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 The Disputed Level Crossing |
We are happy to report that the problem of access to Kilchurn Castle from the east seems to have been resolved: in two quite different ways.
In 2003 Network Rail locked the vehicle and pedestrian gates to the level crossing on the route that has for centuries traditionally given access from the east, or landward side, to Kilchurn Castle. Network Rail closed many other level crossings across Scotland at the same time. A BBC News Online article on 11 February 2005 carried advice from Scottish National Heritage that well-used crossings which had been closed by Network Rail should continue to be used by the public.
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A visitor to the castle in early June 2006 told us that although the vehicle gates on the level crossing at Kilchurn remained locked, the pedestrian gates alongside them were no longer locked. A visit in January 2007 and another in April 2007 confirmed that this was the case, meaning that pedestrian access from the east is now possible just as it was before 2003, using the pedestrian swing gates on each side of the crossing.
Meanwhile, the new vehicle gate erected in 2003 to prevent access to the area to the east of the railway crossing from the A85 stood open in 2007: and the Historic Scotland sign that was attached to that gate in November 2003, saying that there was no visitor access to the castle from the east, had gone in 2007.
 Gate on new
path |
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 New path
passing under the railway |
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 Start of the new
path |
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 The new path
joining the oldon the castle side of the railway |
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 Sign on the
gate from the A85 in 2003. This had gone by January 2007. |
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 Sign on the
level crossing gate, 2003. Still there in 2007. |
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 Sign on the level crossing gate |
In addition, someone, presumably Historic Scotland, has invested a lot of effort and money in building an excellent and obvious gravel-covered path that leads north west from the eastern approach to the level crossing, towards the River Orchy; alongside the river under the end of the bridge that carries the railway over the river; through a pedestrian swing gate; then back south to join the old pedestrian path to the castle. For perhaps a couple of hundred yards extra walking, visitors can avoid the railway altogether, and get some rather nice views of the river, bridge and mountains.
In light of these developments, much of the remainder of this page is redundant, though it remains in place as an interesting case study of how a large organisation acting for what it feels to be the best possible reasons can still get things totally wrong, and score a major own-goal into the bargain.
There has been a castle at Kilchurn for about 550 years. Although on a small island (see map here) until the level of Loch Awe was slightly lowered by clearance of the outflow in 1817, the main landward approach to the castle has throughout its history been from the east, from Dalmally. Since 1817 this approach has provided direct access to the castle itself (as it may also have done earlier if stories of a submerged causeway in use before 1817 are to be believed).
When the last stretch of the Callander and Oban Railway was built from Dalmally to Oban in 1880, it crossed the line of the track to the castle, then on a rather larger headland than you see today (see 1874 map here). When the railway was built, a level crossing was constructed where it met the track. This has been used ever since by those wishing to access Kilchurn Castle from the east.
In 2003 Network Rail locked the level crossing gates, including the old metal swing gate specifically designed to allow free pedestrian access to the castle. So ended 550 years of unhindered access along this route to Kilchurn Castle and 126 years unhindered use of the level crossing. The result was, officially at least, that visitor access to the castle was only possible in summer, and only by boat from Lochawe.
We learned of this when Network Rail emailed us in July 2003 demanding we remove reference to this traditional means of access from our Kilchurn Castle feature page. Further correspondence resulted in the appearance of the first version of this page. On 4 September 2003 the problem at Kilchurn Castle was picked up by BBC Online, who tied it to other similar issues relating to Network Rail in Scotland. The BBC Online report can be seen here.
The position taken by Network Rail was not only dictatorial in tone, it was also deeply flawed and ill thought-through; it was outwith the laws of Scotland; it was likely increase rather than lower risk; and it raised the issue of disabled access to the castle (which may not yet be adequately resolved).
It's not often recognised that there is a law of criminal trespass in Scotland, relating specifically to railways. However, it is clear from the arguments put forward by Network Rail that they knew their position in locking level crossings could not be justified on this alone. Instead they sought to argue that their actions were justified because, in the case of Kilchurn Castle, the public would have had to cross someone else's private land in order to get to the level crossing. As they said in an email to us: "This level crossing has always been private and can be accessed only by the local landowner and Historic Scotland."
This stance was still more explicit in their comments to the BBC: "A spokeswoman for Network Rail said... that anyone accessing the crossing would first need to trespass on private land." In effect Network Rail was seeking to import into Scotland aspects of the English trespass laws. This shows an ignorance of Scottish law rivalled only by its disregard for the principles of devolved government in Scotland. The huge irony was that Network Rail took this stance in the year in which the Scottish Parliament passed the Land Reform (Scotland) Act 2003, which established statutory rights of access to most areas of land in Scotland, and which undermined still further Network Rail's already fatally flawed position.
Network Rail said they closed this level crossing to improve the safety of the railway. At no point did they say whether there had ever been, in the 126 years of its existence, an accident of any sort at this level crossing. It therefore seemed reasonable to assume that there had been none. Meanwhile, the sight lines in both directions from the level crossing could hardly be better. And the latest timetable suggests that only around four trains run along this track in each direction each day.
Despite all this, Network Rail's position seemed to be that, so long as there was a theoretical risk, however tiny, caused by use of this level crossing, they must lock the gates to remove or reduce the risk. But it can be argued that locking the gates made the crossing significantly more, not less dangerous. In an email to us Network Rail said: "Recently tourists were sighted climbing the gates and carrying a person in a wheelchair across the track to access the path." What would have happened if a train had approached when the group was actually crossing the line? Could an accident have been caused because of the locked gates preventing speedy exit from the level crossing: an accident that would not have happened had the gates been unlocked? Or could someone have been injured climbing over the locked gates or carrying someone else over them?
There's an associated and much wider risk. Network Rail were of course right to be concerned about rail safety, and about the dangers caused by of trespass on the railway. The problem was that when, as here, they exhibited a fundamentalist and Alice in Wonderland approach, in which common sense played no part, they seriously undermined their own credibility and the basic preparedness of reasonable people to take them seriously. This could only have a negative impact on overall rail safety.
And, finally, remember the rather striking quote in a Network Rail email to us: "Recently tourists were sighted climbing the gates and carrying a person in a wheelchair across the track to access the path." Even had the ferry been running, access via it for someone in a wheelchair would be exceptionally difficult. Quite apart from boarding the boat and disembarking from it, there are the problems posed by the restricted landing stage at the castle to consider, plus the steps on either side of the bridge over the railway at Lochawe which has to be crossed to get to the ferry landing at that end (image available here).
To put this another way, Network Rail's actions had the effect of turning what was previously a relatively accessible ancient monument into one which became wholly inaccessible to all but the most determined wheelchair users. As things stand in 2007 we are not convinced that the problem of disabled access to the castle has yet been satisfactorily resolved, either by the unlocking of the pedestrian gates or the new path under the bridge with its pedestrian swing gate.
