Seòmar agus comataidhean

A strategic environmental assessment (SEA) of the offshore wind support component of the National Renewables Infrastructure Plan (N-RIP) was undertaken, in accordance with the Environmental Assessment (Scotland) Act 2005, and the Environmental Report was published for consultation in September 2010.

Habitats Regulations Appraisal (HRA) of the N-RIP was completed in early 2011. The conclusions of the HRA were that the N-RIP would not affect the integrity of Natura sites/interests. However, this conclusion is dependent on the mitigation measures identified in the SEA Environmental Report being implemented during project delivery.

Any projects progressed at the sites identified in the N-RIP will be subject to screening under the relevant environmental impact assessment (EIA) regulations and, where a likely significant environmental impact is anticipated, an EIA will be undertaken.

(a) The existing legislation, the Allotment (Scotland) Act 1922, does not preclude the sale of surplus produce from an allotment.

(b) In community gardens, the sale of small quantities of surplus produce is not prohibited by specific legislation on community gardens or allotments. However, any Local Authority bye-laws applicable in the area of the allotment and the terms of the lease should be considered and the consequences of the sale arrangement in terms of tax, rates, insurance, health and safety, food hygiene, traceability of produce, designation of land use, potential security of tenure as an agricultural holding and any other legal consequences which may flow from that arrangement should be considered.

The Greenspace Scotland’s report Community Growing in Scotland – Towards a Framework for Action was commissioned by the Scottish Government to underpin the work of the Grow-Your-Own Working Group. The Working Group are using the Greenspace report to help them take the lead role in delivering their recommendations. The recommendations put forward by the Grow-Your-Own Working Group are to focus the groups activities and the group remain open and inclusive to ensure that the recommendations can be implemented.

The Scottish Government is currently looking into a range of ways of addressing this manifesto commitment.

I refer the member to the answer to question S4W-01095 on 11 July 2011. 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.

Local authorities have access to information produced either by organisations commissioned by the Scottish Government or by organisations who have worked closely with local authorities and COSLA to help them formulate their strategies.

We intend to publish a National Planning Framework Monitoring Report after the summer recess. An announcement on the revision of the National Planning Framework will be made at that time.

I refer the member to the answer to question S4W-01095 on 11 July 2011. 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.

I refer the member to the answer to question S4W-01022 on 11 July 2011. 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.

Following changes made by the Planning etc. (Scotland) Act 2006, section 16 of Town and Country Planning (Scotland) Act 1997 requires planning authorities to take account of the National Planning Framework in preparing their local development plans.

Section 25 of the Act requires planning applications to be determined in accordance with the development plan unless material considerations indicate otherwise. If the planning application is for a national development, Section 25 also requires the determination to be made in accordance with any statement in the National Planning Framework expressed as applying for the purposes of development management to the effect that the development could or should occur, unless material considerations indicate otherwise. Statements in the National Planning Framework which do not fall into that category are to be treated as material considerations.

In the event of any incompatibility between the National Planning Framework and the development plan, whichever of them is the later in date is to prevail.