Outdoor Access in Scotland has a long
history and the traditional view of access in Scotland
was that of open access, especially to the high ground.
The existence of a law of trespass was hotly debated but
never proved either way and although a rights of way
network existed, it was never definitive or fully
vindicated by legal agreements. The Countryside
(Scotland) Act 1967 was perhaps the first attempt at
making provisions for countryside access, but it relied
on Access Agreements that proved time consuming and
costly.
From that time however the increasing
demand for access to the countryside was recognised and
many organisations and local authorities put a lot of
work into improving footpaths. Path construction
techniques developed rapidly and there was a flurry of
Countryside Projects maintaining and creating paths,
mostly aimed at walkers.
After the creation of
Scottish Natural Heritage,
it published a report in 1994 entitled “Enjoying the
Outdoors”, which heralded a change in thinking. Perhaps
for the first time it set out a strategic approach to
consider the access needs of cyclists, horse riders and
people with disabilities, as well as those of walkers.
The report also highlighted the need to consult
communities much more about the paths that they wanted.
This approach was continued with the formation of the ‘Paths
For All Partnership’ and the Scottish
Countryside Access Network in 1996. The increased
involvement of communities in access was seen as a very
positive step forward and was encouraged by government
policy. With devolution to a Scottish Parliament in 1999
a promise was made to introduce legislation that would
give a right of access for non-motorised users.