Outdoor Events: Application For

OUTDOOR EVENTS: APPLICATION FOR

EXEMPTION ORDER

(Land Reform (Scotland) Act 2003)

This form should be used to apply for an Exemption Order for the purposes of an outdoor event only

1. Applicant

Name: …………………………………………………………………………………

Address: …………………………………………...………………………………….

……………………………………………………….Postcode: ………………….…

Phone: ……………………………………..…..….. Fax: ……………………......

E-mail:………………………………………..….…Date:…………..………………

2. Details of area to be exempted (address/postcode, or OS map six figure grid reference)

…………………………………………………………………………………………

You must include an extract from an OS map (1:25,000 scale) with the area of land outlined in red.

3. Purpose of Exemption OrderPlease circle

a) To charge a fee for entry into an event or entertainmentYN

b) To prevent the public causing interference to your eventYN

c) To prevent the public from affecting the safety of theYN

participants or spectators

4. Is there likely to be a problem if the public are allowed toYN

exercise their access rights across the area during the

event?

5. Additional Information

a) Is there a formal or informal path across the area?YN

b) Are you intending to sign an alternative route around theYN

area?

6. How long is the Exemption Order for?

Start date and time: …………………………………………………………………..

End date and time:………………………………...………………….……...………

If your Exemption Order is for 6 days or longer, you will need to contact Outdoor Access staff at the Council on 01546 604228 at least 4 months in advance for a discussion prior to submitting your application.

7. Property Ownership Certificate

I hereby certify that for the period of 21 days before the date of this application: (please tick one box)

a) The applicant owns and occupies all the land to which this

application relates and there are no other occupiers of the land

b) The applicant has given a copy of the ‘Notice of application for

an Order to exempt land from access rights to owners,

tenants or occupiers’to all persons who own, or are tenants

of, or otherwise occupyany part of theproperty to which this

application relates. Theyare listed below.

c) The applicant is unable to issue a ‘Notice of application for

an Order to exempt land from access rights to owners, tenants or

occupiers’. Allreasonable steps have been taken to find out

the names and addresses of the owners, tenants and occupiers

involved.

NAME OF OWNER / TENANT/OCCUPIER / ADDRESS / DATE NOTIFIED

Declaration

Please check that you have completed the questions correctly, have enclosed the required maps, and if applicable have sent a copy of the ‘Notice of application for an Order to exempt land from access rights to owners, tenants or occupiers’ to the relevant land owner(s)/tenant(s)/occupier(s), and enclosed the relevant fee for applications of longer than 6 days.

Information from this application, to include the applicant’s details and any other information provided in regard to the application, will be available for public inspection, be published on the Council’s website ( may be shared with other appropriate professionals and may be released in response to a request under the Freedom of Information (Scotland) Act 2002.

You must now sign the declaration:

I HEREBY CERTIFY THAT THE INFORMATION GIVEN BY ME IN THIS FORM IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE.

Signature of applicant: ………………………………………………………..……...

Date: ………………………………………………...…………………………………

PLEASE RETURN THIS APPLICATION TO:

Outdoor Access Team

Development and Infrastructure Services

Argyll and Bute Council

1A Manse Brae

Lochgilphead

Argyll

PA31 8RD

NOTICE OF APPLICATION FOR AN ORDER TO

EXEMPTLAND FROM ACCESS RIGHTS TO OWNERS, TENANTS OR OCCUPIERS

(Land Reform (Scotland) Act 2003)

To:

Name (of owner/tenant/occupier): ………………….………...…………………….

Address: …………………………….…………………………………………………

…………………………………………………………………………………………..

Postcode: …………………………….Date: …………….……….………………….

As owner, tenant or occupier of any part of the property to which this application relates, this Notice is to inform you that I/We:

Name (of applicant): ………………………………………………………………….

Address: ………………………………………………………………….……………

…………………………………………………………………………………..………

Have made an application to Argyll and Bute Council for an Order to exempt land from access rightswhich would otherwise be exercisable over that land under the Land Reform (Scotland) Act 2003:

Location: ……………………………………………………………………………….

Reason: ……….……………………………………………………………………….

Start and end times and dates of exemption: …………….……………………….

WHAT IS THIS NOTICE FOR?

This Notice and the information attached to it have been served on you by the person making an application to Argyll and Bute Council for an Orderto exempt an area of land from access rights under the Land Reform (Scotland) Act 2003. This is because you are an owner, tenant or occupier of the property which they wish to exclude from access rights. As an owner, tenant or occupier, the grant of permission will not affect your right to retain, dispose of or manage your property unless there is some provision otherwise, for example in a lease or other agreement.

WHAT SHOULD I DO NOW?

You may want to find out how the Order will affect you. The application is available to view at Argyll and Bute Council, 1a Manse Brae, Lochgilphead, Argyll, PA31 8RD. Office hours are 9am to 5pm Monday to Friday (excluding Public Holidays). Please ask for Outdoor Access in Planning and Regulatory Services. An Access Officer will be available to discuss them with you if you wish.

You may receive this Notice before the Council receives the application. You are therefore strongly advised to telephone the Outdoor Access staff on 01546 604228 to make sure the application has been received and registered valid before calling to inspect the documents and plans.

Exemptions for 1–5 days

If you have any concerns regarding the proposed Order, please contact the Council’s Outdoor Access staff on 01546 604228within 7 days following the date of this notice.

Exemptions for 6 days or more

For applications of 6 days or more you can, if you wish, make comments or representations.You have 21 days from the start of this Notice in which to do so. You should make comments and representations in writing and send them to: Outdoor Access, Planningand Regulatory Services, Argyll and Bute Council, 1a Manse Brae, Lochgilphead, PA31 8RD.

Any representation or comment communicated in regard to this matter, to include the details of any person or body making the representation or comment, will be available for public inspection, may be published on the Council’s website ( may be shared with other appropriate professionals and may be released in response to a request under the Freedom of Information (Scotland) Act 2002.

Signed: ………………………………………………………………………………

Date: …………………………………………………………………………………

OUTDOOR EVENTS: APPLICATION FOR AN

ORDERTO EXEMPT LAND FROM ACCESS RIGHTS

(Land Reform (Scotland) Act 2003)

GUIDANCE NOTES

Please read carefully before completing the application form.

These guidance notes should be used to apply for an Exemption Order for the purposes of an outdoor event only

If you have any questions, you are advised to contactOutdoor Access staff on 01546 604228 before submitting your application.

1. Applicant

Please give your full name and address, including your postcode, and if possible daytime telephone number and e-mail address. Please also include the date.

2. Details of the area to be exempted

Please clearly state the full address of the land, including the postcode if possible. If the site has no address, please give a written description of the location of the site, and include the Ordnance Survey six-figure grid reference of the centre point. If you are signing an alternative route around the area, please indicate the line of this on your map. Not all areas of land are within access rights and therefore require an Exemption Order. For details of land outwith access rights please contact the Council for an informal discussion or for a copy of the Scottish Outdoor Access Code.

It is essential that you include an extract from an OS map (1:25,000 scale) with the area of land outlined in red.

3. Purpose of Exemption Order

Please indicate which of the three purposes apply to your event. Please note, at least one of these purposes must apply to your event, although it is not necessary for all of them to apply.The Scottish Outdoor Access Code provides information on best practice for event organisers in order to minimise impacts on the environment and prevent unreasonable interference with the rights and needs of land managers and other people.

4. Problems arising from a continuation of public access rights?

It might be that allowing the public to continue with their general right of access would not cause problems to your event, and therefore you do not need to have an Exemption Order. However, if you do not apply for an Exemption Order, any member of the public who wishes to exercise their access rights across the land on which you are holding your event is legally entitled to do so.

5. Additional Information cont:-

5. Additional Information

Please indicate whether there are any existing routes across the area which may be affected by the exemption, and whether you will be signing an alternative route around the site of your event.

6. How long is the Exemption Order for?

Please state the start and end dates and times that you would like the Exemption Order to cover. This should be for the minimum period of time that it is necessary to restrict the public’s access rights.

7. Property Ownership Certificate

Please indicate whether you own the land on which you are holding your event. If you do not own the land you are required to send the enclosed Notice to the owners and/or tenants and/or occupiers to inform them of your application for an Exemption Order. You should sign the Notice and are advised to send the Notice by recorded delivery.

Declaration: You should ensure that you have answered all the questions correctly and then sign and date your application.

Application Fees

Applications for 0 – 5 days: free

Applications for 6 days to 2 years:

a) Administration costs: £100.00

b)Fees for public notices in newspaper:

(i) initial notice of proposed order: £96.30

(ii) final notice of confirmed order: £117.07

Cheques should be made payable to Argyll and Bute Council.

Submitting your application

If you are applying to exempt an area of land for 5 days or less, you will need to submit your application at least 21 days before the start date of the required closure.

If you are applying to exempt an area of land for 6 days to 2 years, you will need to submit your application at least 4 months before the start date of the required closure.

You should submit your completed application, together with a map showing the relevant area, and fee where applicable, to:

Outdoor Access

Planningand Regulatory Services

Argyll and Bute Council

1a Manse Brae, Lochgilphead. Argyll, PA31 8RD

What happens next?

Once the Council receives your application, it will be checked to ensure that it has been completed correctly. If it is not complete, it cannot be processed and we will write to tell you what you must do. If your application is complete, you will receive an acknowledgement letter within 5 working days.

For Exemption Orders of5 days or less, your application will be determined within 21 days. Once a decision has been reached you will be informed of the outcome of your application. If approved, the decision will be publicised on the Council’s website, and you will be sent a Decision Notice, a copy of the Order and an accompanying map. Copies of the Order and map will have to be displayed at the boundary and main access points of the exempted area for the duration of the event. The Council may undertake spot checks to ensure that this is complied with.

If your application is refused, you will be sent a letter explaining the reason.

For Exemption Orders of6 days to 2 years, the Council has to undertake a statutory consultation process where people will have 21 days in which to examine and comment on your application. The officer dealing with your application will also contact you for a more detailed discussion. After taking all objections and representations into account, the Council will make a recommendation to Scottish Ministers. The Scottish Executive will then make a decision, and it is not possible to predict how long this will take. If the Ministers consider it necessary, they can require a Public Inquiry to be held before coming to a decision. Once a decision has been reached you will be sent a letter informing you of the outcome of your application. If approved, the decision will be publicised on the Council’s website, and a Notice will be placed in the local newspaper. You will also be sent a Decision Notice and an accompanying map, copies of which will have to be displayed at the boundary and main access points of the exempted area for the duration of the event. The Council may undertake spot checks to ensure that this is complied with.

If your application is refused, you will be sent a letter explaining the reason.

If you would like information in another language or format, please ask us.