One law for all

In a victory which helps set a precedent for the application of the Scottish Open Access Code, Ewan Snowie has finally been forced to open the gates to his 70 acre Boquhan Estate in Stirlingshire.

Sheriff Andrew Cubie ruled in April that he was entitled to exclude the public from only 12.75 acres immediately surrounding his property. Stirling Council had called for him to unlock gates leading to the grounds.

The Snowies, who were earlier said to be “puzzled” by the order to allow public access are apparently still considering whether to appeal against Sheriff Cubie’s original judgement not to bar public access to 40 acres of their land.

A pedestrian gate has been opened, which is sufficient to meed the requirements of the access code, but if it is locked again, then the Snowies could be back in court again.

John Campbell QC, for the couple, told the court: “My clients are clearly disappointed with the result.” He said: “The drive only leads to the house. Mr Snowie’s view, putting it crudely, was ‘why should people walk up it just to rubberneck my house?’”

I think someone has a distorted view of their own importance, and what the land access is wanted for… to access the land, not rubberneck people you would want to cross the road to avoid.

The case also seems to indicate that there is a degree of sense being applied, with the immediate are of the owner’s home being defended, while the bulk of land is given public access, and echoes an earlier ruling in June 2007, for Stagecoach bus company boss Ann Gloag, banning the public from 10 acres of her grounds at Kinfauns Castle near Perth. In other words, not the whole estate. This case was possiblt notable for its claims that the pursuer was in fear of kidnap and ransom, reasons given for excluding the public from the estate.