In message <[email hidden]>,
[email hidden] writes
Quoted message said:Chris Townsend said:In message <[email hidden]>,
[email hidden] writes
Quoted message said:On Fri, 1 Jun 2007 23:13:56 +0100, Chris Townsend
<[email hidden]> wrote:
>>>>You were using that presumption as part of your argument, which is
>>>>advocating it.
>>>
>>>Presuming and advocating are different. To presume something is not to
>>>advocate it.
>>
>>It is if it's used within an argument promoting or opposing something.
>
>It isn't and I wasn't promoting or opposing anything, simply stating
>what I presumed happened. I was not saying I was for or against what I
>presumed.
No. you were using a presumption to favout your argument.
How was I doing this (hint, I wasn't)?
Of course you were. A presumption is an interpretation of what might
happen based on your own thoughts. In this case making a
"presumption" on a personal bias to boost your argument when you had
no evidence to show that was the case. Therefore it was part of your
advocacy.
The presumption I made didn't in any way boost my argument. It doesn't
matter in the slightest whether my presumption was correct or not.
Quoted message said:
Quoted message said:
snip
Quoted message said:>
>True. But not everywhere which is why the access legislation was needed
>and is something to be proud of.
But it's not "everywhere"in France. And as Europeans perhaps owners
of properties should have the same human rights as others under the
articles that were discussed in the early part of this thread. If
not,why not?
I would like to see access rights as in Scotland in other countries.
I would like to see it the other way around.
I know. You are an authoritarian in favour of restricting freedom and
dictating to people.
Quoted message said:
Quoted message said:However as I don't live in other countries it's up to the people in
those countries to fight for their right to access.
And those who oppose it to fight for their human rights.
Restricting access is not a human right. Freedom of access to the
countryside is a human right.
Quoted message said:
Quoted message said:snip
Quoted message said:>>>
>>>Having access often means there are more people about.
>>
>>Not at all. And no-gooders will pick where and when there aren't.
>
>As they did before the access legislation. It makes no difference.
But they could be sent packing before the access legislation as
suspicious. Now all they have to say is they are walkers.
They couldn't actually as there was no law of trespass in Scotland. If
people did damage they could be asked to leave, which is still the case.
If they'd no legitimate reason to be there it could be construed they
were acting suspiciously and told to leave.
Being in the countryside for its own sake is a legitimate reason for
being there.
Quoted message said:Also, walking is
damaging.
So you're opposed to walking/ You'd prefer people to sit at home all the
time?
Quoted message said:Quoted message said:
snip
Quoted message said:>>>>>
>>>>
>>>>There are more signs than ever now. To keep people out of private
>>>>driveways
>>>
>>>Private driveways aren't part of the access legislation. I'm talking
>>>about the sort of notices that say "deer stalking, access forbidden",
>>>"high-powered rifles in use year round" and the like.
>>
>>They still prevent access.
>
>And they are now illegal and so disappearing. There is much discussion
>on signs at present.
>
>They don't prevent access anyway. Many of us just ignore them.
So what happens if someone gets shot?
The person who shot them should be prosecuted and jailed.
Not if it was an accident.
Yes if it was an accident, as with cars.
Quoted message said:
Quoted message said:But no one has
ever been shot as far as I know. Mostly these notices are intended to
intimidate.
Quoted message said:
So what are the Health and Safety implications of removing these
notices?
There are none. The notices are illegal under the Land Reform Act. Many
have come down or been reworded already.
Quoted message said:Quoted message said:Quoted message said:>>
>>
>>>>
>>>>>>
>>>>>>>There's a few who are
>>>>>>>selfish but they are a small minority.
>>>>>>
>>>>>>If that's the case why not let the few have their privacy and let the
>>>>>>rest welcome them?
>>>>>
>>>>>I don't believe in rewarding selfishness. There's also a matter of
>>>>>principle. If only a few people break a law it doesn't mean they should
>>>>>be ignored.
>>>>>
>>>>
>>>>So like I said in one of my letters, it's the politics of envy born of
>>>>the Ramblers communist party origins. You just can't bear to see
>>>>anyone have anything you haven't.
>>>
>>>Now you're just talking rubbish.
>>
>>Not at all. It come through loud and clear. And are you saying that
>>Ramblers didn't come from communist origins?
>
>I'm not concerned with the Ramblers origins as I'm not speaking on their
>behalf or representing them in any way. It's rubbish because the
>politics of envy, whatever that is, has nothing to do with access.
It has very much to do with it.
What has it to do with it? A right of access is having the right to
enjoy the countryside, which is a right everyone should have. Nothing to
do with envy.
There are plenty of places for people to enjoy the countryside and
always has been,
Such as Loch Lomondside.
Quoted message said:without encroaching on other peoples' enclosed
property.
No one is talking about encroaching on enclosed property as long as the
property is not extensive. However enclosing large tracts of land
without providing a means of access is not permissible.
Quoted message said:Quoted message said:Quoted message said:
>and
>the statement "you just can't bear to see anyone have anything you
>haven't" is just laughable.
Not at all. On the other hand, I don't care how wealthy people are.
If they have the money to buy an estate it should be theirs to decide
whether they want public access or not.
No they shouldn't and thankfully they don't.
Why should people invest in property for other people to use?
If they choose to invest in property knowing people will use it that's
their choice. They don't have to buy it. Some landowners encourage
access and provide facilities that earn them money. The Rothiemurchus
Estate in the Cairngorms is a good example of this.
Quoted message said:
If the government want public access they should provide it by buying
the properties with owners consent.
I'd be in favour of that, as long as the prices were reasonable. It
doesn't have to be central government or even government at all, just
bodies in favour of access and conservation. I'm in favour of community
buy-outs, of which there have been several in recent years, and
ownership by conservation bodies like the RSPB, NTS and JMT, who have
all bought more land in recent years.
Quoted message said:Quoted message said:Quoted message said:
>However it is clear you can't bear to see
>people having access.
OI don't agree with the sponging walking fraternity who pay nothing to
upkeep where they walk.
Well, walkers contribute a vast amount to the economy of countryside
area.
What evidence do you have of that and what do they contribute to the
maintenance of the ground they walk on?
Http://www.snh.org.uk/trends/trends_notes/pdf/Access%20and%20recreation/R
ecreation%20in%20the%20uplands.pdf
"Mountain-based recreation is economically important to many
communities, both within and outwith the main tourist season. Between
January and March it may comprise more than 80% of tourism-related
income. In 1996, it was calculated that mountaineers spent a total of
£148.9 million in the Highlands and Islands Enterprise area, generating
about 3,950 jobs (Highlands and Islands Enterprise, 1996)."
There are other studies.
Quoted message said:
Week-end walkers and wild campers spend virtually nothing.
How do you know? The figures suggest the opposite.
Quoted message said:
Ramblers drive to their walking location, carry their provisions in
their little knapsacks, do their walking, return to their cars, and
drive home. They contribute virtually nothing to the countryside and
sponge off it.
This is simply ignorant prejudice on your part. Walkers are in fact
essential to the economy of rural areas.
Quoted message said:Quoted message said:That's why so many places organise walking festivals and advertise
their areas for walking. They want to attract walkers.
On other peoples' land without contributing a thing to its
maintenance.
Grants are given to landowners for maintenance, grants for paths,
woodland restoration and more. That's apart from all the contributions
give to conservation organisations whose whole reason for existing is to
maintain and restore land.
Quoted message said:
Quoted message said:The conservation organisations who conserve, maintain and improve many
areas are mostly supported by walkers too.
Grant suckers.
The people who are conserving the countryside. You'd rather see it
destroyed I presume. These organisations are packed with volunteers who
give up their time and expertise.
Quoted message said:Quoted message said:Quoted message said:
>>
>>
>>>>
>>>>>However I don't think there are any major access problems at present so
>>>>>it isn't a big issue.
>>>>
>>>>There are two significant challenges I know of at present.
>>>
>>>Which are?
>>
>>Read the papers.
>
>I do. I know of one access challenge, which I wouldn't describe as
>significant, though I do hope access rights are established.
What happens if they're not?
I would hope there would be an appeal and the case would continue until
they were established.
What happens if they win on appeal and access is denied?
We'll have to wait and see. The campaign for access would continue. I'm
not directly involved in it so I don't know what those who are would do.
Quoted message said:
Quoted message said:Quoted message said:
snip
Quoted message said:>>>>>
>>>>>Of course I could be wrong. But I doubt. Everything is moving towards
>>>>>greater access and freedom and there are no signs of movement in the
>>>>>other direction.
>>>>
>>>>That's debatable.
>>>
>>>What examples of a movement to restricting access are there?
>>
>>What examples are there of a movement towards greater access?
>
>The access legislation. Since when there has been work on creating core
>paths, access forums to ensure access is available, work to revise the
>Outdoor Access Code, public meetings to promote access. All these are
>promoting greater access.
The revision of the access code could reduce access.
Unlikely from the meetings I've attended and the information I've seen
submitted. The likelihood is that some grey areas will be clarified.
A human rights challenge to maintain privacy, if successful, might
undermine the whole Land Reform Act. What would happen then?
I can't imagine that happening. If it did I would hope the Scottish
Executive would ignore the ruling and maintain the Land Reform Act.
Quoted message said:
Quoted message said:Quoted message said:>If I owned a large estate I would have no problem with it.
What if you owned a 40 acre estate which was mostly garden ground?
That can't be determined as "large".
Sounds pretty large to me. This is covered in sections 3.13 to 3.17 of
the access code.
Not large at all and any part of that likely to be infested with
walkers could be an infringement of privacy.
Your use of the word "infested" shows your prejudice and hatred.
Quoted message said:Quoted message said:Quoted message said:>>
>>
>>>>
>>>>>>
>>>>>>
>>>>>>> Also, the camping by a car park isn't wild camping and
>>>>>>>isn't allowed for in the access law.
>>>>>>
>>>>>>Where does the line away from a car park exist? If they camp in a
>>>>>>field adjacent to a car park that's wild camping.
>>>>>
>>>>>I would say that if you can carry heavy camping gear to a site it's not
>>>>>wild camping. Wild camping is when you can only take what you can carry
>>>>>on your back.
>>>>>
>>>>
>>>>You're avoiding the issue.
>>>
>>>No, I'm stating what the issue is. Roadside camping is not wild camping.
>>
>>So what's the difference in your view?
>
>I've stated it twice.
No you haven't. You've stated the difference between a site and wild
camping.
Three times now.
Quoted message said:
So, what's the difference between roadside camping and wild camping in
your view?
"I would say that if you can carry heavy camping gear to a site it's not
wild camping. Wild camping is when you can only take what you can carry
on your back."
Don't you understand that?
I understand perfectly that you are not answering the question. I am
not asking about "sites". I'm asking what is the difference between
roadside camping and wild camping?
Oh I see. You don't understand the word "site". By it I mean somewhere
someone camps, not an organised paying site. I'll reword it.
I would say that if you can carry heavy camping gear to a place to camp
it's not wild camping. Wild camping is when you can only take what you
can carry on your back."
Quoted message said:Quoted message said:Quoted message said:>
>"I would say that if you can carry heavy camping gear to a site it's not
>wild camping. Wild camping is when you can only take what you can carry
>on your back."
See above.
>>
>>
>>>>
>>>>>This isn't a new problem.
>>>>
>>>>You admit it's a "problem". So it should be stopped.
>>>>
>>>>>It existed long before the access legislation.
>>>>
>>>>So it should be stopped.
>>>
>>>And below I outlined how it can and has been stopped.
>>>>
>>>>>There used to be roadside camping in Glencoe near the old NTS visitor
>>>>>centre and on Skye near the Sligachan Hotel. The numbers grew so great
>>>>>that there were problems so both areas were closed to camping - in the
>>>>>case of Glencoe people were directed to camp sites further down the
>>>>>glen, in the case of Sligachan a camp site was created near the hotel.
>>>>>In both cases the roadside camping stopped and the problem went away. As
>>>>>roadside camping is not a right under the access legislation it could be
>>>>>stopped.
>>>>
>>>>Where does "roadside camping" stop and "wild camping" begin in your
>>>>view?
>>>
>>>I've already said that but here it is again: wild camping is when you
>>>can only take what you can carry on your back. If you're a few minutes
>>>from a car it's not wild camping.
>>>
>>
>>Where is that in the access code?
>
>Page 115, Wild Camping.
>
>"This type of camping is lightweight, done in small numbers and only for
>two or three nights in any one place. ........ help to avoid causing
>problems for local people and land managers by not camping in enclosed
>fields of crops or farm animals and by keeping well away from buildings,
>roads or historic structures."
>
>I would be quite happy if the Code was amended to state clearly that
>roadside camping is not wild camping.
>
>
No mention of your criteria. I thought not.
I never said my criteria was in the access code but I think the code's
definition is pretty close to mine. I think that this is one area where
the code could be made clearer.
So how about answering the question above?
I have answered it. That's the closest the access code comes to what I'm
saying.
Quoted message said:Quoted message said:Quoted message said:
>>
>>
>>>Wild camping also means minimum impact and leaving no obvious sign
>>>you've been there.
>>
>>No it doesn't . It means camping outside of designated campsites.
>
>Wild camping means camping in wild places, away from roads and
>buildings.
Well away from roads can be in a field a few yards from a road.
No, that is close to a road. Note what the code says "keeping well away
from ... roads".
How far is "well away"?
Farther than you can carry heavy car camping gear. I'd say at least 1/4
mile.
Quoted message said:
So if someone wild camps near a road they should be told to move ?
If the owner wants them to yes. Many owners aren't bothered about it.
In areas where roadside camping is prevalent and perhaps becoming a
problem I think an organised site should be set up, where people pay to
camp and facilities are provided, as was done at Sligachan on Skye.
Quoted message said:
Most small estates are near roads.
In which case it's up to the owners whether people camp there or not.
Quoted message said:
Quoted message said:Quoted message said:>>>
>>
>>Why not walk from home?
>
>I often do.
Why not do it all the time?
Because I want to visit different places.
And sponge on other peoples' facilities.
Do you think all tourism is sponging? Do you think no one should ever
travel?
Quoted message said:
Quoted message said:Quoted message said:>>
>>
>>>>
>>>>I drive, but I don't drive hundreds of miles to walk.
>>>
>>>So driving is okay for your activities, whatever they are, but not for
>>>walking?
>>
>>But people can walk from home if the want that type of recreation.
>
>Many do. It depends where you live though. If I lived in a big city I
>wouldn't walk from home.
Why not?
Because I want to walk in wild places and natural surroundings and not
in an urban environment.
But there wasn't a problem about walking in wild places before the
Land Reform Act. There were many places you could walk without any
problem whatsoever.
I think the benefits of the Land Reform Act will be felt mostly in
lowland areas with the core path programme. I think too it gives people
more confidence to walk in wild places knowing they have a legal right
to do so. And it provides a means for dealing with access problems in
those few areas where they do occur.
Quoted message said:
Quoted message said:As it is, I live in the country but I would not
want to deprive city dwellers of the right to walk in the countryside.
See above.
Quoted message said:snip
Quoted message said:>>>>>>>>
>>>>>>>>People walk everywhere. Haven't you noticed?
>>>>>>>
>>>>>>>I never said people didn't. I said that most people go walking in the
>>>>>>>Highlands and Southern Uplands, which in terms of the access
>>>>>>>legislation
>>>>>>>they do.
>>>>>>
>>>>>>Rubbish. Most people walk in easily accessed places like Loch
>>>>>>Lomondside.
>>>>>
>>>>>Much of Loch Lomond is in the Highlands.
>>>>>>
>>>>
>>>>Not as most people would see it.
>>>
>>>Then most people are wrong because geographically it is. The Highland
>>>Boundary Fault runs across the southern end of Loch Lomond. All the land
>>>and the loch to the north are in the Highlands.
>>
>>I know that.
>
>So you know that most of the area is part of the Highlands.
Yes but only in geographical terms. Most visitors don't regard Loch
Lomond as the Highlands.
They are still walking in the Highlands there whether they think it's
the Highlands or not. I have no idea whether most visitors think they're
in the Highlands or not. How do you know?
Because it's regarded as Glasgow's playground first and foremost and
significantly different types of users and abusers are at each others
throats.
Being regarded as Glasgow's playground (which it has been since at least
the 1930s) doesn't mean people don't regard it as the Highlands.
Quoted message said:
Quoted message said:Quoted message said:>>>>>>
>>>>>>It is well known that in this area crime and vandalism has increased
>>>>>>significantly since the Land Reform Act and the National Park was
>>>>>>introduced. The Convenor of the NP is on record as saying that he
>>>>>>would not take his young daughter to certain parts of the Park because
>>>>>>of the problem.
>>>>>
>>>>>"It is well known" is meaningless. It's not well known to me. Where is
>>>>>the evidence?
>>>>>
>>>>
>>>>Do a search of the Herald.
>>>
>>>It's up to you to produce evidence of your claims.
>>
>>Do your own research.
>
>I don't need to. You've made a claim. I've asked you to back it up. You
>don't. My conclusion is that's because you can't.
You're conclusion is wrong.
Provide some evidence then.
Read the papers.
Your usual response when you have no evidence to provide.
Quoted message said:Quoted message said:Quoted message said:>>>>
>>>>>Also, are you saying the existence of the National Park is a cause of
>>>>>crime and vandalism?
>>>>
>>>>Yes, it has increased significantly since the inauguration of the NP.
>>>
>>>That's not the same as saying the NP is the cause.
>>
>>It encourages more scum.
>
>How do you define "scum" and how does the NP encourage whoever they are?
Those involved in antisocial behaviour.
And do you think calling people "scum" is going to help them change
their behaviour?
How would you change their behaviour?
Education.
Quoted message said:All efforts to change human
behaviour by persuasion in recent times have failed.
I disagree. I presume you have evidence for this claim. Or do you
believe people's behaviour is set at birth and people can be divided
into fixed groups?
Quoted message said:
Quoted message said:I think landowners who restrict access are involved in
anti-social behaviour but I would rather try and talk to them than
insult them.
They are merely exercising their right of privacy - which is a basic
human right.
Keeping large areas closed to access is nothing to do with privacy.
Quoted message said:
Quoted message said:
Also, why should the creation of a national park encourage those
involved in anti-social behaviour?
Because it is marketed as a playground for all and is a destructive
influence on the countryside environment.
Is it marketed as a playground? I'm not that familiar with the Loch
Lomond NP.
Quoted message said:
Quoted message said:Quoted message said:
>>>>>>>>>>
>>>>>>>>>>>What is the evidence and how does the anti-social and
>>>>>>>>>>>criminal behaviour relate to access?
>>>>>>>>>>
>>>>>>>>>>If access was restricted landowners could make provision to protect
>>>>>>>>>>their properties
>>>>>>>>>
>>>>>>>>>Why do they need to protect their property?
>>>>>>>>
>>>>>>>>Why do you?
>>>>>>>
>>>>>>>I lock my doors at night due to the very remote chance that I might be
>>>>>>>burgled. That has nothing to do with access.
>>>>>>
>>>>>>As you live in a remote place it has everything to do with access.
>>>>>
>>>>>IWhat has it to do with access?
>>>>
>>>>A lot.
>>>>
>>>>>Do you think burglars are likely to
>>>>>think they can't burgle somewhere because they have no rights of access
>>>>>to the land around it?
>>>>>
>>>>
>>>>They can masquerade as walkers and be unchallenged due to the access
>>>>rights.
>>>
>>>Burglars tend to approach places when no one is around or can see them.
>>
>>Exactly. Country properties.
>
>Mostly urban houses at night. There's not much burglary in the
>countryside. And burglars are not going to approach anywhere where
>there's someone who can see them, access rights or not.
They're more likely to be seen by others in the city. Haven't you
seen the latest CCTV figures?
Yes. I've also seen the latest crime figures. Crime in general is going
down. And most crime takes place in cities, despite CCTV
Because there's a greater density of people.
Of course.
Quoted message said:
Quoted message said:Quoted message said:>>
>>>Also there is no right of access to the immediate environs of houses.
>>>Most houses gave gates, fences and gardens, which remain private.
>>
>>Many in the country don't.
>
>Most of the ones I see do.
What evidence do you have of that? Very few country houses I know
have gates and fences that stop entry.
I didn't say they stopped entry. Most gates are unlocked and most fences
can be easily scaled. But they create a boundary round a house inside
which is private property.
Very few country houses I know have gates and fences.
Most of the ones round here do, for the areas immediately surrounding
the houses.
Quoted message said:
And if they do the Ramblers object.
Quoted message said:Quoted message said:
>>
>>
>>>>
>>>>>I also used to lock my doors when I lived in a town. I was burgled
>>>>>several times when living in towns.
>>>>
>>>>Sure. and it's the same people that are being invited out into the
>>>>countryside.
>>>
>>>There is no evidence for this.
>>
>>Are you saying only honest people access the countryside?
>
>No.
Good. You're getting there.
Getting where?
Acknowledging crime in the countryside.
I never denied it. I've just said it isn't a big problem.
Quoted message said:Quoted message said:Quoted message said:
>But the number of dishonest people committing crimes in the
>countryside is low. And some of those live in the countryside already.
>
What evidence do you have of this in percentage terms relating to
population etc?
I have no idea what the percentage terms are.
Thought not. so you've no evidence.
http://www.scotland.gov.uk/Publications/2003/05/17154/22010
http://www.scotland.gov.uk/Publications/2004/12/20379/48077
The above is for the whole of Scotland. Note that is says that
housebreaking has significantly declined.
Quoted message said:
Quoted message said:But when I read my local
paper most of the crimes it reports, other than speeding, have been
carried out by local people. Very few people seem to bother to visit
remote areas to commit crimes.
What about areas that are not "remote" but in the countryside?
Such as? I would assume, without checking figures, that some crimes
would be carried out by those from nearby towns.
--
Chris Townsend
http://www.auchnarrow.demon.co.uk