Chamber and committees

Officials are currently working on a section 104 Order under the Scotland Act 1998 to make provision in consequence of the Title Conditions (Scotland) Act 2003 for the development management scheme.

The development management scheme will create a new form of corporate body to form the owners'' association which will run a development in accordance with the terms of the scheme. The creation and regulation of such a corporate body is in terms of the Scotland Act 1998 reserved to the Westminster Parliament.

The scheme is intended for use in larger, more complex developments. The Tenement Management Scheme in the Tenements (Scotland) Act 2004 already applies to all tenement property in Scotland. This ensures that all tenements in Scotland benefit from default rules which allow for management and maintenance to be carried out by a majority of owners where this is not provided for in the title deeds.

My officials are in consultation with the Scotland Office and the intention is to ask UK Ministers to lay the s104 Order in the spring.

I refer the member to the answer to question S3W-9311 on 19 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.

Officials are in discussion with their counterparts at the Scotland Office, the Department for Business, Enterprise and Regulatory Reform and the Office of the Solicitor to the Advocate General on the terms of the section 104 Order to implement the development management provisions in the Title Conditions (Scotland) Act 2003.

I refer the member to the answer to question S3W-9311 on 19 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.

The construction of the railwayis due to be completed in spring 2008 and available for the operation of freighttrains following a period of commissioning and driver training in summer 2008.

As agreed in the jointconcordat, the support for floodprevention and coast protection is one of the grants which has been rolled up as part of the Local Government Settlement for2008-11. Allocations to authorities took account of both the flood risk to be managed in its area and floodmanagement measures already underway.

Falkirk Council’s total support for capital is £18.384 million for 2008-09. It is the responsibility of FalkirkCouncil to allocate the total financial resources available to it on the basis oflocal needs and priorities having first fulfilled its statutory obligations andthe jointly agreed set of national and local priorities.

Flood prevention grant of £648,279was allocated in 2007-08 for the Bo’ness Foreshore Flood Prevention Scheme 2006.

Donepezil, galantamine and rivastigmineare recommended as options for the treatment of moderate Alzheimer’s disease inNHS Scotland.

Learning out of doors is beingpromoted as part of the Scottish Government’s curriculum review. Outdoor learninghas a clear contribution to make towards the Scottish Government’s national outcomethat all our young people should be successful learners, confident individuals,effective contributors and responsible citizens. HM Inspectorate of Education havealso emphasised the value of well planned outdoor education experiences.

Officials are currently developingproposals on how we might build on best practice and strengthen the opportunitiesfor young people to participate in outdoor education. We have continued to funda Learning and Teaching Scotland project which aims to encourage teachers to takechildren outside to learn.

The consultation draftof SPP 11 was published in August 2006. Although there was support in principlefor statutory consultation on development affecting non-sporting greenspace, therewas little support for consultation with Greenspace Scotland or Scottish Natural Heritage as was proposed. Neither of these two organisationssupported the proposal. Scottish ministers do not consider that there is at presenta suitable body with the responsibilities and resources to act as a statutory consulteefor the wide range of non-sporting greenspace.

SPP 11 encouragesconsultation with appropriate local and national interests, both on developmentproposals and, crucially, in the development of the local open space strategy. Anyproposals involving the loss of protected open space will ultimately require tobe notified to Scottish ministers before planning permission may be issued.

The requirement onevery Scottish local authority to prepare an open space audit and strategy is containedin Scottish Planning Policy (SPP) 11: Open Space and Physical Activity, publishedNovember 2007. SPP 11 makes it clear that all local authorities should startnow to ensure that an audit and strategy is prepared for their areas. Once prepared,the audit and strategy must be reviewed on a regular five year cycle to link withand inform preparation of the statutory development plan.