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Unravelling Paths and Public Access

Under Part 1 of the Land Reform (Scotland) Act local authorities have until February 2008, to prepare a core path plan for their area. How should those involved in the management of rural areas react to the core path planning process? Guy Wedderburn has been the manager of Callendar Estate in Falkirk since 1992 and outlines the approach adopted by the Estate in negotiations with Falkirk Council.

Callendar Estate is typical of many rural properties close to our towns and cities with a lot of public access taking place on a largely informal basis bringing with it the usual problems associated with unmanaged access of petty vandalism, litter dropping, disturbance to stock as well as more significant problems of fly tipping and arson. With the emerging land reform legislation the Estate felt it was better to take a strategic approach to the development of access on its property. Working closely with Falkirk Council, a series of community consultation events took place to establish the needs of local people. The information gathered through this consultation process was then discussed with the various farm tenants, which enabled the Estate to respond proactively to the Council with proposals for a path network which met local needs but at the same time respected the concerns of the farming tenants and other Estate interests. Through this process a path network has emerged that makes the most of woodland tracks and generally avoids crossing open farmland when the potential for conflict is greatest.

Has this approach worked? At the start of the exercise there were fewer than 5 kilometres of recognised paths crossing the Estate. There are now 40 kilometres of managed paths mainly concentrated on the urban edge. Through proper design of entrance points and by routing paths away from sensitive farming areas the incidence of disturbance to farm stock has reduced whilst a service level agreement with Falkirk Council means that problems such as litter dropping are dealt with more speedily.

 

The serious problems of fly tipping and arson have also diminished significantly as the Estate has found that increased levels of legitimate use have acted as a deterrent to those intent on illegal activities. It would be wrong to suggest that all problems have been resolved however there is now a much better working relationship with Falkirk Council and a greater commitment on both sides to work towards solutions as and when problems arise.

Falkirk Council has welcomed this approach. Martin Nunn, the Council’s countryside access officer commented that “the working relationship that has developed between the Council and the Estate is excellent. It serves as a model for how land managers and local authorities can work together for the mutual benefit of all, integrating farm and woodland management with the responsible access needs of local communities and visitors.”

The Estate adopted a strategic approach to the development of access over its land, and whilst this may not be appropriate in every situation it does mean that the core path plan, as and when it emerges, will contain few surprises.



Guy Wedderburn BLE MRICS
Director

 
Capital Gains Tax - Sheep & Cattle Quota  

While there have been many articles in various publications concerning the tax treatment of the Single Farm Payment, it should not be overlooked that the former Livestock Quotas may still be of use to some clients from a Capital Gains Tax point of view.

Anyone who had purchased livestock quota (as opposed to having quota allocated at nil cost) can claim the cost of that quota as a loss for Capital Gains Tax purposes. This loss should be claimed in the 2005 Tax Return.

As an example, someone who had purchased £20,000 of livestock quota during the scheme years and was fortunate enough to have made a gain on a sale of shares earlier this

 

year could potentially save £8,000 in capital gains tax.

Even if there are no gains for the loss to be offset against this year, the loss can be carried forward for utilisation in future years.



David Robertson
Associate Director

 
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