Overview
The complainant (Mr C) raised a number of concerns about the way South Ayrshire Council (the Council) tried to extinguish the equestrian rights of way over a pathway where such rights existed and where the landowner had placed barriers to prevent horses from using the pathway.
Specific complaints and conclusions
The complaints which have been investigated are that the Council:
- (a) failed to maintain the right of way as per their responsibilities under the Countryside (Scotland) Act 1967 (upheld);
- (b) delayed in seeking an Extinguishment Order in respect of the right of way (upheld); and
- (c) failed to pass the matter to the Scottish Executive for determination within a reasonable timescale (upheld).
Redress and recommendations
The Ombudsman recommends that the Council:
- (i) take prompt action to ensure that it complies with its statutory obligations under the Countryside (Scotland) Act 1967 in relation to the pathway; and
- (ii) introduce a robust procedure to ensure that it administers its responsibilities under the Countryside (Scotland ) Act 1967 and the Land Reform (Scotland) Act 2003 within acceptable timescales.
The Council have accepted the recommendations and will act on them accordingly.