'Victory for common sense' as appeal judges reverse horse ruling

Published on Tuesday 21 April 2009 22:08

A COUPLE at the centre of a landmark access case claimed a "victory for common sense" last night after appeal judges overturned a sheriff's ruling.

Graham and Margot Tuley, who have spent four years and "tens of thousands" of pounds fighting the case, say it will have implications across Scotland.

In a test case for access legislation, the Tuleys raised a civil action at Dingwall Sheriff Court in 2007 under the Land Reform (Scotland) Act 2003.

They were appealing against a Highland Council notice two years earlier to remove padlocked barriers on a path in Feddanhill Wood in the Black Isle, preventing use by horses.

Mr Tuley, a retired forester, and his wife bought the 35 acre-woodland from the Forestry Commission, and spent 13 years putting in paths and tracks for mountain bikers and walkers.

They also wanted to allow equestrian access to a different area of the wood, but the planned route was blocked by fallen trees.

The couple claimed that horses could damage a particular path and erected barriers at either end. The council disagreed and asked for the barriers to be removed.

Sheriff Alasdair MacFadyen later ruled the Tuleys acted prematurely in putting the barriers in place before any damage had occurred.

But his judgment has been overturned by appeal judges in the Court of Session. Lord Eassie, sitting with Lords Hardie and Mackay, said: "It was clear from ... the evidence ... that allowing horse traffic would in all probability produce damage.

"It follows, in our view, that the (couple] were acting responsibly in preventing equestrian access to the northern sector which they intended for the enjoyment of their pedestrian visitors ... what they were doing appears to be a responsible exercise of land management."

Mr Tuley said: "What (the judges] are saying is that it's sensible that by promoting access to woodland I should zone it so walkers go in one place, horse riders somewhere else and bikes somewhere else."

He added: "There is no problem when there is not a massive number of people taking access, but there is a problem when you have a lot of people of different interests all wanting to use the same piece of ground."

Highland Council said it was disappointed at the ruling.

RIGHT TO ROAM

RIGHT-to-roam legislation has had mixed fortunes. In 2006, property tycoon Kevin Doyle had an access case settled out of court. Last year, landowner Euan Snowie lost a bid to ban walkers from his estate, while in 2007 Ann Gloag was allowed to stop people entering parts of her estate in Perthshire.