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FEATURES<br />

As the role of the car increased and<br />

outdoor recreation continued to rise<br />

there was increasing demand for more<br />

countryside. In 1970 the Defence Lands<br />

Committee were appointed to review<br />

the holding of land in the UK for<br />

defence purposes, with a view to make<br />

recommendations to the Secretary of<br />

State for Defence as to what changes<br />

could be made to improve access for<br />

public recreation and amenity. The<br />

Nugent report was published. It is<br />

arguable that the content was ahead<br />

of its time.<br />

The new millennium brought<br />

legislation that potentially had<br />

serious implications for the MOD.<br />

The Countr yside and Rights of Way<br />

Act (CROW) 2000 offered greater<br />

freedom of public access on foot to<br />

mountain, moorland, heath and down<br />

in England and Wales.<br />

Extensive consultation between DIO,<br />

Countryside Agency, stakeholders and<br />

user groups, as well as effective use of<br />

CROW legislation ensured the MOD<br />

estate was protected accordingly.<br />

Areas of land, unsuitable for unfettered<br />

public access were excluded from<br />

designation. Work with Ordnance<br />

Survey saw the creation of a new<br />

mapping symbol informing people of<br />

where managed access was available,<br />

thus identifying military restrictions<br />

that may apply.<br />

As the CROW Act was rolling out the<br />

Lands Reform (Scotland) Act 2003<br />

was taking shape, fundamentally<br />

changing public access and recreation<br />

in Scotland. Under the new legislation<br />

each local and national park authority<br />

was given the duty to draw up a plan<br />

of core paths in their area - ‘core paths’<br />

form the basic framework of key local<br />

routes and are generally the most<br />

popular paths. Of greater significance<br />

was the granting of a public right<br />

to exercise responsible recreational<br />

access rights over most land and<br />

inland water in Scotland, at any time of<br />

day or night.<br />

inclusion of specific military lands<br />

guidance in the Scottish Outdoor<br />

Access Code, clearly defining MOD<br />

land as countryside that had to<br />

be treated differently. ART sought<br />

to protect sensitive locations by<br />

presenting the MOD’s interests in the<br />

Core Path Planning Process where<br />

regional Access Authorities sought<br />

to designate paths across MOD land.<br />

Public information panels were also<br />

designed for the Scottish Estate<br />

highlighting to visitors site byelaws,<br />

boundaries and marked trails.<br />

The passing of CROW and LR(S)A were<br />

catalysts for a ground breaking step<br />

by the MOD in 2006 and a resurfacing<br />

of those views voiced by the Nugent<br />

report of 1973. This was the adoption of<br />

a policy presumption in favour of public<br />

access wherever it is compatible with<br />

operational and military training uses,<br />

public safety, security, conservation and<br />

the interests of tenants.<br />

This was a commitment by the<br />

MOD to actively strike the balance<br />

between the two afore mentioned<br />

arguments. The military will fulfil its<br />

training objectives and in turn, where<br />

practicably possible, managed public<br />

access will be delivered.<br />

This policy adoption would come<br />

at a challenging time. Traditional<br />

pastimes such as walking and horse<br />

riding are ever present, but thank s<br />

to new technology the countr yside<br />

is witnessing a rapid rise in new and<br />

evolving activities. These include<br />

mountain biking and off-road<br />

driving, climbing and kayaking, and<br />

more recently, longboarding and<br />

Liaison between DIO and Scottish<br />

National Heritage ensured the<br />

Visitors to the training estate in Scotland can take advantage of the information panels to inform their visit © Crown<br />

Sanctuary 44 • 2015<br />

51

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