th February 2024 - TBC
  • Agenda item - Education groups and access - Matt Robinson (Learning through Landscapes and National Network for Outdoor Learning in Scotland) has had feedback from colleagues about some issues accessing spaces for education purposes.

Item 10 - A.O.B.

  1. Davie Black introduced a new campaign from Mountaineering Scotland and the Outdoor Access Trust - “It’s Up to Us” (www.savemountainpaths.scot). The aim of the campaign is to raise awareness of the need for investment in the repair and maintenance of informal upland paths. The campaign launched in May and has three aims:
  • Engage with stakeholders and government to develop a framework for funding for upland paths
  • Raise the profile of challenges faced in finding funding for path repair and maintenance, the need for further investment in this area and the social and economic benefits
  • Fundraising for path restoration projects, beginning with a project to raise £300,000 to address decades of erosion on An Teallach.

Close - The Convenor closed the meeting, thanking the Forum for their contributions.

Summary Action Points

AP 60/1: Members to identify and highlight any areas of woodland planning process where there are issues pertaining to access.

AP 60/2: NAF members to help in disseminating upland deer management and access messaging to their members/audiences, especially those within the commercial, recreation and land management sectors.

AP 60/3: ADMG to ask members about the possibility of extending HFTSH to include the hind season, and to encourage increased engagement with HFTSH by its members.

AP 60/4: Members to identify where there are hotspots relating not only to deer management and access, which have issues with national implications and/or relating to commercial operators.

AP 60/5: NAFSec to produce a document with answers to NAF/LAF attendee questions, with help from the Convenor.

AP 60/6: Graeme McLean to inform NAF if he comes across any e-MTB issues that may require NAF attention and to update the NAF on progress as necessary.

 

Post-Meeting Note: In an email (S Henning 19 Sep 23 19:12) ScotWays identified that they were disappointed that the discussion at the meeting concluded that semantics and terminology were now no longer considered an issue that the NAF ought to invest further time in and that ScotWays do not concur with this assessment, although are grateful that the NAF's position remains that the phrase "access taker" not be used when referring to a right. ScotWays' plea remains that NAF members and the secretariat remain vigilant and keep a watchful eye on the issue.

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