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It is a matter for Aberdeenshire Council, as planning authority, to consider all significant environmental effects likely to arise from the proposed development and ensure the requirements of the regulations are complied with prior to the grant of any planning consent.

Any breaches of regulatory consents are a matter for the relevant consenting authority.

Enforcement action is primarily a matter for the relevant planning authority.

None.

There are a wide range of enforcement powers available to planning authorities under The Town and Country Planning (Scotland) Act 1997 (as amended by the Planning etc (Scotland) Act 2006) to enable them to ensure compliance with planning control and to remediate the effects of any unauthorised development. Details of the available powers and guidance on their use is set out in Planning Circular 10/2009: Planning Enforcement, published online at: http://www.scotland.gov.uk/Publications/2009/09/16092848/0.

It is for the relevant planning authority, once they have determined that a breach of planning control has occurred to determine what power, or combination of powers, it is appropriate to use to secure compliance with planning control. Scottish Ministers have no authority under planning legislation to intervene in such decisions.

Monitoring and enforcement of planning conditions are matters for the relevant planning authority. The Scottish Government has not had any discussions with Aberdeenshire Council regarding enforcement matters relating to this development.

Provision is already made by Scottish Statutory Instrument to widen standing for any non-governmental organisation bringing a case within the scope of the EU Public Participation Directive (2003/35/EC).

We are currently considering the judgment of the Supreme Court in the AXA General Insurance case and whether this may require further legislation to widen standing in public interest cases more generally.

As part of the wider work to implement civil courts reform following the recommendations of the Scottish Civil Courts Review, an options paper on establishing an environmental court will be published during this administration.

The Scottish Government has been working toward consulting on proposals for court rules on Protective Expenses Orders alongside the other UK jurisdictions. Scottish Ministers are currently considering the detail of proposals for consultation and intend to submit a paper on options to the Court of Session Rules Council in early 2012.

I delivered a speech on homophobic hate crime at a vigil organised by the NUS Scotland LGBT Campaign. The vigil was to mark International Day Against Hate Crime and it was held outside Edinburgh City Chambers on the evening of 28 October 2011.