The Land Reform (Scotland) Act 2003 provides statutory access rights to most land and inland water in Scotland. Section 11 of the Act gives West Dunbartonshire Council the power to temporarily exempt areas of land or inland water from access rights within the Council area, outwith the Loch Lomond & The Trossachs National Park.
If you wish to temporarily restrict access to certain areas of land you will have to apply to the Council for an Exemption Order.
Reasons why Exemption Orders may be required
The main requirement for applying for an Exemption Order will be to exempt land from statutory access rights for outdoor events such as an agricultural show or a car rally in order to:
- Allow a charge to be made for admission to an event
- In the interests of safety and security
- Increase privacy for particular events
Not all outdoor events will require an Exemption Order. The Scottish Outdoor Access Code provides guidance for event organisers on how to ensure their event does not cause unreasonable interference with the rights and needs of land managers and other people, and on how to minimise any impact on the environment. Exemption Orders are only required if you believe people exercising their access rights will affect the event. A copy of the Scottish Outdoor Access Code can be obtained by contacting the West Dunbartonshire Council Access Officer on 01389 608407 access.officer@west-dunbarton.gov.uk
Exemption Orders will not be considered for the following activities:
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Land management reasons as the Act provides sufficient exclusions. Further guidance on the responsible exercise of access rights over agricultural land is provided in the Scottish Outdoor Access Code
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Large country houses or estates seeking an extensive exclusion for their whole estate well outwith any reasonable expectation of what is needed for privacy
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An area of land that is already subject to some management measure prohibiting or restricting access, e.g. where an existing byelaw is in place that deals with the issue
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Where a charge for admission is proposed and the charge is for entry only and not for an event
Types of applications
1. Applications for 5 days or less
If you would like to apply for an Exemption Order for 5 days or less, West Dunbartonshire Council can process the application.
You will need to apply to the Council at least 6 weeks before the event start date to allow the Council time to consider the request.
2. Applications for 6 days or more
If the application is for 6 days or more there is a requirement for the Council to undertake a formal public consultation process and to refer the application to the Scottish Government for approval if the application is approved by the Council.
You will need to apply to the Council at least 16 weeks before the start date to allow the Council to undertake the statutory processes.
Application Form
A copy of the Application Form to exempt land from access rights
A copy of the Guidance Notes .
These documents are also available from the West Dunbartonshire Council Access Officer.
Contact
If you would like to discuss your proposal with the West Dunbartonshire Council Access Officer before submitting an application, please telephone 01389 608407 or e-mail
access.officer@west-dunbarton.gov.uk
