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Old 11-10-2009, 01:07 AM
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Unhappy Electricity board sparks access controversy.

As we all know, the ground which is under the high water mark belongs to the electricity board, by what law I do not know, but it seems to be a fact on dams in Scotland.

Our club has recently been informed that they will have to pay £500.00p to access our boats and car park, which are below the high water mark.
I was wondering if any other clubs have had such a blow as this one.

Access to the loch has always been free, and the club has been running longer than the dam has been built. Surely the Right of Access should apply here?
This access charge would cripple our club, as, like all other clubs, there are very few youngsters coming through. This could be the death knell of our club, which has been running since 1919.

Thank you for reading,

Sam
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Old 11-10-2009, 11:23 AM
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Sam - I do know that your local water is protected as it has a head of Char in it and there is specific legislation in place for the Loch. I dont know anything about paying the leccy board but it might be worth having a look to see if it is mentioned elsewhere.
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Old 11-10-2009, 12:58 PM
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This sounds mad to me Sam, I'd get straight on to my MP and the press about this if they don't back off after a couple of reasonable protests from the club.
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Old 11-10-2009, 01:07 PM
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Sam, just thinking. If they want your club to pay £500 a year then get them to tarmac the road and car park so that it provides a decent access road.
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Old 11-10-2009, 03:07 PM
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Originally Posted by Pointy Shadow View Post
Sam, just thinking. If they want your club to pay £500 a year then get them to tarmac the road and car park so that it provides a decent access road.
Owned by which electricity board, there are quite a few of them now'

I always understood that below high water mark belonged to the Queen, one reason you don't need a license to fish around the UK shores, I could be wrong, ....

Last edited by grayling; 11-10-2009 at 03:10 PM.
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Old 11-10-2009, 06:55 PM
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I assume that it is our old "friend" Scottish Power who are at the bottom of this. There has been no communication from the idiot who proposed such a sum, but we have been in touch with the major land owner around the loch, and he thinks it is a disgrace, and has never heard of such a thing. He is not overly pleased to learn that he cannot access the loch himself, I can tell you.

I do know that Scottish power had to take a "gentleman" to court to remove him from the lochside, as he had several caravans on the shores' of the loch, and had been there for over 15 years. Cost them £20,000 according to some rumours to remove this guy.
Do not know how this affects us, but they must be trying to recouperate their money for the lawsuit, from us. There is no mention of charging anyone else to fish the loch, or should I say to access the loch over "their" land.

I do hope that the land does belong to the Queen, and that we can get these bampots off our back. I have been trying to access the laws on this very subject through the internet, although it is a bit like wading, you end up too far in, and have to try again later. No wonder it needs a lawyer to sort things out, which, incidentally, we can ill afford.

Thanks for the comments and help lads,
much appreciated,

Sam
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Old 11-10-2009, 07:09 PM
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Quote:
Originally Posted by doonicus View Post
I assume that it is our old "friend" Scottish Power who are at the bottom of this. There has been no communication from the idiot who proposed such a sum, but we have been in touch with the major land owner around the loch, and he thinks it is a disgrace, and has never heard of such a thing. He is not overly pleased to learn that he cannot access the loch himself, I can tell you.

I do know that Scottish power had to take a "gentleman" to court to remove him from the lochside, as he had several caravans on the shores' of the loch, and had been there for over 15 years. Cost them £20,000 according to some rumours to remove this guy.
Do not know how this affects us, but they must be trying to recouperate their money for the lawsuit, from us. There is no mention of charging anyone else to fish the loch, or should I say to access the loch over "their" land.

I do hope that the land does belong to the Queen, and that we can get these bampots off our back. I have been trying to access the laws on this very subject through the internet, although it is a bit like wading, you end up too far in, and have to try again later. No wonder it needs a lawyer to sort things out, which, incidentally, we can ill afford.

Thanks for the comments and help lads,
much appreciated,

Sam
Was that the fella down the bottom end Sam , i think Mclean was his name if my memory serves me right . I know the loch was a sad looking place with burnt out caravans etc , but it would not of taken much work to get it ship-shape . As for the measures they have taken recently are in my opinion a joke , Good luck with your fight mate for your clubs sake i hope you prevail. Having worked with the said company earlier in my life i can assure you they are total bampots ..

All the best

Stevie
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Old 11-10-2009, 07:25 PM
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Quote:
Originally Posted by doonicus View Post
Access to the loch has always been free, and the club has been running longer than the dam has been built. Surely the Right of Access should apply here?


Sam
Sam,

The above would appear to be to myself, a non solicitor, the nub of the issue. If your club has had access since 1919 you have probably created a Public Right of Way. This would permit you continueing access. It may be that this is English law but I would suggest that that your club advise the Electricity Board that they are going to explore this option and if it fails to obtain a satisfactory response from them, obtain the necessary legal advice from a solicitor which won't cost £500.
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Old 11-10-2009, 08:04 PM
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Not an expert, (and I have to confess that I am based about as far south as you can go in England), but this stikes me as a job for a chap like Robbie The Pict , , , , , , , , , , ,
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Old 11-10-2009, 10:08 PM
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Sam, sent you a wee email that hopefully will help.

Loch Doon is a SSSI due to the Arctic Charr that live there and this .pdf (need adobe acrobat to open it) in section 1.58 doesnt mention an utilities company (the leccy board) can dispute access rights and they have not got a leg to stand on if they do not own either the land or the water. Section 1.52 might be worth a read too.

Good luck to you my old boat partner. If theres anything that I can do to help just drop me a mail.
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