Chamber and committees

I met the Convenor and the Chief Executive of the Cairngorms National Park Authority on 5 December 2007 to discuss their plans for taking forward the business of the authority over the coming year. In the course of this meeting the convenor referred to the significant media and local interest, including local MSP interest, in the Aviemore planning applications and informed me how the matter was being handled by the authority.

On 7 December I discussed with the Chief Executive of the Scottish Environment Protection Agency the process and timescales for SEPA''s work assessment with the Aviemore planning applications.

The Minister for Community Safety, acting in his capacity as constituency MSP, has raised issues with different public agencies concerning the Aviemore planning applications on a number of occasions.

The Cabinet Secretary for Rural Affairs and the Environment raised issues with his officials in the light of correspondence from the constituency MSP on 29 November 2007. Officials were subsequently in touch with SEPA.

The procedures to be followed prior to ministers issuing any direction to a  non-departmental public body or other public agency, including any requirement to consult affected parties or publish the direction, are normally set out in the relevant legislation. Different procedures apply depending on the statutory powers under which the direction is being made.

All non-departmental public bodies are required to work to, and be aware of, the Scottish Government''s strategic priorities and objectives. They operate with a degree of independence and flexibility in areas of work where direct hands on control would be inappropriate.

I had obtained advice from officials on the general position in relation to the Scottish Environment Protection Agency''s responses to the Aviemore planning applications. However, having received urgent representations from parliamentarians from four different parties expressing concern over these applications, I decided to contact the agency to check there were no misunderstandings or matters of process for SEPA that were unnecessarily holding up proper consideration of the applications. Such actions are wholly consistent with the desire of this administration to improve the process of government and to give a better service to the people of Scotland. I believe I would have been in dereliction of my duties as a minister had I not done so.

I first spoke to the Chief Executive of the Scottish Environment Protection Agency during the morning of Friday 7 December 2007. I spoke to the Agency again, in the person of its Chief Executive, some hours later when he updated me on the issues in questions.

The Scottish Environment Protection Agency prioritises responses to planning consultations primarily according to environmental risk, but also takes into account sustainable development considerations. To meet planning authorities'' deadlines, SEPA will also deal with some consultations more rapidly than others.

SEPA gives high-priority to flood risk assessments for developments of a scale and nature such as that proposed at Aviemore in an area already prone to flooding. In the case of the Aviemore planning applications, SEPA also took account of the Cairngorms National Park Authority''s deadlines and the need to provide for the sustainable development of the region, including the particular financial and employment imperatives involved, as part of SEPA''s overall consideration of the applications.

I refer the member to the answer to question S3W-9048 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.

Between 29 November and 14 December 2007, the First Minister, the Cabinet Secretary for Rural Affairs and I raised various issues with officials including the Chief Planner in the Scottish Government about the facts surrounding letters received from parliamentarians from four different parties concerning the Aviemore planning applications and the need to check with the Scottish Environment Protection Agency whether there were any misunderstandings or matters of process that were unnecessarily delaying proper consideration of these applications>.

The Minister for Community Safety, acting in his capacity as constituency MSP, met with representatives of Mr Donald Macdonald on a number of occasions.

Th Minister for Enterprise, Energy and Tourism met respresentatives of  Mr Macdonald in Aviemore on 26 October 2007.

Representations concerning the Aviemore planning applications were received in the First Minister''s Office from:

- Mary Scanlon MSP in a letter dated 6 December 2007, delivered by hand and received electronically on 6 December, and notified to the First Minister immediately, and

- Rhoda Grant MSP in a letter dated 6 December 2007, received electronically on 6 December, and notified to the First Minister immediately.

The First Minister discussed these letters on 6 December with the constituency member, Fergus Ewing MSP, who also made representations.

In addition Danny Alexander MP wrote to the First Minister in a letter dated 11 December, received by fax on 12 December, and notified to the First Minister on the same day.

Each of the above also made representations direct to other ministers and to others.

On 6 December 2007 Mary Scanlon MSP made written and verbal representations to the Cabinet Secretary for Rural Affairs and the Environment and to the Minister for Environment, as did Rhoda Grant MSP. On 6 December John Farquhar Munro MSP made verbal representations to these ministers.

Mary Scanlon, Rhoda Grant and Danny Alexander wrote to other individuals and agencies including SEPA whose then chairman, Sir Ken Collins, was contacted by mail in letters dated 6 December 2007. Rhoda Grant drew attention in her letter to Sir Ken Collins to the fact that she had also written to the Cabinet Secretary for Rural Affairs and the Environment, and to the Chief Executive of SEPA, Campbell Gemmell.

Mary Scanlon MSP and Danny Alexander MP were also in direct contact with Tom Inglis, SEPA''s Head of Environmental Protection and Improvement (North) concerning the Aviemore development and SEPA''s processing of the flood risk assessments.

As the constituency MSP Fergus Ewing MSP wrote to Richard Lochhead, Cabinet Secretary for Rural Affairs and the Environment on 29 November and 6 December and was in touch with the various agencies involved.