- 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 evidence to Aberdeen City Council’s public local inquiry in May 2006 and to Moray Council’s public local inquiry in November 2007 complied with its statutory duty to promote sustainable flood management and, if so, in what way and whether that evidence 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 whether the Scottish Environment Protection Agency’s (SEPAs) evidence to Aberdeen City Council’s public local inquiry in May 2006 and to the Moray Council public local inquiry in November 2007 complied with the rules and guidelines relevant to the exercise of SEPA’s functions, duties and powers, as set out in the Management Statement drawn up by the Scottish Executive Environment and Rural Affairs Department 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 reporter’s advice to ministers on Aberdeen City Council’s public local inquiry in May 2006 and Moray Council’s local plan public local inquiry in November 2007 have been considered by ministers and, if so, what conclusions were reached in each case.
Answer
Responsibility for the preparation and adoption of local plans lies with the planning authority for the relevant area. The planning authority is responsible, where necessary, for appointing a reporter to hold a public local inquiry. The reporter''s report and recommendations are for the planning authority to consider, not Scottish ministers. It is for the planning authority to decide whether to accept or reject the reporter''s findings and recommendations.
- 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.
- 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 under what legislation a minister can seek to instruct a non-departmental public body on the basis of a telephone call in which the minister has neither sought nor received formal advice prior to making the call, showing the relevant section of such legislation.
Answer
Ministerial powers of direction are specific to the organisations to which they apply and are normally contained in the relevant enabling legislation. The way in which directions can be invoked varies depending on the individual circumstances and context.
- 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 for a minister to call the chief executive of a non-departmental public body, such as the Scottish Environment Protection Agency, to check that there are no misunderstandings with matters of process.
Answer
It is within the scope of ministers'' duties to contact any non-departmental public body for which they are responsible, in appropriate circumstances and within the scope of the relevant legislation, to ensure there are no matters of process or procedure that might be preventing or impeding the efficient running of that organisation. This is entirely consistent with the long established framework of governance and accountability to which non-departmental bodies operate and the desire of this administration to provide a better service to the people of Scotland.
- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
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Date lodged: Wednesday, 20 February 2008
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Current Status:
Answered by John Swinney on 18 March 2008
To ask the Scottish Executive whether it will detail each occasion on which the Minister for Community Safety made use of the Government Car Service during (a) October, (b) November and (c) December 2007.
Answer
The information requested is detailed below.
Date | Collection Point | Destination |
2 October 2007 | Personal Address | 149-151 Dunkeld Road |
| 149-151 Dunkeld Road | SAH |
3 October 2007 | SAH | Parliament |
| Personal Address | Royal Britannia |
| Royal Britannia | Personal Address |
4 October 2007 | Personal Address | Personal Address |
8 October 2007 | Personal Address | Hilton Hotel |
| Hilton Hotel | Personal Address |
17 October 2007 | Personal Address | Fort William Station |
| Fort William Station | Personal Address |
23 October 2007 | Personal Address | Signpost Forth Valley / Unit 2 |
| Signpost Forth Valley / Unit 2 | SAH |
| Personal Address | Bute House |
| Bute House | Personal Address |
24 October 2007 | Personal Address | Business Crime Centre |
| Business Crime Centre | Parliament |
25 October 2007 | Personal Address | 8 West Pilton Gardens |
| 8 West Pilton Gardens | Personal Address |
8 November 2007 | Personal Address | Sheraton Grand Htl |
| Sheraton Grand Htl | Parliament |
12 November 2007 | PERSONAL ADDRESS | Ballantyne House |
| BALLANTYNE HOUSE | Personal Address |
| PERSONAL ADDRESS | Personal Address |
13 November 2007 | Personal Address | Crieff Hydro |
| Crieff Hydro | Saltcoats Police Station |
| Saltcoats Police Station | Ardrossan Academy |
| Ardrossan Academy | Ardrossan Fire Station |
| Ardrossan Fire Station | Michael Lynch Centre |
| Michael Lynch Centre | Braidwoods Restaurant |
| Braidwoods Restaurant | 1A Bridgend / Kilbirnie |
| Radio City | Personal Address |
14 November 2007 | Personal Address | Dunblane Hydro |
| Dunblane Hydro | Jurys Inn |
| Jurys Inn | Parliament |
15 November 2007 | Personal Address | Personal Address |
17 November 2007 | Personal Address | Personal Address |
18 November 2007 | Personal Address | BBC Pacific Quay |
| BBC Pacific Quay | Personal Address |
19 November 2007 | Personal Address | Polmont YOI |
| Polmont YOI | Personal Address |
| Personal Address | Glasgow City Chambers |
| Glasgow City Chambers | Personal Address |
20 November 2007 | Personal Address | Ballikinrain School |
| Ballikinrain School | Personal Address |
26 November 2007 | Personal Address | Parish Hall / 266 George St |
| Parish Hall / 266 George St | Personal Address |
27 November 2007 | Personal Address | Personal Address |
| Edinburgh Castle | Personal Address |
28 November 2007 | Personal Address | Barony Hall |
| Barony Hall | Parliament |
29 November 2007 | Parliament | Scotsman Hotel |
| Scotsman Hotel | Parliament |
| Personal Address | Personal Address |
30 November 2007 | Personal Address | Aviemore Primary School |
| Aviemore Primary School | Culloden Visitor Centre |
| Culloden Visitor Centre | Highland Council |
| Personal Address | Nairn Academy |
| Nairn Academy | Personal Address |
04 December 2007 | Personal Address | Saughton Prison |
| Saughton Prison | SACRO, 25 Nicholson SQ |
| SACRO, 25 Nicholson SQ | 29-31 Alva St |
| 29-31 Alva St | SAH |
05 December 2007 | SAH / CAR SHARE MW | Parliament |
06 December 2007 | Personal Address | Personal Address |
10 December 2007 | Personal Address | NCH / Station Square |
| NCH / Station Square | Personal Address |
11 December 2007 | Personal Address | Beardmore Hotel |
| Beardmore Hotel | Roseberry House |
| Roseberry House | Thornton Fire Station |
| Thornton Fire Station | SAH |
| SAH | Bute House |
| Bute House | Personal Address |
12 December 2007 | Parliament | 28 Ferry Road |
| 28 Ferry Road | Parliament |
13 December 2007 | Personal Address | Personal Address |
17 December 2007 | Personal Address | NCH |
| NCH | HM Prison Inverness (Jail) |
| HM Prison Inverness (Jail) | Personal Address |
- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
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Date lodged: Tuesday, 04 March 2008
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Current Status:
Answered by Michael Russell on 17 March 2008
To ask the Scottish Executive how, in the context of paragraphs 6.7 to 6.12 of the Scottish Ministerial Code, the Minister for Community Safety differentiated between the interests of two competing developers in Aviemore.
Answer
The Scottish Government has provided a full and frank account of why ministers considered it important, following representations made by a cross-party group of MSPs and others, including the constituency member, to check that there was no failure of due process in relation to this application and actions undertaken as a result. If any member wishes to raise issues in relation to ministers'' actions in the context of the Scottish Ministerial Code, he or she should write to the First Minister.
- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
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Date lodged: Tuesday, 04 March 2008
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Current Status:
Answered by Michael Russell on 17 March 2008
To ask the Scottish Executive whether ministers are debarred from taking an active part in supporting a live planning application to the potential exclusion of another developer when the former has donated money to their campaign or political party.
Answer
I refer the member to the answers to questions S3W-10663 and S3W-10664 on 17 March 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.