[robert waddell]

as title we have a waterfall there used to be public access with a designated footpath(marked on o/s map)
but over the years houses have been built 2 at the south side and 2 to the west side the 2 houses at the south when at the planning stage were objected to  the first because it was proposed on top of the footpath the council allowed the house to be constructed claiming they did not accept the footpath(we still have the correspondence)
now 5 years ago we were approached by the neighbouring council wanting to erect a footbridge and path to give the public and locals easier direct access then last week we were approached again first by telephone then half an hour later in person
there plans have moved on from 5years ago now wanting a network of footpaths(through wooded areas) these wooded areas are used by the pigs and would bring the public to within 200yds of our house
i will post pics when the technical wizards have been bribed
this is the only waterfall in west lothian and is listed in a book  about waterfalls in Scotland   there is a chance that it could be used for a hydro scheme
so how much would you pay extra for a waterall you own personal one that you can go to and listen to the therapeutic and soothing water cascading on its onward journey
i regard it as the family silver  sell it or allow this proposal to take arms and legs

[Hilarysmum]

We have a small waterfall in the little river running through our property.  Its a delight when the sun is out and the water splashes catch the sunshine turning the water droplets into crystals.  The sounds of the water are restful, its the nicest place to sit with a book.  I dont think I want to share it with anyone as the peace is too valuable to give up.

[Norfolk Newby]

As you have title to the waterfall and the surrounding land, what is is worth?

At one level, it is worth what anyone is willing to pay for it. However, it also has value as the basis for a business. If you were to allow visitors to take walks around it (for an entry fee) and there was space for picnicking with you selling food and drinks, you could make a nice business of it.

BUT, you might prefer to maintain your privacy. So this would lose you the income from this hypothetical business and that would represent the value of your privacy to you. Other people might have a different opinion.

Now using that argument, you have the basis of a case with the local authority for what you want in return for the footpath and bridge idea (which would largely kill off the business potential).

You might look at local enterprises offering similar access to land for walks, meals, horse riding and similar. This would give you evidence of the potential number of visitors, prices etc.

Don't take the council's offer as the starting point. If you don't want to lose your privacy, fight. But make it an interesting fight!

[Fleecewife]

There is also the potential value to be put into the equation of you using it for your own power generation, compared with say a big wind turbine.

[darkbrowneggs]

Priceless    I am feeling relaxed just thinking about it

All the best
Sue

[HappyHippy]

I worte a lovely big reply last night which vanished  probably my internet connection !
Under the open access code for Scotland, you can't actually stop people coming onto your land, unless you can prove it's detrimental to crops growing, livestock or dangerous for them to be there. Especially if there is a public right of way footpath - trust me  I've looked into this as we have a pulic right of way (by foot) right up through our land  As landowners you really have very few rights to stop people without a very good arguement and have to have signage for EVERY possible danger, even then you can be held liable if some idiot decides to ignore them 
The hydro thing is a double edged sword too 
Whilst I'm all for green energy and hydro is much more effective than wind in terms of production - the pipes are not the nicest thing to look at - LOTS of concerete saddles to hold them in place. Bruce blasted and sprayed the pipeline for Scottish Hydro at Falls of Clyde waterfall in New Lanark a couple of years ago, so we've seen them really close up. BUT your own water wheel would be a good idea if you ever decided to go off grid  and MUCH nicer to look at 
We've got a wee waterfall - well, in the autumn and winter it's a waterfall. Spring and summer it tends to be a trickle over some rocks  and I like being able to go and sit by it without lots of other folk being there - it's peacefull and I want to keep it that way Although I believe things of beauty should be shared and it would be nice for everyone to see it - how long would it be before it was full of litter, dog dirt and empty bottles/cans if 'joe public' were regular visitors 
I wouldn't sell - not in a million years ! Any cash you were to get just couldn't compensate for loss of privicy, risk to your stock ("piggy want a ham sandwich ?" ) and the possible eyesore it could become 
Karen x

[robert waddell]

thanks for the input
first happy hippy there was a footpath until west lothian council granted planning for a house directly on top of the footpath (in the front door and out the back door) now for any path to exist it has to go from point A to point B this path is now sterile and the law says so sorry
hydro is feasible if planning would allow it is only the generator shed that would stick out like an erect penis
wind power is a non starter for a viable turbine we have to many neighbours to close
it was bad enough last year when the Buckie boys camped coincidentally where they want a path
business opportunity this is AVONBRIDGE we are talking about somebody in the village had there budgies(9)stolen the last sheep stealer to be hung in Scotland came from the area
now it is the privacy thing that has the value or greater value i don't object to anybody going there for the tranquility of the waterfall BUT IF THEY WANT TO HAVE EASIER ACCESS BECAUSE THE COUNCILS ON BOTH SIDES OF THE WATERFALL HAVE SCREWED UP THAT IS THE CRUCKS OF THE VALUATION  keep your comments comming

[oldwolf]

Shame you couldn't link it in to a visit or hiding place of Wallace! Your not on the Avon are you?

[robert waddell]

wallaces cave is about 1 mile away and that is there eventual goal to link the paths together it is a tributary of the Avon  Lin mill burn its proper title is Lin mill falls 

[Hilarysmum]

I am all for open access, we have hunters walking across the land in winter and fishermen in summer.  Digby is always happy to meet and greet especially fishermen who have packed l unches.   

Its not always that simple though, and I think the right to roam or footpaths should come with a caveat allowing some lee way when it interferes with the land owners livelihood or privacy.  I doubt they have footpaths through say Longleat or Sandringham!  (Sorry lesse majesty)

[Beewyched]

 Hiya Lillian/Robert

Think Karen may have found your answer IF you want to keep folks away - detrimental, dangerous - aren't Tammys closley related to wild boar - far too dangerous for strangers to wander 

Seriously unless I was starving I would want to keep it to myself & special friends  not many places of tranquility left nowadays.

[ballingall]

thanks for the input
first happy hippy there was a footpath until west lothian council granted planning for a house directly on top of the footpath (in the front door and out the back door) now for any path to exist it has to go from point A to point B this path is now sterile and the law says so sorry

I can confirm this is true- where we lived before had a public right of way on it when my parents bought it in 1968. In 1971, the M90 motorway, discected the right of way, and meant that it did no longer go from point A to Point B. We did eventually get a letter from the council to confirm this in (only a few years later)....... 1990. During that the entire time we had trouble with people treating it as a walkway, there was a stile built in so they climb over the fence, but that wasn't good enough. So the gates were left open, when padlocked, the gates were lifted off the hinges, when both ends were padlocked, the bolt cutters were used to remove the chain..... We couldn't keep stock in that field due to this from the people, and because they might get out. The public refuse to believe a right of way is no longer a right of way.


I would fight it all the way Lillian, if you have confirmation from the council, then use that to it's full potential.

Beth

[AengusOg]

The original footpath/right of way was negated by the council's allowing of the building upon it. There is a right of responsible access to most land nowadays, but that shouldn't be the issue but, if it is, it may be possible to have the council deemed irresponsible in their giving of permission for a building to obliterate the original route. Perhaps that would hamper their efforts to enforce the access issue.

Surely they would have to purchase your land to gain public access in the form they envisage, so, to avoid selling, it may be possible to suggest that you are willing to guarantee public access for limited periods, designated by you in accordance with your seasonal needs of your land. They would create their public advertising of the spot to make that clear, and you may be able to persuade them to fence/plant hedges, or screen in some way part of the access route to protect your privacy. Just a thought.