Chamber and committees

A joint COSLA/Scottish Government panel was established to evaluate the seven flood protection scheme applications received. The two successful applications are set out in the following table.

The five unsuccessful applications are set out in the following table.

Two of the unsuccessful schemes are the subject of an ongoing appeal.

At the strategic plan level, a Strategic Environmental Assessment and a Habitats Regulations Appraisal of Marine Scotland’s forthcoming plans for offshore renewables, under the Environmental Assessment (Scotland) Act 2005 and the Conservation (Natural Habitats, &c.) Regulations as amended, have been undertaken and have considered the potential for cumulative impacts with plans and projects outwith Scotland on Scottish wildlife sites.

The need for a cumulative impact assessment is also laid down in the Environmental Impact Assessment Directive 2011/92/EU which requires that the impacts of a project be assessed ‘cumulatively’ with other projects. When assessing an offshore wind farm application and its cumulative impact on European protected wildlife sites, the Scottish Ministers, as the competent authority, must undertake an appropriate assessment. Within this assessment, the Conservation (Natural Habitats, &c.) Regulations 1994 require that the in-combination impacts (e.g. with other developments both inside and outside Scottish waters) are fully considered. Previous examples of appropriate assessments for consented offshore wind projects can be viewed on the Marine Scotland website.

The Scottish Government has ongoing discussions with the UK, European Commission and EU member states on marine issues, including renewables and protected wildlife sites. While the issue of windfarms outwith Scottish waters impacting protected sites in Scotland has not been specifically discussed, current evidence suggests that there are no significant impacts associated with this issue.

However, to ensure the Habitats Regulations Appraisal process is comprehensive, regular discussions do occur on this issue between the respective statutory nature conservation bodies.

Offshore wind farm consents issued by the Scottish Ministers contain stringent conditions which the developer must comply with. These conditions include requirements for the developer to monitor the impact on the likes of birds, marine mammals, fish and benthic communities. The Scottish Ministers will also form independent regional and strategic advisory groups (including importantly, but not exclusively, members from ornithological, fishing, fisheries and marine mammal organisations) for the purpose of advising ministers on research, monitoring and mitigation programmes. Consent conditions will require developers to contribute to these groups. An iterative sectoral plan review process ensures that the results of environmental assessments and monitoring of wind farms developments, alongside a programme of relevant scientific research, will inform future strategic plans for offshore wind in Scottish territorial waters.

Scottish Planning Policy (SPP) is currently under review, but the draft SPP, published for consultation in April 2013, proposed that where peat and other carbon rich soils are present, planning applicants should assess the likely effects of development on carbon dioxide emissions (paragraph 134). The finalised SPP is due for publication in June 2014.

Scottish Ministers already require a carbon assessment to be undertaken for wind farm proposals on peatland where these applications are with Scottish Ministers for determination.

At the 18 March 2014 parliamentary debate on the Proposed National Planning Framework 3, it was confirmed that Scottish Planning Policy is the appropriate place to deal with wild land with a reference to the issue in the finalised National Planning Framework.

The finalised National Planning Framework 3 and Scottish Planning Policy to be published in June 2014, will clarify our position on wild land.

The National Planning Framework 3 Main Issues Report, published in April 2013, explained why national development status was no longer considered to be needed for several national developments identified in National Planning Framework 2 (NPF2). The NPF2 Monitoring Report, published in 2012, also provided an update on progress in delivering all of the national developments that were included in NPF2.

A range of expert academic and professional advice informing the preparation of National Planning Framework 3 and Scottish Planning Policy is either already in the public domain or is being given further consideration by the Scottish Government ahead of publication of both policies June 2014. The reporting arrangements and times for this work varies.

The Infrastructure and Capital Investment Committee’s report on its consideration of the Proposed National Planning Framework 3 recognised the importance of good surface access systems for airports. We will consider all of the Parliament’s recommendations in finalising National Planning Framework 3.

Proposals for unconventional gas extraction in Scotland will be studied on their merits. Each proposal will be considered through the normal planning process and the appropriate regulatory regimes including the Scottish Environmental Protection Agency’s guidance on the regulation of shale gas and coal bed methane published December 2012.

There are no proposals which involve the use of hydraulic fracturing techniques in Scotland at this time. The Scottish Government will follow a rigorous, evidence-based approach in the development and deployment of this technology.