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Free camping vs. wild camping.

13/7/2020

7 Comments

 
Picture
Camping at Sheigra
Right now we have a big problem. People want to get a bit of fresh air, feel a bit of breathing space and soak up the feeling of being in a wild, open landscape. This in itself is not the problem, in fact this is an excellent solution to a huge array of physical and mental health problems as well as bringing income to small rural economies. The problem we have right now is from people parking close to the road and camping overnight, creating an obvious impact and leaving behind a mess of rubbish and burnt ground.

This is not a new problem but it is worse right now due to people’s desire to get out of the lockdown, and because campsites and accommodation providers are not yet open. Public facilities are still closed in many areas as well. We might also have a number of people trying out camping for the first time, people who are unaware of the negative impact they can have so easily, or people just ignorant of what camping is like and finding it is not for them.

What is the solution? Should we ban camping close to the road in the way that the chair of Glencoe and Glen Etive Community Council would like to do right across Scotland? Do we impose local by-laws like we have around Loch Lomond? Do we introduce a permit system?

If, like me, you value the opportunity to camp in secluded little spots, out of sight of everyone, and leaving no trace at all of your stopping there, you will not want a nationwide ban. Perhaps there are other ways to tackle this big problem that are less heavy handed. There is often a very negative reaction to enforcement of powers as a first step. Perhaps it is better first to engage with people, to explain the problem and to encourage them to behave differently, and then to enforce laws.​
Picture
Camping at Sheigra, a model of how free camping can be managed?
1.    Understand the difference between wild camping and free camping.

Let’s be clear, free camping close to the road is not wild camping as governed by the Land Reform Act of 2003 and the Scottish Outdoor Access Code. Scottish Natural Heritage (SNH) needs to run an information campaign to educate everyone of the difference. SNH helped us understand the rights and obligations of the Scottish Outdoor Access Code when it came into power and it can continue with this service now. With a well managed and targeted campaign, SNH can separate wild camping from free camping and make sure we all understand we do not have the right to camp next to the road.

There is a general mis-understanding that is perpetuated among many groups of campers and camper van users, that we have the right to camp next to the road because of our right to responsible access. This is not correct and it needs to be tackled head on by the Scottish Government through SNH. A campaign that engages with the right people, explains the problems and encourages better ways of doing things should be the first step and can be done very quickly.

Even if it was covered by the Scottish Outdoor Access Code, free camping would come with the responsibility to leave no trace, and this is enforceable. So, perhaps part of the solution might be to bring free camping into the activities governed by the Scottish Outdoor Access Code. If it is done sensitively with no impact on other people (visual or physical), no damage done by fires or barbecues and no trace is left behind, free camping is acceptable or tolerated. It’s the impact and damage that is the problem and this would constitute irresponsible behaviour and would be contrary to the Scottish Outdoor Access Code. Perhaps this is the right way to go for enforcement.

2.    Current legislation needs to be enforced, and to be seen to be enforced.

Several times recently I have heard of the police turning up at places where people are free camping and doing nothing. This story spreads the idea that free camping is OK and the police do nothing about it. Neither is true.

There have been many cases, unreported, when the police have spoken with people camping inappropriately, engaged with them, explained the problem and encouraged them to move on. In many cases the advice is taken well and people are happy to change plans.

Many times, when the police turn up, the campers have already started drinking and say they can’t drive away due to the alcohol. Nobody wants people driving or riding motorbikes under the influence of alcohol, so the campers are left in place for the night. What does not get reported or told as part of the story is that police officers do follow up, when they can, and check the area after the campers have left.

It’s a big task, and the police have many other things to attend to as well. However, if one or two campers were charged with vandalism or setting fires, this story would spread far and wide. Remember the people who were arrested for walking up a Munro during lockdown and needing the help of the mountain rescue team?

3.    Engage with and educate campervan users.

There is already very good advice and information on the Campervan and Motorhome Professional Association (CaMPA) website (http://www.campa.org.uk/) for drivers. Unfortunately not all camper van renters are members or pass on the advice to drivers. Instead, some campervan hires are sold with the idea of driving without care or concern, parking up anywhere for the night with no additional cost beyond the hire charge of the van. More widespread is the chat in online forums that perpetuates the idea that the right to roam in Scotland extends to camping anywhere or parking up anywhere for the night.

If all camper van renters were obliged to encourage their customers to follow the CaMPA Code it would be a start to reducing inappropriate informal camping. Online forums can be kept better informed by people engaging and taking part in the discussions.

4.    Empower communities to provide facilities for campervans.

In Ireland and right across Europe, there are many areas specifically for camper vans and campers where, for a small fee, you can park up and spend the night in a managed area with very basic facilities (a tap and a toilet). They can work very well and allow small rural areas to benefit financially from the visitors while managing their impact on the area.

Even if the camping area only just pays for itself, there will be the benefit of reducing the number of free campers. Potentially, these areas could generate a surplus for the use of the local community. And to minimise the displacement of business from campsites and touring parks, these areas could be for single night stays only. People wanting proper facilities, staying for several nights would still be encouraged to use formal sites.

There are examples of sites such as this in Scotland already. I have spent many very happy nights at Sheigra and look forward to visiting Ardroil on Lewis soon.

5.    Educate people through signage.

I remember seeing a small sign once when I was walking my dog. It asked “Is your dog a killer?”. I immediately felt defensive and read more of the sign as a result. It went on to tell me about ground nesting birds and the damage that can be done by dogs off the lead at certain times of year. I had not realised this and I took it well. My dog walked on his lead that day and I went elsewhere for a couple of months.

Many people do not understand the impact of their actions and, if they did, they would change their behaviour. There are very many sites where people camp for free quite regularly and if we placed small sign here they could have a very positive effect. 

  • Dog and human faeces can cause diseases in cattle that can have disastrous consequences.
  • Rubbish left behind can kill wild life.
  • Wildfires cause massive destruction.

Lighting a fire or using a barbecue out in the open is very difficult to do without leaving a mark on the ground. It takes an expert to do it successfully. People who light fires and use barbecues improperly not only leave damaging scars in the ground but also risk widespread wildfires. Even people who are very used to using small stoves sometimes have accidents that start wildfires. At a time when we need to improve biodiversity in our landscape, wildfires are particularly damaging in the long term.

SNH is ideally placed to create a resource of signs that can be used by local communities or landowners to encourage good camping behaviour.​
Picture
Camping at Sheigra
Our first minister spoke about free camping today, and the need for people to use their common sense when they are making decisions. I think we need to do more than just tell people to be considerate because the impacts of free camping are not imediately obvious to everyone. We need to engage with people who are free camping inapropriately, educate them so they understand all the different ways they can have an impact, encourage them to change their behaviour and, when required, we need to enforce what laws we can. I completely understand that Glen Etive was overwhelmed at the weekend and what I describe here might not go far enough in particular places. However, in normal times, it might be enough to manage the problem sufficiently.
7 Comments
Keith
13/7/2020 22:02:02

Good sound advice, good to have some well informed fact-based comment for a change.
This is a good place to start a discussion.
This is a problem crying out for a solution, but not a draconian one and yet something that works for the locals AND the visitors.

Reply
Neil Adams
14/7/2020 11:04:16

Hello Mike,
This is a very well balanced and thoughtful article that treads the fine line between enforcement and voluntary action very sensitively. Well done!
There is definitely the case for more education, as always - dog owners, especially, often being blissfully unaware of the impact their pets can have on a wild ecosystem.
The sticking point, however, is always the substantial group of people who understand fully the environmental impact of waste, off-road parking and campfires (amongst other things) but, I’m sad to say, simply don’t care. This is the hardest thing of all to tackle and almost certainly requires some sort of enforcement which will not impact on those who are responsible.This is where your idea of publicity about police efforts comes in.
I am also quite in favour of preventative measures such as simply informing people who enter some of the “honeypots” like Glen Etive, that their number plates are being recorded for reasons of environmental management. Experiments with drive-through restaurants which automatically print car number plates on the food packaging are already showing a reduction in litter: if people know they are being watched they will change their behaviour.
However, we as residents must look at our own behaviour first. Shops with overflowing bins, fish farms with discarded waste, hydro and forestry companies with discarded equipment....none of this sets a good example for visitors. When walking in Switzerland a while back, I was really struck by how well managed their natural environment was.
The debate will continue - possibly a good topic of discussion at the next Mountain Film Festival.
Best wishes, Neil

Reply
Nick Kempe link
14/7/2020 15:33:30

Hi Mike,

I am afraid your statement of the legal position is badly wrong and in particular your distinction between what you call "free camping" and wild camping. There is no such distinction. Camping is a form of recreational activity and as such is included under access rights and you have a right to camp wherever access rights apply as long as you exercise this responsibly. The main limitation under the Outdoor Access Code is that you are advised not to camp close to houses. There are no provisions telling people not to camp by the road as you claim. I would be happy to work with you to correct the misinformation you have included in the piece [email protected]. You have also conflated campervanning, that is covered by totally different laws (the right of vehicles to stop off by the road) with camping. Nick

Reply
Dave Robinson
14/7/2020 16:25:12

Hi Mike,

It's good to read a piece on camping which is well reasoned and offers some obvious (to me) and useful solutions to the current issue. I see it as a companion piece to what Cameron McNeish put out on social media last week in response to the Glencoe and Etive Community Council proposal for a camping and campervan ban.

I don't mean to be critical but I just wanted to point out an error in what you say in regard to wild camping and SOAC. It is not correct to say that 'There is a general mis-understanding that is perpetuated among many groups of campers and camper van users, that we have the right to camp next to the road because of our right to responsible access. This is not correct and it needs to be tackled head on by the Scottish Government through SNH.'

The SOAC does give that right by saying you can camp ('lightweight, done in small numbers and only for two or three nights in one place') wherever access rights apply. That includes roadsides. I accept that the SOAC itself confuses things by then advising to keep well away from roads 'to avoid causing problems for local people.' The right to camp still exists though.

Terminology such as wild and free camping doesn't help. I've also heard of dirty camping, social camping and informal camping to describe anything that isn't on a formal and paid campsite. The bottom line is there is responsible camping on land where access rights apply and if you don't do it responsibly then you no longer have the right. This applies to mountain summits just as much as it does to roadsides.

Interestingly campervans and motorhomes are not governed by the LRA and SOAC at all because the Act does not allow for motorised access. It is the Road Traffic Act 1984 that allows people to park up to 15 metres off a highway - but that doesn't confer a right to do so - it's just not an offence to do it.

Because of the current problems of littering, over-use and anti-social behaviour, which includes people camping, people are rightly getting vexated and fixated on what to do. What you are calling for is spot on and I agree 100%, especially for campervans as facilities are nowhere near good enough. We need to be proactive and positive about our access rights but also protect and manage the popular areas too.

Sorry for going on!
Dave

Reply
Mike Pescod
14/7/2020 19:07:45

Thanks to Nick and Dave for keeping me right here. I have got the legislation wrong and I will go back and correct this blog. I've long had the mis-understanding that camping next to the car is not governed by the SOAC because motorised transport is outwith the scope of the code. However, as soon as you set foor out of your car, the SOAC applies.

"Camping is therefore a legitimate activity wherever access rights apply, including some locations close to roads, subject to responsible behaviour and any restrictions resulting from other legislation, including byelaws - for example concerning car parking. Access rights do not legitimise any activity that is an offence under other legislation and do not, for example, provide an ‘excuse’ for antisocial behaviour.

Scottish access rights apply to non-motorised recreation and do not therefore extend to activities that are entirely based on the use of a vehicle, such as sleeping in cars, camper vans or caravans. "

https://www.outdooraccess-scotland.scot/managing-informal-camping-under-land-reform-scotland-act-2003

Dave, your comment puts it very well - The bottom line is there is responsible camping on land where access rights apply and if you don't do it responsibly then you no longer have the right.

What we have seen lots of recently is irresponsible camping to which we need some solutions. Trying to engage with people who do not fully understand the SOAC (including me!) and explaining the responsibilities it comes with would be a good first step.

Reply
Nick Kempe link
14/7/2020 22:13:49

Hi Mike,

Thanks very much for agreeing to correct what is covered by access rights. As someone who was involved in negotiating the agreement with landowners that eventually formed the basis of our access legislation, I think it is important for people to understand some of the reasons why it is very important for people to be able to camp by the roadside. This is partly about travel. There must be very few walkers or mountaineers who haven't at some stage stopped off and pitched a tent by the road on the way to somewhere. We now have a ridiculous situation in the Loch Lomond and Trossachs National Park where if you bike or drive and put up a tent in a camping management zone for the night without a permit you are committing a criminal offence, but if you pull off onto the same patch of grass in your campervan you can stay the night quite lawfully. Its also about rights for all, the rights of people with disabilities who might only be able to get a short way from a vehicle or the rights of people to camp for the first time who haven't had the opportunity to be safely supervised on a Duke of Edinburgh expedition. Its also about practicalities: in the Loch Lomond and Trossachs National Park large numbers of formal camping places have been lost since the Park was created - many have been turned into chalet parks - leaving people nowhere to go.

Set aside the legal muddle, I think your proposed solutions are on the right lines but as well as aires for campervans we also need basic facilities for camping in places like Glen Etive.

Reply
Danny Carden link
15/7/2020 11:53:26

Hi Mike,

Thanks for writing such a thoughtful and thought-provoking article, and for the update regarding roadside camping.

The solutions aren't simple, but we must all keep looking for them - as you are doing.

I suspect/hope that anti-social behaviour in the outdoors is particularly prevalent at the moment while many people who would previously have met for a party in pubs, clubs or outdoor festivals are heading to the outdoors. But that doesn't lessen its impact upon these places, and everyone else who lives, works or exercises in them.

I agree 100% on the need for a combination of investment in education, infrastructure and enforcement of the existing laws (eg littering, anti-social behaviour, illegal parking...) to tackle this hugely-infuriating problem.

All the best,
Danny.

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    Mike Pescod
    Mountain Guide.

    Self reliance is a fundamental principle of mountaineering. By participating we accept this and take responsibility for the decisions we make. These blog posts and conditions reports are intended to help you make good decisions. They do not remove the need for you to make your own judgements when out in the hills.

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