- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
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Date lodged: Thursday, 13 March 2008
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Current Status:
Answered by Michael Russell on 11 April 2008
To ask the Scottish Executive whether the advice of the Scottish Environment Protection Agency to Aberdeen City Council’s public local inquiry in May 2006 and Moray Council’s public local inquiry in November 2007 complied with Scottish Ministers’ strategic objective to develop a close and responsive relationship with the public, local authorities and regulated authorities and, if so, in what way.
Answer
I refer the Member to the answer to question S3W-10935 on 11 April 2008. All answers to written parliamentary questions are available on the Parliament''s website, the search facility for which can be found at
http://www.scottish.parliament.uk/webapp/wa.search.
- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
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Date lodged: Thursday, 13 March 2008
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Current Status:
Answered by Michael Russell on 11 April 2008
To ask the Scottish Executive whether the advice of the Scottish Environment Protection Agency (SEPA) to the Cairngorms National Park Authority in the planning application for the Aviemore resort hotels master plan complied with SEPA-Planning Authority Protocol: Advice and Consultation and the associated planning advice note and, if so, in what way.
Answer
I refer the Member to the answer to question S3W-10935 on 11 April 2008. All answers to written parliamentary questions are available on the Parliament''s website, the search facility for which can be found at
http://www.scottish.parliament.uk/webapp/wa.search.
- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
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Date lodged: Thursday, 13 March 2008
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Current Status:
Answered by Michael Russell on 11 April 2008
To ask the Scottish Executive whether any member of the Scottish Government saw, or was shown, the exhibition of phase two of the Aviemore resort hotel’s development arranged by Mr Donald Macdonald for the First Minister during the SNP Conference in Aviemore from 26 to 28 October 2008.
Answer
No member of the Scottish Government saw the exhibition.
- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
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Date lodged: Thursday, 13 March 2008
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Current Status:
Answered by Michael Russell on 11 April 2008
To ask the Scottish Executive on how many occasions since May 2007 ministers have instructed non-departmental public bodies (NDPBs) to take particular actions with regard to individual casework with which the NDPB was dealing and which fell within the NDPB’s statutory responsibilities.
Answer
The ability of ministers and officials to instruct or direct non-departmental public body (NDPB) delivery partners is part of the long established governance framework between government and the bodies they sponsor.
Within this delivery relationship, there is a wide range of terminology used to describe instructions that can be given to NDPBs and this is normally contained in enabling legislation or other relevant corporate documentation underpinning the governance framework. The scope of instruction and direction can also vary considerably, ranging from simple accounting matters to issues of substance and can cover procedures and timescales where ministers believe there is a public interest. Whether of a general or specific nature, powers of direction allow government to exercise the degree of control necessary to ensure parliamentary, ministerial and public accountability for bodies in receipt of government funds.
The way in which the Scottish Government discharges these core functions is not recorded separately or given prominence over other issues of sponsorship activity. In addition, the way in which directions can be invoked and communicated will vary depending on the individual circumstances or context.
The governance framework which confers NDPB status provides for a degree of ministerial judgement in deciding the most appropriate level of interaction between body and government.
NDPB sponsorship guidance is contained on the Scottish Government''s public bodies website at:
http://www.scotland.gov.uk/Topics/Government/public-bodies.
- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
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Date lodged: Thursday, 13 March 2008
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Current Status:
Answered by Michael Russell on 11 April 2008
To ask the Scottish Executive whether the Scottish Environment Protection Agency’s advice to the Cairngorms National Park Authority on the Aviemore resort hotels master plan planning application complied with its statutory duty to promote sustainable flood management and, if so, in what way and whether that advice took full account of regulations and guidance issued by Scottish Ministers.
Answer
I refer the member to the answer to question S3W-10935 on 11 April 2008. All answers to written parliamentary questions are available on the Parliament''s website, the search facility for which can be found at
http://www.scottish.parliament.uk/webapp/wa.search.
- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
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Date lodged: Thursday, 13 March 2008
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Current Status:
Answered by Michael Russell on 11 April 2008
To ask the Scottish Executive which protocol dictated that the First Minister’s private office should not bring to his attention correspondence from Mr Donald Macdonald’s company and enclosures of further correspondence between the company and the planning authorities, the Cairngorms National Park Authority and Highland Council in relation to the Aviemore resort hotels planning application, which was received from the First Minister’s constituency office manager on 9 and 13 November 2007.
Answer
The correspondence of 9 November 2007 was a forwarded copy of a forwarded email, with an attached letter, which was not addressed to the First Minister: in line with established practice, this correspondence was therefore not shown to the First Minister. The correspondence of 13 November 2007 was a forwarded copy of an email which was not addressed to the First Minister: in line with established practice, this correspondence was therefore not shown to the First Minister.
- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
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Date lodged: Thursday, 13 March 2008
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Current Status:
Answered by Michael Russell on 11 April 2008
To ask the Scottish Executive whether and how the advice of the Scottish Environment Protection Agency (SEPA) to Aberdeen City Council’s public local inquiry in May 2006 and Moray Council’s public local inquiry in November 2007 complied with SEPA’s general duty to ensure that its activities are compatible with the statutory guidance on sustainable development in respect of SEPA’s own contribution to sustainable development and environmental justice.
Answer
I refer the Member to the answer to question S3W-10935 on 11 April 2008. All answers to written parliamentary questions are available on the Parliament''s website, the search facility for which can be found at
http://www.scottish.parliament.uk/webapp/wa.search.
- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
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Date lodged: Thursday, 13 March 2008
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Current Status:
Answered by Michael Russell on 11 April 2008
To ask the Scottish Executive what the First Minister discussed with Mr Donald Macdonald when they met in October 2007.
Answer
I refer the member to the answer to question S3W-9043 on 25 February 2008. All answers to written parliamentary questions are available on the Parliament''s website, the search facility for which can be found at
http://www.scottish.parliament.uk/webapp/wa.search. m¼$
- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
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Date lodged: Thursday, 13 March 2008
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Current Status:
Answered by Stewart Stevenson on 4 April 2008
To ask the Scottish Executive whether the reporter’s advice to ministers on Aberdeen City Council’s public local inquiry in May 2006 and Moray Council’s public local inquiry in November 2007 took full account of regulations and guidance issued by Scottish Ministers on promoting sustainable flood management.
Answer
Unlike structure plans which are approved by Scottish ministers, responsibility for the preparation and adoption of local plans lies with the planning authority for the relevant area. The planning authority has to comply with statutory requirements, including ensuring that the plan conforms with the approved structure plan. The planning authority is also responsible for considering any objections to the plan, if necessary by appointing a reporter and holding a local plan inquiry, considering the reporter's recommendations to them, incorporating any modifications it considers appropriate, and adopting the plan so that it is brought into force. It is for the planning authority to decide whether to accept or reject the recommendations made by the reporter. Scottish ministers can be expected to become involved only in exceptional circumstances. This could lead to modification or call-in of the local plan for Scottish ministers' own decision.
In respect of the Moray Council Local Plan the appointed reporter is currently working on his finalised report which is likely to be submitted to the council in summer 2008. I can however say that issues were raised by some local plan objectors regarding flood risk matters, including reference to current national planning policy and guidance on flooding and its relevance to development plan policies for flood risk areas. The council has proposed changes to the finalised plan in response to selected concerns raised by objectors. Accordingly, these and related sustainability issues did feature in both the informal hearings and formal sessions of this local plan inquiry and so will be reported by the reporter in due course as part of his overall report, conclusions and recommendations to the council.
With regard to the Aberdeen City Local Plan, objections relating to flooding were made. The topic Planning and Flooding may be found on pages 43 to 51 of chapter 16 of the report into objections to the plan. Coastal flooding also arose in a site-specific instance in regard to land at Seaton. From the report, it will be seen that references are made to Scottish Planning Policy 7: Planning and Flooding, to Planning Advice Note 61: Planning and Sustainable Urban Drainage Systems and to Planning Advice Note 69: Planning and Building Standards Advice on Flooding. The inquiry was aware that the Scottish Environment Protection Agency had prepared new flood maps (referred to at the inquiry as second generation flood maps). At the time of the inquiry, these maps had not been published and were thus not submitted to the inquiry. The recommendations made by the reporters, to the planning authority, did take full account of national guidance.
- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
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Date lodged: Monday, 03 March 2008
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Current Status:
Answered by Michael Russell on 19 March 2008
To ask the Scottish Executive whether it is standard procedure not to take minutes of conversations between the Minister for Environment and the Scottish Environment Protection Agency in relation to any planning application.
Answer
The Scottish Government does not have a corporate policy or standard procedures on minuting conversations.