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Tycoon loses right-to-roam battle Tycoon loses right-to-roam battle
(about 1 hour later)
A millionaire landowner has lost his bid to ban ramblers from entering his 70-acre estate in rural Stirling. A millionaire landowner has lost his bid to ban ramblers from entering part of his 70-acre estate in Stirlingshire.
Waste disposal magnate Euan Snowie had wanted the Boquhan Estate in Kippen exempt from the 2003 Land Reform Act's right-to-roam provisions.Waste disposal magnate Euan Snowie had wanted the Boquhan Estate in Kippen exempt from the 2003 Land Reform Act's right-to-roam provisions.
Stirling Council and the Ramblers' Association fought the case.Stirling Council and the Ramblers' Association fought the case.
Sheriff Andrew Cubie said the land sought by the pursuer to be excluded from the act was excessive. Mr Snowie, 39, purchased the estate in 2001.Sheriff Andrew Cubie said the land sought by the pursuer to be excluded from the act was excessive. Mr Snowie, 39, purchased the estate in 2001.
The former financial director has told the Stirling Sheriff Court in evidence that he had encountered "boisterous youths" on the estate. In his ruling, Sheriff Cubie said only a small amount of land adjacent to Boquhan House would be inaccessible to the public.
He began preventing the public access to the estate in 2005. The decision comes after bus tycoon Ann Gloag won the right to restrict access to her property in June last year.
The western gate to Boquhan House has remained closed since it was locked on 19 September 2005. READ THE RULING class="" href="http://news.bbc.co.uk/1/shared/bsp/hi/pdfs/23_04_08_snowieruling.pdf">Snowie v Stirling Council & Ramblers' Association - Final Judgement [115KB] Most computers will open this document automatically, but you may need Adobe Reader href="http://www.adobe.com/products/acrobat/readstep2.html">Download the reader here
The case, which was the first of its kind, granted her the right to keep the public out of 10 acres of her grounds at Kinfauns Castle near Perth.
Mr Snowie had previously told Stirling Sheriff Court in evidence that he had encountered "boisterous youths" on his estate.
In response, the western gate to Boquhan House was closed to ramblers on 19 September 2005.
The grounds, which includes seven properties, one of which is Boquhan House, also contains a tennis court and riding stables.
In his submission, Sheriff Cubie characterised Mr Snowie as someone who had "an almost instinctive reluctance to accept that any access taker could be genuine".
He added: "Mr Snowie's position appeared to be that if someone was not courteous to him then they could not under any circumstance be a genuine recreational walker."