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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.