- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
-
Date lodged: Monday, 28 January 2008
-
Current Status:
Answered by Michael Russell on 25 February 2008
To ask the Scottish Executive whether the conversation between the Scottish Environment Protection Agency and the Minister for Environment regarding the planning application in Aviemore in which Mr Donald Macdonald had an interest was arranged by the minister’s private secretary.
Answer
My initial discussions with the Chief Executive of the Scottish Environment Protection Agency concerning the Aviemore planning applications were arranged by my Private Secretary.
- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
-
Date lodged: Monday, 28 January 2008
-
Current Status:
Answered by Michael Russell on 25 February 2008
To ask the Scottish Executive whether ministers considered using powers of direction over the Scottish Environment Protection Agency when considering the planning application in Aviemore in which Mr Donald Macdonald had an interest.
Answer
Scottish ministers did not consider using powers of direction over the Scottish Environment Protection Agency in relation to SEPA''s role as statutory consultee for the planning applications submitted by Aviemore Highland Resort Ltd.
- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
-
Date lodged: Monday, 28 January 2008
-
Current Status:
Answered by Michael Russell on 25 February 2008
To ask the Scottish Executive whether the conversation between the Minister for Environment and the Scottish Environment Protection Agency in relation to the planning application in Aviemore in which Mr Donald Macdonald had an interest was minuted and, if so, whether it will release the minute.
Answer
No minute was taken of my conversations with the Scottish Environment Protection Agency on 7 December 2007 in relation to the Aviemore planning applications.
- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
-
Date lodged: Monday, 28 January 2008
-
Current Status:
Answered by Michael Russell on 25 February 2008
To ask the Scottish Executive what the accountability mechanisms are from the Scottish Environment Protection Agency (SEPA) to ministers and what documents set out the relationship between ministers and SEPA.
Answer
I refer the member to the answer to question S3W-9056 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.
- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
-
Date lodged: Monday, 28 January 2008
-
Current Status:
Answered by Michael Russell on 25 February 2008
To ask the Scottish Executive whether ministers have powers of direction over the Scottish Environment Protection Agency and, if so, whether these powers have ever been used and, in particular, in any planning matters.
Answer
The Scottish ministers have powers under various pieces of legislation to issue directions to the Scottish Environment Protection Agency in relation to the exercise of its functions. These powers are used regularly and cover a range of matters falling within SEPA''s remit. No direction has been issued concerning the exercise of SEPA''s functions relating specifically to planning matters.
- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
-
Date lodged: Monday, 28 January 2008
-
Current Status:
Answered by Michael Russell on 25 February 2008
To ask the Scottish Executive on how many occasions since May 2007 the Minister for Environment has raised with the Scottish Environment Protection Agency operational matters in relation to its independent statutory role in individual planning applications and in relation to which applications.
Answer
I have never raised operational matters with the Scottish Environment Protection Agency in relation to SEPA''s statutory role and advice on individual planning applications. I have, on occasion, discussed matters of process, procedure and timescales with SEPA.
- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
-
Date lodged: Monday, 28 January 2008
-
Current Status:
Answered by Michael Russell on 25 February 2008
To ask the Scottish Executive what procedures ministers would normally be expected to follow before considering any direction to an independent non-departmental public body or other agency.
Answer
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.
- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
-
Date lodged: Monday, 28 January 2008
-
Current Status:
Answered by Michael Russell on 25 February 2008
To ask the Scottish Executive whether it would be appropriate or normal for a minister to seek to instruct an independent non-departmental public body or other agency on the basis of a telephone call where the minister had neither sought nor received formal advice prior to making that call.
Answer
Within the scope of relevant legislation and in appropriate circumstances, Scottish ministers have the ability to require a body to take a particular action or pursue a particular area of work. This ability is part of the long established framework of governance and accountability to which non-departmental public bodies operate.
- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
-
Date lodged: Monday, 28 January 2008
-
Current Status:
Answered by Michael Russell on 25 February 2008
To ask the Scottish Executive whether it is the Scottish Environment Protection Agency (SEPA) or ministers that are responsible for advice to planning authorities on individual planning applications when SEPA is acting in its independent statutory role.
Answer
As a statutory consultee in the planning process, the Scottish Environment Protection Agency has responsibility for providing advice directly to planning authorities.
- Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
-
Date lodged: Monday, 28 January 2008
-
Current Status:
Answered by Michael Russell on 25 February 2008
To ask the Scottish Executive whether the Scottish Environment Protection Agency has specific statutory responsibilities that it carries out in relation to planning matters and, if so, what these responsibilities are.
Answer
The Scottish Environment Protection Agency is a statutory consultee for developments identified under the Town and Country Planning (General Development Procedure) (Scotland) Order 1992, as amended, and for planning applications requiring environmental impact assessments under the Environmental Impact Assessment (Scotland) Regulations 1999. SEPA also provides advice to planning authorities on environmental aspects which are material planning considerations. In addition, SEPA has a statutory duty under the Environment Act 1995, if requested by a planning authority, to provide advice on the risk of flooding in any part of the authority''s area.
