Whaligoe steps

[KitKat]

So is the idea then to open a cafe there and charge folk to go down to the steps? Think there would be a mini revolution if they tried that one with Caithness folk!!!

[rockchick]

Not much different than what happened at Skara Brae, tho, is it?

Laff...I'd like to see them get insurance to cover tourists going up and down those steps in Caithness weather! Premiums would be sky-high, even if they could get cover.

[Errogie]

Unless I've missed something in these posts I suspect the point of issue is probably about the right to park cars on the area of land in question not about access over the same area. Access rights under the new system contained in the Land Reform (Scotland) Act 2003 don't include the right to park your car unless the area happens to be within the adopted roads system and maintained by Highland Council as Roads Authority for the area.

However, the Council very often doesn't own the land the road or car park is built on but simply manages it and maintains it under authority conferred upon it by Act of Parliament. This is fine so long as it is used for this purpose but if it ever ceases to be so then the disused road reverts to the original land owner as frequently happens when realignments are carried out. Similarly many sections of railway have never been "bought" and there are many instances where old railway lines have ended up back in a landowners hands sometimes to the surprise of current owners.

The old, and still running alongside new access rights, rights of way system requires four basic tests to be fulfilled before a right of way can be claimed and the presumption is always that there is no right of way unless the landowner admitts it or you can prove him wrong. These are:

1. It should connect two public places.

2. It should be used for more than 20 years.

3. It should be used withiout obstruction.

4. It should be used without asking permission.

I would have a slight worry about the harbour still being a public place because it is no longer fully used or maintained by the piers and harbour authority, Highland Council. It could possibly be regarded as a "Place of public resort" but that has not yet been verified in any court case.

Of course rights of way are possibly less significant now in the wider countryside given new access rights but they are now more important where you enter what is termed the "curtilage" of a property and new rights may not apply.

The new law obviously has to bed in but is very welcome as let's face there were very few restrictions on access from post glaciation 10,000 years ago until some four or five hundred years ago when lawyers crawled out from under a stone. You'll have heard the one about the lawyer who set up in a small town and found everything very quite until he sent asked another lawyer to open another office and soon there was plenty of work for both of them!

[pultneytooner]

So is the idea then to open a cafe there and charge folk to go down to the steps? Think there would be a mini revolution if they tried that one with Caithness folk!!!

Seemingly they are planning to open a cafe there.
As for taking resposibility for the steps then I would think this unwise as from a safety point of view it would be too much for someone to take on as they would be responsible for the maintainance and also, god forbid, if anybody had an accident there which as far as I know has happened inb the past.

[cuddlepop]

Have they applied for planning permission for the cafe?.It seems hard to believe that access will be denied if they approve a cafe to be situated on the premises.The steps are not clearlly advertised for fear of prosecution so are the new owners going to maintain the steps so they can advertise the cafe?
There seems to be lots of questions that need answers here.

[Naefearjustbeer]

http://www.whoownsscotland.org.uk/pa...umster_map.jpg

This shows the extent of the Thrumster estate

[Errogie]

If they apply for Planning Permission for a cafe then Caithness's finest Councillors will no doubt take all of the concerns expressed here on board via our man in the know Bill Fernie.

What would you name a cafe in such a situation and would the sale of alcoholic beverages be permitted to anyone braving the steps or perhaps even be considered de rigeur for faint hearted visitors seeking to summon up the necessary courage to tackle the fearfull and terrifying exposure above the surging ocean?

[pultneytooner]

If they apply for Planning Permission for a cafe then Caithness's finest Councillors will no doubt take all of the concerns expressed here on board via our man in the know Bill Fernie.

What would you name a cafe in such a situation and would the sale of alcoholic beverages be permitted to anyone braving the steps or perhaps even be considered de rigeur for faint hearted visitors seeking to summon up the necessary courage to tackle the fearfull and terrifying exposure above the surging ocean?

Coffee to whali go.

[whaligoe]

Hi,

I just logged on and found an absolute load of rubbish being posted about what is going on here at Whaligoe, and I'd like to put a few things straight.

1 - At no point have we ever tried to claim that the car park at the top of the steps is on our land - it is owned by the council.

2 - At no point have we ever tried to limit or cease access to the steps - the access to the steps is indeed over our land, but as we are all aware, there is a right of way, and we have never tried to stop anyone from using it.

3 - In fact, as we anticipate that much of our business for the cafe will come from visitors to the steps, the opposite is true, we would welcome any visitors that choose to come to Whaligoe.

4 - We have applied for, and received, planning permission to open a cafe in part of our house at the top of the steps - this will be something that people can choose to use or not - there is no way (and no desire) to force people to use it!

5 - We're not english, Rod is Scots, and grew up here in Caithness, and I'm Welsh / Maltese - so not a drop of english blood between us!

I don't understand how such rubbish can have been published on a public site without any attempt to check the truth of what was being said - it is very upsetting.

Whaligoe is our home, and the home of our family, and we are trying to get in place a small business which can sustain us and help us to remain in the area that we love.

K Davies & R Mann

[Bobbyian]

I heard a story that an english couple in ulbster are trying to lay claim to the carpark at the top of whaligoe as they say it is on their land and also the steps themselves, how ridiculous is that?
The angry locals are up in arms.

and people wonder why the scots look so dimly upon the English sorry I think their a little bit arrogant

[changilass]

and people wonder why the scots look so dimly upon the English sorry I think their a little bit arrogant

Read the post above yours and you will see that they are not in fact English so your comment is inapropriate.

Thanks Whaligoe for clearing the matter up, look forward to visiting the steps when the weather is better Wish you all the best with the cafe

[Bill Fernie]

Once the cafe is ready to go don't forget to let us know here at the web site and we will make appropriate announcments that you are up and running.

Also take advantage of the free business page by completing the online for at http://www.caithness-business.co.uk/submit_details.php

Good luck with your new venture

Bill Fernie

[Max]

I think it's a great idea - anything that encourages tourism - good luck with the venture - I hope it works out. Keep us posted!

[htwood]

Whaligoe is a beautiful place. Good luck with the cafe. I sure could have used a cuppa after racing Sassylass back to the top! Whew.

[sweetpea]

this is totally totally sad. Spent many a day at Whaligoe and only because of people like Iain at the Heritage centre in Wick who have done all the work on the upkeep of the steps for years. These people who think they own the place need to be put in their place!

[Max]

I don't think they do think they own the place I think they just want to open a cafe on the bit they do own!

[Murdina Bug]

this is totally totally sad. These people who think they own the place need to be put in their place!

Take a peek further back up the page Sweetpea at Whaligoe's post!! I think what she has said clears the matter right up - the only person who needs to be put in their place was the original poster who started a bigoted thread!

[johno]

funny how things get blown out of proportion & how one thing leads to another. nearly had an uproar here just because some one said that the land above whaligoe steps belonged to the people that bought the house there.
then the auld enemy was taken into the equation, what next. still it was interesting reading for a wee while .
good luck to the people involved & i hope the cafe turns out to be a great success. i will certainly use it if visiting the steps.

[sweetpea]

Sorry for not reading what went before I just think it's a shame to commercialise these places. Ok a cafe might work but we never had one for years and it didn't seem to bother all the visitors, even Billy Connely

[futurelegends]

I heard a story that an english couple in ulbster are trying to lay claim to the carpark at the top of whaligoe as they say it is on their land and also the steps themselves, how ridiculous is that?
The angry locals are up in arms.

They're Not Trying To Get a Cinema In Thrumster as Well Are They?