A few days ago, there was some discussion about access rights to windfarms for non motorised use (walkers, cyclists, horse riders etc).
The bottom line is that use of core paths and rights of way cannot be stopped by the developer (even during construction) unless there has been a specific application approved by Scottish Ministers- which also requires a set statutory period and process of public consultation and notification. Local authorities do not have the power to stop up core paths and rights of way without following due statutory process. (Despite what East Ayrshire Council thinks!)
The British Horse Society has written a very useful guide which also sets out the minimum recommended separation distances of turbines to core paths ( 4x the height of the turbine) and other useful information for both the public, developers and landowners:
https://www.bhs.org.uk/media/rcvlixqb/equestrian-access-through-windfarms-in-scotland-factsheet-2021.pdf
It also confirms that the 2003 land access legislation does allow access to all parts of a windfarm except areas of active construction which should be designated and marked out/fenced off as such under Construction (Design and Management) Regulations 2007 for public safety reasons.
So, get out there and use those access rights!
The bottom line is that use of core paths and rights of way cannot be stopped by the developer (even during construction) unless there has been a specific application approved by Scottish Ministers- which also requires a set statutory period and process of public consultation and notification. Local authorities do not have the power to stop up core paths and rights of way without following due statutory process. (Despite what East Ayrshire Council thinks!)
The British Horse Society has written a very useful guide which also sets out the minimum recommended separation distances of turbines to core paths ( 4x the height of the turbine) and other useful information for both the public, developers and landowners:
https://www.bhs.org.uk/media/rcvlixqb/equestrian-access-through-windfarms-in-scotland-factsheet-2021.pdf
It also confirms that the 2003 land access legislation does allow access to all parts of a windfarm except areas of active construction which should be designated and marked out/fenced off as such under Construction (Design and Management) Regulations 2007 for public safety reasons.
So, get out there and use those access rights!
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