core path report for c036 quinish point circular, dervaig...page 5 of 22 5. alternative route/s...

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Core Path Report for C036

Quinish Point Circular, Dervaig

1. Proposed Core Path

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2. Summary of Representations Received Representation Respondent

Name Organisation/ Group

Objection Summery

Respondents proposed action

Respondent Ref No.

Objection withdrawn

Objection Bianca Jones

Privacy & Security / Health & Safety / Maintenance

Delete P189

Objection Samara Jones

Privacy & Security / Livestock / Condition / Farming Operations / Health & Safety / Wildlife & Conservation / None Use / Alternative Route Available / Car Parking / Maintenance / Condition / No Path / Out With Access Rights / Core Path Criteria Not Met

Delete P151 & E48

Objection Dan Miller Livestock / Farming Operations / Health & Safety

Delete P196

Support Frieda Bos About Argyll Walking Holidays

P166

Support Tony Charlesworth

P111

3. History of Access

i. Right of Way Status: None recorded

The Previous owners permitted access along the path and erected “Walkers Welcome”

signs and have written to the Council stating that the path has been used by the public

for over 30 years.

ii. Recorded Access Issue

When the current owners purchased the estate they tried to close it to the public and

have confronted members of the public. Since then a number of people have contacted

the Council stating they were denied access through the estate by signage, locked

gates and fencing. It is also understood that the current tenant farmer was convicted of

a Breach of the Peace following an incident involving dog walkers on the estate around

ten years ago. Following a site visit it was felt that although access rights would be

exercisable for the majority of the estate they would not be exercisable on the track

through the Home Farm.

iii. A small number of websites already promote this route i.e.

http://www.walkhighlands.co.uk/mull/quinish-point.shtml and

http://www.dailymile.com/routes/87492-walking-route-in-tobermory-gb

http://www.quinish.co.uk/

iv. Also in “West Coast Walks – Oban to Mallaig including Fort William and Mull” by Pamela

Clark Pub Kittiwake 2000 pp. 74 copied in Appendix IV

http://www.walkhighlands.co.uk/mull/quinish-point.shtml

http://www.dailymile.com/routes/87492-walking-route-in-tobermory-gb


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4. Site Visit

Looking northwest on the public road Looking north west towards entrance gate into

from Dervaig, (public road ends at Quinish Estate

this point)

Looking north towards the Home Farm Home Farm

Heading northwest along track past Looking southeast from location of previous

Home Farm picture

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Looking Southeast towards Home Farm Back of farm cottage has been screened of from

track

Quinish House from track Looking south towards Quinish House

from track

Looking towards Quinish House from track Standing Stones adjacent to the path

Path Signs near Mingary Quinish Point

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5. Alternative Route/s

Alternative 1: this is the Aspirational route shown on the map at the start of the report and does

not enter Quinish estate

Section passes through garden of Section on Forestry land is very wet and muddy

Mingary

Wet and muddy section of alternative route.

The alternative route proposed is Aspirational path A048 and would not enter land on Quinish

Estate. A048 was initially proposed to be part of a circular route from Dervaig that included

C036 however it is proposed as an Aspirational Path due to its poor condition. The worst part

of this route would need to be improved by the Forestry Commission who currently own this

area of forestry. A section of A048 passes through what appears to be a garden of the property

Mingary, the owners of which have not as yet been consulted, but might object.

This route does not pass the standing stones or the fort both of which are a Scheduled Ancient

Monuments, nor would it offer such an interesting and varied walk. The development of this

route might well encourage people to use the proposed Core Path to make a circular walk or

cycle.

If required to separate recreational users from farm operations in the farm yard it would be

possible to construct a short path around this area to the east of the existing track. However

this would probably not address the Objector’s concerns.

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6. Consultation with Objectors & Other Interested Parties

Objections raised cover numerous points including privacy issues for the houses at Home Farm

and Quinish House itself, health and safety concerns surrounding the farm and no facilities on

the route. There was also the suggestion of an alternative route via the proposed Aspirational

Route A048.

7. Access Officer’s Initial Comments

There were objections to the path on the following grounds, the Council’s response to each

follows;

Privacy – The proposed Core Path passes approximately 35 metres from Quinish House which

backs onto the track. It is no possible to see into any of the rooms from the track and the main

gardens are on the other side of the building.

There is a small holiday cottage at the end of the range of buildings in the farm yard which has

a small rear garden adjacent to the track. Again this is partially screened from passersby and

since the route is unlikely to be very busy the privacy of users is unlikely to be interrupted for

more than a few minutes at a time. In both locations the vegetation could be allowed to thicken

up establishing a hedge to screen these areas within a short period of time.

It was not apparent that any of the other buildings in the farm yard area were used as

residences and this was not drawn to our attention during the site visit.

Security - Although the tenant farmer claims that he has experienced occasional instances of

irresponsible behaviour, one involving a motor vehicle being driven along the track and a tractor

being used without the owner’s consent neither of these can be attributed to access takers. We

are not aware of any of these incidents being reported to the Access Team or the police. He

also claims that chickens had been killed by dogs in the yard however again no evidence was

produced. This issue could be addressed by erecting signs on the approach to the yard stating

that there are free range chickens in the yard and requesting that dog owners put their dogs on

a lead. The Access Legislation assumes that the majority of users will act responsibly and not

threaten the security of land managers or residents.

Gates - The Scottish Outdoor Access Code places a responsibility on access takers to leave

gates as they find them, several of the existing gates already have small bridle or kissing gates

alongside them to aid the user. The same code also places a duty on land managers to provide

gates in fences where appropriate for instance along the line of a path.

Health and Safety – Although the farmyard is used there will only be relatively short periods of

time when stock are being gathered or machinery is being operated when it could pose a risk to

users. This could be managed by providing advisory signage.

Core Path Criteria – I am satisfied that this path meets the criteria to be proposed as a Core

Path. It is a route which has been popular in the past and has been used for a period of thirty

or more years. There is evidence of the public expressing a desire to see this route in the Core

Paths Plan over a period of several years. It follows a well made estate track which is for the

most part well drained and easy to walk or cycle. A Core Path does not have to provide an off

road link between communities it can simply go to a popular place such as Quinish Point where

there are spectacular views and a Fossil Tree.

With the exception of the areas around the farmyard and Quinish House all of the land is within

public rights of access and the track merely provides and easier way of crossing the land.

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Although is passes through the farm yard at Quinish, an area that would be considered to be

outwith Access Rights, Core Paths can be designated in such an area. See Land Reform

(Scotland) Act 2003 Section 7 Provisions supplementing and qualifying section 6, Part (1)

Section 6 above does not prevent or restrict the exercise of access rights over any land which is

a core path.

Maintenance – There is no requirement on the Access Authority to maintain a Core Path

although the designation of a Core Path may in future make it easier for a land manager or

community group to attract grants to improve a path.

Livestock – The majority of proposed Core Paths on agricultural land pass through fields used

by livestock and in season for lambing or calving. There is standard advisory signage provided

by Scottish Natural Heritage to inform users and reinforce responsible behaviour, i.e. keep dogs

under control. The presence of livestock is not a reason for a Core Path not to be designated.

In any case much of the land outwith the area around the farmyard and the house is within

Access Rights and the public have a right of access. The designation of the path will make it

easier for the land manager to inform the public and provide advisory signs etc. Nothing in the

Scottish Outdoor Access Code suggests that bio security would be threatened by allowing

public access.

Vehicular Traffic – The designation of a Core Path will not affect private vehicular rights of

access for the owner or other residents. Although the access track to the farm and house is

narrow it is not unusually so and the blind corners would necessitate caution for all users

whether driving or walking, cycling or riding. A responsible user will be prepared to travel at an

appropriate speed and stop or give way to motorised users as appropriate.

Wet Sections of Path – The mapping has now been amended and the majority of the path is

delineated where there is a good track which is used by motor vehicles travelling to Mingary.

As with many core paths some sections are wet or have puddles but this should not stop the

Core Path from being designated.

No Path Present – The amendment of the mapping should have resolved this issue and the path has been surveyed using a hand held Global Positioning device to ensure accuracy. This takes the route away from areas that have been replanted and it now follows a formed track for the whole of its length across Quinish Estate. Parking, Toilets Etc – There is no requirement for parking or other facilities to be provided.

Suitability & Emergency Access – This is a track suitable for motor vehicles and whilst long is

not particularly demanding and a 4x4 could be driven as far as Mingary and probably further in

the event of an emergency. The lack of mobile phone reception is not relevant, the responsible

user will be prepared for this eventuality.

Wildlife – Neither Scottish Natural Heritage nor the Royal Society for the Protection of Birds

has raised any issue with the disturbance of wildlife. It is not anticipated that the expected level

of use will have a significant impact.

Damage to the Track – It is unlikely that walkers or cyclists would cause significant damage to

the track in comparison with cars and agricultural vehicles. Equestrian users could cause some

damage however this is likely to be less than the existing vehicular use.

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Summary

From the evidence available this appears to be a popular path and is promoted on a couple of

websites and in at least one guidebook. During the previous consultation it received 33

representations of support. The path is in good condition, starts in the centre of Dervaig, has

good views and offers access to items of historical and geological importance, there is a fossil

tree on the shore at Quinish Point. Signage could be used to help address some of the safety

and other issues raised around the Home farm. Quinish House itself has a clearly defined

fence that separates it from the track. All views from the track are of the rear of the property

and little can be seen of the house or its occupants. If there is a concern about privacy it would

be possible to plant a hedge or restock the woodland between Quinish house and the track.

Quinish Estate has a small number of Holiday Cottages whose users will in all likelihood spend

a considerable proportion of their time exercising their access rights on private land belonging

to other people in the area. Thus Quinish Estate will benefit indirectly from the provision of a

good Core Path Network on Mull and should be prepared to reciprocate. A Core Path

published on the Ordinance Survey Map might also help to promote the holiday cottages on the

estate.

It is my view there is continuing public support for this path and it should continue to be

proposed as a Core Path.

The following map shows a proposed amendment to the original mapping to address inaccurate

mapping of part of the route. It is believed that the entire path subject to amendment is on land

to which the public has a right of access. The owners of Mingary will be consulted if possible

on this change.

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Amended Map of C036 shown following existing track to Mingary

The proposed amendment to the northern section of C036 is shown in purple and green, this

amendment is due to incorrect original mapping. The red and black line shows the old geometry

that is proposed for deletion.

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8. Advice received from the Access Forum

9. Access Officer’s Final Recommendations

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10. Appendices

Appendix I. Copies of the representations received during the formal consultation

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Appendix II. Copies of relevant correspondence

Appendix III. Copies of responses additional consultations

Appendix IV. Additional supporting documents

Web Page promoting Holiday Cottages and walks on Quinish Estate http://www.quinish.co.uk/


core path report for c036 quinish point circular, dervaig...page 5 of 22 5. alternative route/s...

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