Brodie will appeal against decision to make him unlock gate
HIGHLAND Council has secured an interim interdict against landowner Alexander Brodie to remove gates he erected at Lochloy near Nairn to prevent access to a car park near the Culbin Nature Reserve.
The hearing was held in private on Friday before Sheriff William Taylor.
Brodie of Brodie caused anger when he erected the gate at the end of a road which is used to gain access to the Culbin forest and the beach east of Nairn. He said he was seeking to protect the natural beauty of his land.
After Friday’s hearing he said he would re-open the gate but would appeal against the decision.
He said he had only learned about the interdict through the press and was grateful to Sheriff Taylor for allowing him to sit through the proceedings.
"The interdict was granted. I was not allowed to speak but I made a protest that my human rights were being violated.
"I listened to the council make up a defence based on press reports and they said it was a right of way."
The access road, which was surfaced at public expense, leads to a car which is used by members of the public including wildfowlers and walkers. It passes several houses on Brodie lands and householders had complained of disturbance.
Brodie of Brodie said the car park was only constructed in 1996 or 1997.
"Nothing was mentioned at the hearing about why I want it closed and the Sheriff has not heard the full details."
The landowner claimed he had tried to negotiate with the council and suggested opening the gate three days a week and closing it for four and in the evenings.
"The judge was helpful and explained the procedure to me but I have not been heard at all. Now I’m going to study the documents and lodge a defence."
But he said he would comply with the court meantime and open the gate.