Chamber and committees

I refer the member to the answer to question S4W-15013 on 29 May 2013. 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/Apps2/Business/PQA/Default.aspx.

The Scottish Government does not employ staff on zero hours contracts. Information as regards to other public sector organisations’ use of zero hours contracts is not held centrally.

The Scottish Government meets with the further and higher education sectors on a regular basis to discuss a number of issues.

We are unaware of any specific discussions with the sectors on the use of zero-hour contracts.

The Scottish Government does not hold this information.

Our further and higher education institutions are independent institutions with responsibility for their own staffing, admissions, subject provision, curriculum and research.

Sections 144A to 144D of the 1997 Town and Country Planning (Scotland) Act (introduced by the Planning etc. (Scotland) Act 2006) allow a planning authority to issue a temporary stop notice which takes effect immediately it is issued and, unlike a stop notice, does not require the accompanying issue of an enforcement notice.

A notice requiring a retrospective planning application may be issued where development requiring planning permission is involved.

Where a temporary stop notice or stop notice has not been complied with, a person breaching the notice may be liable to prosecution for a fine of up to £20,000 on conviction.

Additionally, I refer the member to the answer to question S4W-15006 on 28 May 2013. 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/parliamentarybusiness/28877.aspx.

Planning enforcement is the responsibility of the relevant planning authority. Under planning legislation a range of powers, including planning contravention notices, temporary stop notices, stop notices and enforcement notices exist for planning authorities to deploy in order to prevent developers from beginning or continuing work, all as set out in Scottish Government Planning Circular 10/2009.

Historic Scotland; the Scottish Government’s executive agency charged with safeguarding the nation’s historic environment is currently working with West Lothian Council, the Police, SEPA, and the Coal Authority to ensure a coordinated approach to the range of compliance issues at the Five Sisters.

The Scottish Government’s Planning and Architecture Division and, through its executive agency Historic Scotland, is aware of works being carried out at the Five Sisters bing.

On a site for the working of minerals of over 2 hectares, pre-application consultation for a period of 12 weeks would be required before a planning application could be submitted and considered by a planning authority.

Environmental impact assessment is mandatory for opencast mines of over 25 hectares. Below 25 hectares but where screened in for environmental impact assessment, it may be necessary to submit an environmental statement supporting a planning application.

Planning permission from the planning authority is required before opencast coal operators can begin extracting coal. Neighbour notification and public advertisement of the application is normally part of the process to be followed.

For an opencast coal site boundary falling within 500 metres from the edge of an existing community or sensitive establishment, the application would be notified to Scottish Ministers if the authority is minded to grant planning permission. Ministers would then decide whether to call the application in for their own determination. Ministers exercise this power sparingly and only where the proposal raises issues of national interest.

Normally a bond to ensure that site restoration can be properly financed, is secured by legal agreement before planning permission is discharged.

A licence from the Coal Authority is required for the mining of coal or for the digging and carrying away of coal during non-coal mining related activities (incidental coal).

It may be the case that a Controlled Activities Licence from SEPA is required to protect the water environment where diversion of, discharge to, or abstraction from a watercourse is involved. Other processes and consents would engage as necessary depending on the natural and built heritage or other characteristics of the site.

The Scottish Government’s position is that under the Ancient Monuments and Archaeological Areas Act 1979, its executive agency Historic Scotland wrote to the company carrying out the unauthorised opencast work on 8 May 2013 to halt all works within the Five Sisters scheduled area. Additional planning and enforcement issues are a matter for West Lothian Council.