Save Castle Toward Public Access

On 31/Aug/2016 a Masterplan was submitted for Castle Toward which effectively prevents public access. The plan includes erection of fencing, charging for access and preventing people crossing the car park at the mansion. The plan ignores the recently recognised Right of Way at the estate.

The plans can be found on the Council website;
http://publicaccess.argyll-bute.gov.uk/online-applications/applicationDetails.do?activeTab=externalDocuments&keyVal=OCO2QYCH0A900

Please object to these plans and also request that the Council, since it has a vested interest in the sale, should refer all planning matters at Castle Toward to Scottish Ministers.

Please also support recognition of a second Right of Way the forms for which can be found here;
http://www.iheartcastletoward.co.uk/right-of-way/

Great news, the public now has a documented right to use the route shown in red on the map accompanying the 38 Degrees petition as it has now been recorded in the National Catalogue of Rights Of Way (CROW) .
The public also has a right to use the main drive at Castle Toward from the Memorial Hall to the first turn-off to the left towards Strathclyde Cottage as that is designated as Core Path.
However there is a gap of about 150m between the turn-off and the Right of Way that has just been recorded. That is why it is so important that the second Right of Way should also be recognised as it permits the public to travel all the way up the drive and along the main path to the ruined castle – which is the most used route.
If you have walked/cycled/ridden up the drive and along the main path to the ruined Castle then please help to have that Right of Way recorded by returning the forms which can be found here http://www.iheartcastletoward.co.uk/right-of-way/ to the Council.

Have you walked up the main drive at Castle Toward and then followed the path along to the ruined castle?

If you have then please submit a form asking the Council to recognise that route as a Public Right of Way so that you and others can continue to do the same.

The forms can be found here;
http://www.iheartcastletoward.co.uk/right-of-way/

Extract from ScotWays objection to change of use planning application 16/00996/PP;

“After analysis of these forms we consider the evidence indicates that the route does appear to satisfy the criteria to be a public right of way. To date, we have not received any information that leads us to believe it is not one. It is important to note that the route claimed by the local community as a right of way passes through the area shaded pink in the plan, indicating that it could potentially be affected by the proposed change of use. There is not enough information currently available to show us that public access will be maintained should this application be given consent. Therefore, we ask that this route be preserved through the estate, and furthermore that it forms part of an access management plan secured via a planning condition.”

Extract from Scottish Ramblers objection to change of use planning application 16/00996/PP;

“The planning application states that there will be no changes to public paths, rights of way or rights of access. However, although the exact future use of the castle and ancilliary accommodation is unclear, it is very likely that the curtilage of these buildings will be drawn more widely than currently is the case and cover areas where public access is currently enjoyed. Therefore we are objecting to this plan unless the developers are required to produce an access plan, to be developed in consultation with the council and the local community, as a planning condition if this application is approved.”

Progress is being made to have the Right of Way recorded in the National Catalogue of Rights of Way (CROW). However a planning application for Castle Toward has recently been lodged and, since the Right of Way has not yet been recorded the Council can ignore it when considering the planning application.

Please object to the planning application. If sufficient people object the Council have to refer the matter to Scottish Ministers.

The application for Castle Toward Mansion to become a Dwelling House can be found here;
http://publicaccess.argyll-bute.gov.uk/online-applications/

If approved the planning application could be used to block all access through the heart of the estate including your "right to roam" so please do object.

Regards
J Haldane

On 1/April/2016 the Council stated that the information supplied on 45 forms for a Public Right of Way was "inconclusive".

The best way to change this for more people to submit forms to the Council, they are simple to complete and can be found here;
http://www.mediafire.com/view/1e4uhy3x541qi58/Castle_Toward_RightOfWay_form.doc

It is great to see that over 500 people have now signed the petition but the Right of Way forms are the most important thing.

Ideally people will have openly walked the route more than 20 years ago without asking permission. However showing any use of any part of the route helps make the case. You don't need to be living or have lived in the area to return a from to the Council.

We can still win this!

The Council first got applications to recognise the Castle Toward Right of Way in June 2015. It is now February 2016 and they have still not given a decision!

If you feel that the Council, in taking such a long time to process the application, is failing in it duties you can complain by submitting a simple online Council form here;
http://www.argyll-bute.gov.uk/myabc/complaints

The advantage of complaining in this way is that the Council have to respond in a fixed time and it opens up the possibility of the Scottish Public Services Ombudsman becoming involved.

Scottish Natural Heritage (SNH) observe that some Local Authorities
"... have compiled lists of all claimed rights of way, with little attempt to verify their legal status".
Clearly the delay by Argyll and Bute Council is completely out of order and it can only be assumed they have some ulterior motive for it.