By Mark Mackay

THE RAMBLERS Association of Scotland has attacked Perth and Kinross Council for allowing multi-millionaire business woman Ann Gloag to fence off her Kinfauns Castle home.

The local authority was accused of negligence as it gave the move planning permission—after the highly visible structure was already in place.

Ramblers Scotland yesterday spoke out from the castle gates on the day of its annual conference, marking the first anniversary of the Land Reform Act.

Limited access was also granted to the property’s now-enclosed gardens to enable the association to highlight important trees and the potential for an extended path network.

However, Mrs Gloag’s legal representatives took exception to much of what was said, claiming the association was “mistaken” in its claim to access rights throughout the grounds.

The Stagecoach tycoon built a seven-foot security fence around the castle in the summer to create private family gardens and ensure her security.

Perth and Kinross Council granted retrospective approval following an investigation by access officers, which concluded “no rights of way or other well-used routes” were obstructed.

Access to the remainder of the 23-acre estate, containing two important path routes, remains unaffected.

However, Ramblers Scotland director Dave Morris said the council’s decision denied access to coast redwood, giant sequoia and swamp cypress trees in the grounds, including some of the best examples of conifer in the country.

He claimed the council placed too much emphasis on rights of way rather than the full range of statutory rights set out in the Land Reform Scotland Act.

He emphasised the need for public access to the “important trees without any hindrance.”

He continued, “I think it is extraordinary for the council to overlook their presence.

“In fact, I suspect they did not even know they existed at the time of their decision.”

Mr Morris castigated the council for denying ramblers and groups such as Scottish Natural Heritage the opportunity to take part in consultation.

He said if planning permission had been sought at the “correct time” then discussions might have taken place, ensuring a good compromise and access without obstruction.

However, he added he remains hopeful of future talks with Mrs Gloag, the council, Historic Scotland and Scottish Natural Heritage.

Ramblers Association chairman Chic Nash said yesterday was an opportunity to celebrate the first anniversary of the Land Reform Scotland Act.

He said, “Over the past century, people have campaigned vigorously for rights of access in this country.

“We must thank politicians for this enlightened piece of legislation, recreational users for their responsible use of the rights afforded them and land-owners.”

However, in a thinly veiled attack on Mrs Gloag, he added, “There are a few (landowners) who have attempted to circumvent legislation and it is in these situations that we must be most vigilant.

“The legislation must not be watered down.

“This is the best piece of access legislation in the whole of Europe and we must all be very proud of that.”

The Architectural Heritage Society of Scotland also criticised the “awful” fence.

The Perth and Kinross branch of the organisation objected to it at the end of last year.

Chairman Bill Beaton said, “The landscape at Kinfauns is extremely important and the photograph in yesterday’s Courier perfectly illustrates the impact this fence has.

“It really is an awful eyesore.”

The society’s objection to council planners read, “In our many years of experience we have never come across a country house of any architectural importance surrounded with a security fence and we do not understand how there can be any need for one.

“We wish to object to the proposed fence in the strongest terms.”

Looking on as members gave interviews, Mrs Gloag’s representative, solicitor advocate Peter Watson, disagreed with the association’s comments.

“Kinfauns Castle is now the permanent residence of Mrs Gloag and her family and, therefore, the legal status of the land immediately surrounding her home has changed and is no longer open to the public,” he said.

“Access to the remainder of the 23-acre estate is not affected and remains as it was when the castle operated as a hotel prior to 2004.

“Mrs Gloag’s rights to privacy and security are guaranteed under the Land Reform (Scotland) Act 2003 and the Scottish Outdoor Access Code.

“This new legal status and an assessment carried out by an internationally recognised firm of security consultants were the reasons for enclosing the small part of the gardens used by her family.”

Mr Watson added, “Even before the castle became a private home, there were no rights of access through the grounds.

“For some reason the Ramblers Association do not accept that. They are mistaken.”