Perth and Kinross Outdoor Access Forum Annual Report 2023-24
Perth and Kinross Council · 21 October 2024
Back to Economy and Infrastructure Committee — 21 October 2024 and its agenda
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PERTH AND KINROSS COUNCIL Economy & Infrastructure Committee 21 October 2024 PERTH AND KINROSS OUTDOOR ACCESS FORUM ANNUAL REPORT 2023-24 Report by Strategic Lead – Housing & Communities (Report No. 24/285) 1. PURPOSE 1.1 This report summarises the activities and progress of the Perth and Kinross Outdoor Access Forum over the last year and recommends the appointment of one new member to the Forum. 2. RECOMMENDATIONS 2.1 It is recommended that the Committee: • confirms the appointment of one new member for a period of four years • notes that the remaining members are retained in their appointments for at least a further year as set out in Appendix 1 • delegates to the Strategic Lead (Housing & Communities) the fulfilment of any casual vacancy arising in this period through recruitment by Forum members, as detailed within the Forum’s Terms of Reference • notes the contribution of two retiring members - thanking them for their service, the activities and progress of the Forum since November 2023, and the ongoing commitment to maximise effective partnership working to make the best of the exceptional landscapes, paths networks and access rights for all within Perth & Kinross. 3. STRUCTURE OF REPORT 3.1 This report is structured over the following sections: • Section 4: Background • Section 5: Proposals • Section 6: Conclusion • Appendices 4. BACKGROUND / MAIN ISSUES 4.1 This report follows on from the previous report (Report No. 23/293 refers) to the Environment, Infrastructure and Economic Development Committee on 1 November 2023. 4.2 Part 1 of the Land Reform (Scotland) Act 2003 requires local authorities to set up at least one local Access Forum and to appoint members to it. The Act
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states that the functions of a Forum are to advise the local authority and any other person or body consulting the forum on matters having to do with: • the exercise of access rights • the existence and delineation of rights of way • the drawing up and adoption of a plan for a system of core paths • the offer of assistance in disputes about access rights etc. 4.3 The Perth and Kinross Outdoor Access Forum (the Forum) was established in 2004 and their statutory role is as advisors to the Council and others on public access matters. Whilst the main service contact is with Community Greenspace, the Forum are able to work directly with other services covering legal, planning and infrastructure projects, on matters relevant to them. As such, occasionally there can be issues the Council may not be able to agree with the Forum on, or fully meet their expectations. Key topics the Forum have been advising the Council on over the last year include developments at Taymouth Castle, Gleneagles West, Bertha Park, Murrayshall Golf Driving Range, Blairgowrie West and the Cross Tay Link Road. 4.4 The Forum has capacity for sixteen members. Twelve members are voluntary and represent the interests of landowners/managers, the community and recreation equally. These members are elected at an open Forum meeting and their appointments confirmed by the Economy & Infrastructure Committee. The remaining members represent agencies and other bodies and are invited onto the Forum by the Council. The list of members and the prospective member is shown in Appendix 1. 4.5 Four ordinary meetings took place over the last year including the Annual General Meeting (AGM) and open meeting on 16 May 2024 at the North Inch Community Campus and online. In each group category, members stood down to vacate seats for the election but were re-elected to their positions. This is subject to the approval of the Environment, Infrastructure and Economic Development Committee: • In the Recreation Group, Anne Macintyre stood down and Colin Young was elected in her place. • No changes were made in the Communities Group, • No changes were made in the Land Manager’s Group, • In the Agencies and Other Bodies Group, Keith Robertson stood down. 4.6 Anne Macintyre has served on the Forum since 2019. Anne’s local knowledge of Kinross-shire, practical experience with the Portmoak Paths Group and contribution to the work of the Forestry Sub-Group was particularly valuable. 4.7 Keith Robertson was nominated by the Centre for Inclusive Living and served on the Forum since 2021. He brought a wealth of experience from the voluntary sector, expertise on equalities, and also contributed to the work of the obstructions and the forestry sub-groups.
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4.8 As it stands, the Forum is carrying a vacancy for a land manager and two vacancies for the Agencies and Other Bodies Group. Officers are working with the Forum to identify suitable replacements. The Forum will fill any casual vacancies which may arise as per their Terms of Reference 4.9 The Forum has a long established ‘Exemptions and Obstructions’ subgroup which met on four occasions to assist officers in Community Greenspace to prioritise and try to resolve 140 obstructions to public access in that period. They have also been involved in developing the prioritisation criteria and reviewing the process used for dealing with obstructions. In 2021 the Forum also established a subgroup to respond to consultations on forestry proposals. New forestry, associated deer fencing and timber operations can have significant impacts on public access. During 2023-24 the Forum responded to several such consultations and engaged positively both with the forestry companies and Scottish Forestry to achieve better outcomes. 4.10 In July 2024, the Scottish Government wrote to Perth & Kinross Council, directing the Council to review the Core Paths Plan in relation to private level crossings. The implications of this are currently being assessed and the Forum have been made aware of the letter as they may wish to be involved in the review, and because they would be a consultee on any consequential changes which might be made. 4.11 Since 2016, administrative support for the Forum was withdrawn by Corporate Services to meet savings targets then. Whilst the Community Greenspace Service has also seen significant savings and a restructuring over previous years, officers have done their best to cover areas such as provision of meeting venues, administrative support for those meetings, mileage and out of pocket expenses such as printing. With further reductions to Community Greenspace budgets over the last two years, this is significantly impacting on the time available for staff to focus on access issues, including upholding access rights, supporting 18 volunteer paths groups, taking forward key access projects and taking forward the Core Paths Plan review. 4.12 This is of increasing concern to the Forum and they are suggesting a budget of several thousands of pounds is required for them to cover mileage expenses and any administrative support the Council is unable to provide. There is no specific budget currently set for this so limited and reducing administrative support is provided by greenspace staff and expenses, where requested, are funded through the recently reduced Community Greenspace budget for supporting volunteers. Coincidentally, a national review of the role of Local Access Forums (LAFs) in the form of a draft Guide to Good Practice, is currently underway through NatureScot. Initial observations would be that the activities being suggested for LAFs will require substantially more resources to support them than are currently available. In the meantime, discussions will continue to be held with the Forum to try and agree a protocol on how to best to use Council officer and Forum volunteer time within the limited resources available.
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5. PROPOSALS 5.1 It is proposed that the appointment noted above and detailed Appendix 1 is confirmed and that any casual vacancy arising is filled by the Forum as detailed in its Terms of Reference. 5.2 It is also proposed to continue to seek ways to work with the Forum to maximise the effective use of our collective resources. This will include responding to the NatureScot draft Guide to Good Practice. 6. CONCLUSION 6.1 The Council’s Community Greenspace service manages the statutory functions in relation to the Land Reform (Scotland) Act 2003 and values the partnership relationship with the Forum and the advice it has to offer. There is a wide range of activities undertaken in relation to the management of core paths and access rights more generally. Opportunities to involve the Forum in these, with their agreement, will continue to be sought. This will help to make the best of the exceptional landscapes, paths networks and access rights for all within Perth & Kinross. Authors Name Designation Contact Details Dave Stubbs Andy Clegg Greenspace Coordinator – Communities Community Greenspace Manager (01738) 475000 EPLCommitteeReports@pkc.gov.uk Approved Name Designation Date Elaine Ritchie Strategic Lead (Housing & Communities) 7 October 2024 APPENDICES Appendix 1 – Candidate for Appointment to the Forum
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ANNEX 1. IMPLICATIONS, ASSESSMENTS, CONSULTATION AND COMMUNICATION Strategic Implications Yes / None Community Plan / Single Outcome Agreement Yes Corporate Plan Yes Resource Implications Financial No Workforce No Asset Management (land, property, IST) No Assessments Equality Impact Assessment Yes Strategic Environmental Assessment Yes Sustainability (community, economic, environmental) Yes Legal and Governance No Risk Yes Consultation Internal Yes External Yes Communication Communications Plan Yes 1. Strategic Implications Community Plan/Single Outcome Agreement 1.1 This report supports one of the priorities within the Community Plan 2022-27. (ii) Mental and physical wellbeing Corporate Plan 1.2 This report supports the objectives within the Corporate Plan 2022/23 to 2027/28:- (ii) People and businesses are increasingly able to prosper in a local economy which support low carbon ambitions and offers opportunities for all; (iii) People can achieve their best physical and mental health and have access to quality care and support when they need it; (iv) Communities are resilient and physically, digital and socially connected; (v) Perth and Kinross is a safe and vibrant place, mitigating the impact of climate and environmental change for this and future generations.
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2. Resource Implications Financial 2.1 There are no resource implications arising directly from the recommendations in this report. However, the level of financial support for Forum activities will reduce in line with budget savings. Workforce 2.2 The reduction in staff capacity will mean less support for the Forum and outdoor access activities more generally. Asset Management (land, property, IT) 2.3 There are no direct asset management issues with this report although the Forum is a key organisation in assisting the Council with the management of Core Paths and Rights of Way networks. 2.4 There are no information technology implications arising from this report. 3. Assessments 3.1 Under the Equality Act 2010, the Council is required to eliminate discrimination, advance equality of opportunity, and foster good relations between equality groups. Carrying out Equality Impact Assessments for plans and policies allows the Council to demonstrate that it is meeting these duties. The Equality Impact Assessment undertaken in relation to this report can be viewed clicking here. The proposals have been considered under the Corporate Equalities Impact Assessment process (EqIA) with the following outcome: (i) Assessed as not relevant for the purposes of EqIA Strategic Environmental Assessment 3.2 The Environmental Assessment (Scotland) Act 2005 places a duty on the Council to identify and assess the environmental consequences of its proposals. The proposals have been considered under the Act and no further action is required as it does not qualify as a PPS as defined by the Act and is therefore exempt. Sustainability 3.3 Under the provisions of the Local Government in Scotland Act 2003 the Council has to discharge its duties in a way which contributes to the achievement of sustainable development. Under the Climate Change (Scotland) Act 2009 the Council also has a duty relating to climate change and, in exercising its functions must act:
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• in the way best calculated to delivery of the Act’s emissions reduction targets; • in the way best calculated to deliver any statutory adaptation programmes; and • in a way that it considers most sustainable. 3.4 There are no direct impacts on sustainable development as a result of these proposals but securing the public access to the great outdoors contributes to the economic, social and environmental well-being of the area. Legal and Governance 3.5 There are no legal implications from this report. Risk 3.6 The reduction in resources available to support the Forum present a risk to the level of advice they may be able to provide. It is also becoming increasingly difficult for the Forum to recruit and retain volunteers. 4. Consultation Internal 4.1 The Strategic Lead for Legal and Governance has been consulted on the content of this report. External 4.2 The Perth and Kinross Outdoor Access Forum has been consulted on the proposals and in the preparation of the report. 5. Communication 5.1 There are established regular meetings and communications between the Council and Perth and Kinross Outdoor Access Forum. 2. BACKGROUND PAPERS 2.1 No background papers have been relied on in preparing the report, other than those committee reports already referenced within the main body of the report.