The Local Authority Duty to Uphold Access Rights under the Land Reform (Scotland) Act 2003.

The article focuses on the judicial review case concerning Glasgow City Council's duty under section 13 of the Land Reform (Scotland) Act 2003 to uphold public access rights to a football pitch in Cathkin Park. The court ruled that the pitch is subject to public access rights except when in active use for amateur football, and that the council failed to properly consider its statutory duty to protect these rights when approving fencing around the pitch. This case is significant as it provides the first clear judicial interpretation of the section 13 duty on access authorities, establishing that ignoring this duty can invalidate planning decisions. The ruling also clarifies the interaction between access rights and planning law, emphasizing that access rights must be considered as a material factor in planning decisions affecting public access.