Proposed £3.4m mountain bike centre near Loch Ness could contravene principles of free access, warns Highland Council officer

A proposed £3.4 million mountain bike park in hills overlooking Loch Ness could contravene Scotland’s free access rights, a Highland Council officer has warned.

The proposed Ride Ness development on Glendoe Estate would feature more than 24km of trails and has been designed to make mountain biking accessible for children and newcomers as well as offering a new challenge to experienced riders.

The application submitted to Highland Council also includes a hub building, cafe, retail, bike hire/store building, 40 motorhome pitches, eight shepherd's huts, play areas and parking on a 700-acre site.

But Highland Council access officer Stewart Eastaugh has lodged an objection, citing concerns that it could cause future management and access issues for the developer and the council.

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In a response submitted as part of the planning consultation for the project, the access officer is maintaining a previously-raised objection “on the grounds that the development of a downhill mountain bike park for which access to the tracks is controlled and effectively charged for runs counter to accepted national principles and practice in Scotland”.

“While there may be sympathy for the applicants’ proposals to develop, manage and maintain a sustainable network of downhill mountain bike trails, it is important that the departure from the convention is called into question,” he states.

“The applicant’s assumptions that they could lawfully limit access to the uplift and downhill trails is flawed.

“Those that are able to walk or ride their bikes up may then ride them down the trails as long as they are not interfering with its use by others.”

He compares it to a ski area where those able to make their own way up to the top of a slope might ski down through the ski area as long as they do not interfere with others who may have paid for uplift.

“This could create management and access issues for the developer and council in future,” he says.

Mr Eastaugh also says the Land Reform (Scotland) Act 2003 will continue to apply over the whole area whether or not planning permission is granted for the development.

“As long as the public exercise their rights responsibly where they may and do not interfere unreasonably with its use then they would have a right to walk or ride there,” he states.

He also says little public access is taken up presently at the site perhaps due to a lack of paths, tracks and focal points plus more attractive alternative walking and cycling routes nearby.

He says that it may be worthwhile for the council to set a condition, if consent was considered, requiring no development begins until a detailed outdoor access plan across the site - existing, during construction and following completion - had been approved by the planning authority.

But Andrew Vernon, founder of Ride Ness said that beyond the park’s designated trails, the public would still have free access.

“If realised, Ride Ness will introduce a new world-class mountain bike park, designed to enhance public access, recreational opportunities, and drive economic growth in the wider area,” he said.

“The development prioritises the needs of both adventure-seekers and the wider community through purpose-built downhill trails, carefully managed for safety and sustainability, alongside extensive public access improvements.

“Any charging or restrictions will only apply to the mountain bike tracks that will have been developed for a particular recreational purpose and will require oversight, maintenance, and skilled guidance necessary to deliver a safe, premium experience similar to other high-quality facilities.

“Beyond the designated trails, free public access will be maintained and expanded, inviting everyone to enjoy the surrounding landscape.

“We are committed to respecting Scotland’s access rights and are working closely with the Highland Council to ensure we comply with the Land Reform (Scotland) Act 2003, meeting the needs of both visitors and residents.”

Mr Vernon added the proposals, which had received broad local support, represented major investment in the local economy, creating year-round jobs and new visitor attractions while respecting the natural beauty and community fabric of the area.

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