National Access Forum - 11 June 2025

National Access Forum – 66th meeting on Wednesday 11th June 2025, 10:30 – 13:55

Hybrid meeting – In-person at Battleby and Virtual via MS Teams

1. Welcome, introductions and apologies – Richard Barron – 10:30 - 10:45
    
2. Minutes of previous meetings, action points and matters arising – Richard Barron – 10:45 – 10:55

AP 63/2: NatureScot reps to discuss format options with NatureScot CEO/Chair for input and agreement – discharged

AP 65/1: NAFSec to send summary of comms activity for SOAC anniversary out to NAF members when available – discharged, item 5

AP 65/2: Bridget to bring paper to next meeting, on signage/access management, to inform actions after that – discharged, item 9

AP 65/3: Bridget to contact Scottish Wildfires Forum to ensure fit with NAF/VMS guidance - discharged

AP 65/4: NatureScot to resume talks with Network Rail – discharged

AP 65/5: Richard Barron and Sue Hilder to draft letter to Fiona Hislop separately then send to sub-group – deferred

3. NatureScot Chair – Colin Galbraith – 10:55 – 11:15
    
4. Operating Principles – Ali Tait – 11:15 – 11:35
    
5. SOAC – 20 Years of Access Rights in 2025 – Rhiannon Law – 11:35 – 11:55

Comfort break – 11:55 – 12:05

6. SOAC Supporting Guidance Review Programme – Caroline Fyfe – 12:05 – 12:35
    
7. Orienteering and Wildlife Disturbance – Nikki Howard – 12:35 – 12:55
    
8. Irresponsible Behaviour – Richard Barron – 12:55 – 13:10
    
9. Resources for Access Update – Richard Barron – 13:10 – 13:20
    
10. Signage Paper – Bridget Jones – 13:20 – 13:35
     
11. Forthcoming Meetings and Agenda Items – 13:35 – 13:45

• NAF meeting - 17th September 2025 - Battleby
   

12. A.O.B. – 13:45 – 13:55

• NAF/LAF meeting 2025 – Ali Tait
• FMD – Bridget Jones
• SOAN – Bridget Jones
  • 20 years of access conference
  • Online access training
     

Close 13:55

Purpose

This paper considers the need for a review of the operating procedures of the NAF and suggests a number of key areas that may require review and updating. It asks the Forum for their views and advice on the next steps.

NAF Operating Principles - current version

Background

The Access Forum was originally established by NatureScot (SNH at the time) to advise the government and NatureScot on access rights as they were being debated and then legislated for in the Land Reform (Scotland) Act 2003. Following the Acts Royal Assent in 2003 the Forum’s purpose and structure was reviewed. A consultation exercise was undertaken and report prepared for consideration by the previous Forum. This resulted in agreement on the “new” National Access Forum’s general operating principles, membership and convenor election prior to the first meeting in 2004. 

The key focus for the “new” Forum was on the development of the Scottish Outdoor Access Code (approved in 2005) and its subsequent implementation through promotion and development of supporting guidance. In addition, it also developed a new role in advising on nationally significant matters arising from the implementation of the new rights and responsibilities in practice.

From the outset, the membership of the forum has comprised representatives of national membership-based organisations and relevant public bodies. The requirement for a balanced membership was seen as essential, representing interests from both the access/recreation and land management sectors. The membership always strived to reach consensus on key issues, but the Forum’s structure was devised in a way that would enable a vote to be taken if necessary.

In 2007 the operating principles were updated to introduce:

• the process for reviewing the membership  
• a 2-year term for the Convenor with review and option to extend for 2 more years

Since then, the Forum has regularly taken stock of its role, purpose and composition over the years, with the last review in 2014. Membership reviews have also taken place on a 4-year cycle alongside the Convener appointment process.

Areas of change

The membership has further evolved in subsequent years with agreement for new roles established for a National Park Authorities representative, a local authorities representative (previous role was a COSLA rep), Local Access Forums representative, PoliceScotland and a Paths for All representative. At the same time, other organisations have stepped back from direct engagement such as SportScotland, Scottish Water and VisitScotland.

Since the last review levels and patterns of recreational use have changed, including growth in new recreational activities and development in others. Similarly, there have been changes, challenges and new opportunities relevant to access rights affecting agriculture, forestry, tourism, transport, health and energy sectors. From stand-up paddle boards and e-bikes to tackling diseases and impacts of a changing climate, the range of issues with links to access, recreation and the public’s use of the outdoors for multiple benefits has steadily increased in breadth and complexity. 

The public sector has also seen changes in organisational arrangements and policies and the urgent need to address the climate and nature crises. 

Local Access Forums and the 34 Access Authorities have been established in their statutory roles and 34 Core Path Plans are in place. However, during the last decade the number of Access officers has decreased in number. The number of active Local Access Forums does not cover all of Scotland.  

Communications have changed with the use of on-line meeting platforms, web-based information hubs, smart phones and database systems and applications all providing a variety of ways to communicate, meet and share information.

The issues arising for the Forum to consider has been very varied over the years, with some still unresolved and some topics re-surfacing. The Forum still has plenty to advise on and an important role to play as national advisors on outdoor access.

Key areas for a review and update to focus on

Purpose of the Forum

To reflect on the Forum’s status, role and aims and its contribution to NatureScot’s role as advisor to Scottish Government.

Forum Membership 

To consider the need for changes to member groupings/sectors, selection processes, representation, roles, appointment processes, terms, attendance, corresponding member roles, training/support etc.

Wider interests  

To consider how the Forum best stays informed and engages with and facilitates communication with others interested in its work, including the corresponding members list and others such as:

• Local Access Forums
• Local authorities
• Individuals
• Community groups
• SOAN/SCRA/SORA/LINK
• Other organisations/interest groups

Operation of the Forum

To consider changes to governance and administrative arrangements:

• Convenor nomination process
• Forum meetings: face-to-face, hybrid on-line meetings provision, frequency, location
• Agenda items – how to raise items and agreement process for items/papers
• NAF approval process for SOAC supporting guidance/materials
• Communications – new methods, audiences etc
• NAF’s role in representation/ campaigning
• NatureScot’s secretariat role

Recommendation

NatureScot is recommending that the Operating Principles are reviewed and updated during 2025 and to assist this has highlighted the key areas that we consider require consideration for updating or improvement.

The Forum is asked to consider:

1. Are the current Operating Principles fit for purpose?
2. What key areas or aspects should any review and update focus on?
3. Are they areas or aspects that can be omitted from review?
4. How would the Forum like to be involved in helping NatureScot update the Operating Principles?

NatureScot
June 2025
 

Orienteering is an outdoor adventure sport that exercises mind and body. The aim is to navigate between checkpoints or controls marked on a special orienteering map. There is no set route so the skill and fun come from trying to find the best way to go! In competitive orienteering, the challenge is to complete the course in the quickest time but our sport encourages all levels of fitness and experience.

Orienteering can take place anywhere from the streets of Central London to the wilds of the Scottish Highlands and everywhere in between including forests, parks, moorland, town centres, school playgrounds, and university campuses. 

Unlike a road race, there is no mass start. All competitors have their own start time and you can go individually or in a very small group. The checkpoints must be visited in numerical order and each competitor chooses their own route between controls. 

Orienteering is an “off-track” activity though this has to be qualified with the statement that the least technical courses (primarily aimed at juniors and beginners) are mainly along tracks. For other competitors the presence of tracks in an area may offer the best route choice option (faster movement over the ground). The exception to the off track statement is mountain bike orienteering which has been adopted by a small section of our membership and this is a solely on track activity with participants visiting controls but only via marked tracks. 

Whilst orienteering can take place in any environment the challenge comes from areas which provide sufficient navigational challenges and terrain diversity. 

Planners of courses work with environmental restrictions to plan courses which avoid sensitive areas and guidance has been prepared for planners on working with landowners so they are fully aware of wildlife and environmental issues. Planners use techniques such as location of controls to encourage avoidance of sensitive areas, dispersal of competitors in space, time and low competitor density to reduce environmental impact. The Scottish Orienteering Association (SOA) has published guidance for planners. 

The UK Sport Governing Body, British Orienteering Federation, commissioned an habitat impact assessment in the Lake District in 2023 in connection with an foot orienteering event at High Dam, Windermere involving over 2000 competitors taking part on land which encompassed Yewbarrow Woods Special Area of Conservation (SAC) and Site of Special Scientific Interest (SSSI). Evidence of ground disturbance from the Orienteering Event was assessed as not significant and there was No evidence of desire lines or ground trampling was recorded within Yewbarrow Wood SAC and SSSI. Previous reports have investigated the impact of the sport on ground nesting birds and indicated that the sport itself did not impact on the successful breeding (eg. Parker, B.H., 2009. The effect of an Orienteering Event on Breeding Wheatear Oenanthe oenanthe at Titterstone Clee, Shropshire, UK. Scientific Journal of Orienteering, 17(1).) 

Our clubs work with local landowners, wildlife groups and others to ensure habitats are protected such as the lichen beds found in Culbin and around Findhorn. 

However, recently our access officer was contacted by one of our clubs in relation to an event taking place in the Trossachs on Forestry Land Scotland ground where they had received a blanket no to orienteering within ground nesting bird season due to impact on breeding birds and mammals. It was acknowledged by the club that this included a SSSI area but it is a SSSI listed for its oak woodland with no linkage to wildlife. The event was anticipating approximately 300 people attending. 

The perception within the orienteering community is one that landowners are using bird or wildlife concerns as a reason to refuse reasonable requests for access. Discussions about use of areas historically used for orienteering which include a SAC or SSSI have seen clubs indicating that they believed that any SAC or SSSI would by most landowners be seen as a reason to exclude any access no matter what the reason for designation. This was experienced when discussing orienteering events around Rannoch - the perception within FLS was that if the site had a designation of any kind then no permission would ever be granted. 

As a result we canvassed our clubs for their experiences when requesting permissions for events. We received responses from clubs across the range of the country which provided the following:- 

In the Pentlands landowners have been refusing permissions for events quoting “loss of wildlife, biodiversity and ecology as well as ground nesting birds”. 

One club reported that at Drumnadrochit they were not permitted to use an area due to Birds of Prey in an area used by the public and where controls could have been located away from any indicated areas. 

Another club reported that they have had refusals due to badgers being located in a woodland and huge exclusion zones for juniper trees located in areas where farm animals are grazing. 

Another club around Edinburgh reported that the Local Council has a blanket policy of anything off path during ground nesting bird season in any location but much to the consternation of the local club - golf clubs are still permitted to operate in the areas where access is restricted.

Such an approach was also reported by a club based around Aberdeen where they were unable to leave paths at Forvie initially this was restricted to ground nesting bird season but now this has been extended to all year. These areas are used widely by the public but they are hopeful that connecting with the local personnel may allow this to be reviewed back to just ground nesting bird season. 

One of clubs in the South West of Scotland indicated that they had been experiencing refusal of permission due to ground nesting birds but these refusals were extending to the potential use of an area by pine martens in the future. 

The sport has worked with Cairngorm National Park, Scottish Capercaillie Group and FLS to educate orienteers and ensure clubs support and observe capercaillie breeding season restrictions but local clubs report that outwith these restrictions they have seen even small events which take place only using paths which are open to the public refused (this related to mountain bike orienteering). 

We are aware that there is work to be done in terms of educating landowners about the low impact of our sport and helping clubs to communicate this information. We are working with clubs who report back the pressure landowners are feeling due to the increased access pressure developed post covid has not helped and we are aware of the increased commercial pressure being felt by landowners. 

As a sport we operate on an almost solely volunteer basis with a staff team of 6 with any money raised by clubs and the SOA being put directly into developing the sport and encouraging increased participation. Our events are not run under the outdoor access code but rather permissions are sought and landowners engaged with as they require equipment to be placed on the ground. Clubs are encouraged to ask permission even for training events where no equipment is being placed on the ground to ensure there are no conflicts with other land use. The restriction on permissions for some clubs means they are struggling to have sufficient areas to sustain the sport and developing participants to travel and extend their experience beyond simple park areas is more challenging within ground nesting bird season. 

The commissioning of further environmental impact assessments are being considered but maintaining knowledge of the sport can be hard with the staff turnover/ reduction in public bodies meaning that any established knowledge of the sport is often lost. 

The query raised is whether other access bodies are experiencing restrictions on access to areas due to wildlife/ environmental concerns.

Scottish Orienteering