Back to HOMEPAGE Major problems with the Access Code
at a croft in Iona
It is time for the Access Code in Scotland
to be amended
Carol and Iain Dougall
Crofters: Ardionra, Isle of Iona, Argyll PA76 6SW
idougall@btinternet.com
Filed 04Feb10
©www.land-care.org.uk
Letter to Editor, www.land-care.org.uk
received by email 3rd February 2010
Dear Sir
Our croft is most of the north end of the island of Iona. We have sheep, cattle, hens and a pony. The problem is that Iona is a major tourist attraction, and our croft is the end of the road, and where the beaches are. So from March to October, and over the winter too, we have literally hundreds of people per day walking through our croft to get to the beaches, or just wandering around generally.
Ian and Carol's croft at the northern tip of Iona.
Large numbers of walkers go through the croft
To enlarge photo Click Here
(Photo©Carol Dougall)
This has always been so, and many people are no problem at all. But since the Access Code came into being, we have had increasing problems daily. Despite liaising with Argyll & Bute Council, the Access officer, the National Trust for Scotland (NTS) (they own the island), Scottish Natural Heritage (SNH), our MP, MSP, and the Crofters Commission (who don't answer letters), we are getting no help.
People let their dogs run free, our hens are killed, our sheep savaged (one prosecution last year), our fences damaged, our gates swung on, campers in our sand dunes (where the natural springs come out and where the animals drink), kites being flown over the sheep (they think they are birds of prey and run into the sea and drown - not often, but it happens.
People just leave their bikes on the ground or against the fences
with little respect for livestock
To enlarge photo Click Here
(Photo©carol Dougall)
Four years ago officials from the NTS and from SNH and an Access officer came out here to look at the site and see what they could do. The Access Officer simply said our sand dunes were perfect for mountain biking and why were we asking people to leave bikes at the gate? Fortunately the NTS and SNH men jumped to our support here. They all finally agreed to make a sign asking people to leave bikes in racks that they would provide, not to camp, and to keep dogs on leads.
Then they all promptly left their jobs, and whoever took over did nothing. So nothing happened, and we continued with our home made sign.
Last February the Council wrote saying our sign was not "code compliant" and we were breaking the law. Once again they all finally came out on 27 August 2009 - the Access Officer, a man from the Access Forum, another from NTS, his sidekick, and a man from SNH. They stormed all over the croft taking photos. The Access Officer said that because the eastern side of our main field wasn't fenced, it wasn't really a field and people could camp.
The croft's fences are frequently damaged
by the thoughtless actions of many of the visitors
To enlarge photo Click Here
(Photo©carol Dougall)
Now, in the Hebrides, crofters have since the dawn of time used the sea as a fence where appropriate, and the eastern side of our field is the sea. If we fence it, no-one will be able to get to the beach (so everyone will climb over a fence and wreck it). A fence would prevent the stock accessing the water springs. The next big winter tide would scour the fence out and dump it on the beach. We see this from marram grass reclamation fencing we have done with NTS help. We are told, if people want to walk through our field of cows, we should move the cows.
This is a 50 acre croft, there is nowhere else. It takes five minutes to walk from our gate to the beach. How is keeping your dog on a lead for five minutes going to ruin your holiday? And yet visiting dogs are allowed to ruin the lives of our animals, sometimes permanently.
All we are asking these "bodies" is for a sign with an official logo on - NTS, SNH, or the Council - asking people not to camp and to keep their dogs on leads. It doesn't seem much, but they are totally unwilling or unable because of the law. And yet the Access Code says that where there are particular problems, Councils can make a byelaw. Argyll & Bute have so far refused.
I've tried getting into the papers, I've been interviewed on You and Yours, the MP and MSP have forced people to liaise with us, but they then do nothing.
My husband can't round up our sheep with our own dogs because visiting dogs, theoretically "under close control", obviously get very excited and try to join in. Dogs that are well behaved in the town have never seen hens before, and their owners only find out that they are not well behaved after our hens have been chased all over the place, and every year at least 2-3 are savagely chewed, and most years at least one is killed.
We have to work full-time, and come home to feathers, bodies, gates opened so that our tups (rams) get in with the hoggs (young female sheep) - that kind of thing. And when I walk the dogs along the beach in the evening, I end up arguing with campers whose presence prevents our animals accessing the springs, and who dig into our fragile machair and dune land to bury their excrement. The next strong wind opens up this hole and tears away a strip of precious grazing.
Crofting grant refused
Now the Government has turned down our routine grant application which cost us £800 to apply for. The Scottish Agricultural College (SAC) write the application and we always get it. It gives us around £3000 a year to leave the hay until the end of August, so the corncrakes can hatch and fly away. We end up with rubbish hay/silage, but it is usually good enough and we need the money.
Half way through this year's grant process the man dealing with it queried our road-end sign with the SAC man who made the application for us. He said it was not "code compliant", so they couldn't process our claim.
The SAC man knew we'd been in touch with Malcolm Duce from the Scottish Parliament (I'd written to Alex Salmond) and all these other bodies, and were working with them to try to find a solution. This seemed to satisfy the officials, but they have nevertheless turned us down for the grant. They say it is because we mentioned bees, and no-one important has seen the bees. Well, I turfed a good half dozen out of the house last summer over several weeks, but apparently they are the wrong kind of bee.
We have also been trying to buy our croft from NTS for around a year, and are getting nowhere, even though we have the right to buy and several crofters here have done the same. We know that the law applies to us regardless of whether we are tenants of the land or owners (we own the houses).
It feels like we are being punished, but whether we are or not, we are left with a fifth season starting and no right to ask people to treat our land with respect.
Your website suggested that you are finding other land legislation very damaging, so I'm asking if you know of any other people who have the same kind of problems with the Access Code as we're having. If so could you put us in touch with them? Is there is anything you can suggest to help?
Our contact email address is
idougall46@btinternet.com
Yours sincerely
Carol Dougall (Mrs)
Iain Dougall
Ardionra, Isle of Iona
Further reading
Letter dated 22nd February 2007 from Carol Dougall to the Scottish Rural Property and Business Association (SRPBA) Click Here to Read
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