- Asked by: Jamie Hepburn, MSP for Cumbernauld and Kilsyth, Scottish National Party
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Date lodged: Wednesday, 22 June 2011
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Current Status:
Answered by John Swinney on 21 July 2011
To ask the Scottish Executive whether the title deeds for private property are a matter of public record.
Answer
Title to private heritable property in Scotland is recorded in one of two national registers of land ownership namely the Register of Sasines and the Land Register of Scotland. The Land Register of Scotland covers more recent transfers of property ownership and ultimately title to all heritable property in Scotland will be included in that register. Information held in both registers is available to the public on payment of a fee.
- Asked by: Jamie Hepburn, MSP for Cumbernauld and Kilsyth, Scottish National Party
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Date lodged: Wednesday, 22 June 2011
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Current Status:
Answered by Kenny MacAskill on 1 July 2011
To ask the Scottish Executive how many appeals of a determination by the Pensions Ombudsman have been heard by the Court of Session.
Answer
This question relates to operational matters that are the responsibility of the Scottish Court Service (SCS) corporate body. The question has been passed to the Chief Executive of the SCS who will reply in writing.
- Asked by: Jamie Hepburn, MSP for Cumbernauld and Kilsyth, Scottish National Party
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Date lodged: Friday, 17 June 2011
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Current Status:
Answered by Aileen Campbell on 30 June 2011
To ask the Scottish Executive what regulations there are on the minimum space between a dwelling and a property boundary where the dwelling does not extend to the edge of the property; what guidance there is, and whether the regulations can be applied retrospectively.
Answer
Planning legislation places no requirements on minimum space between a dwelling and a property boundary, though such considerations may be relevant to a planning authority when determining a particular application for planning permission. Scottish Government planning policy is that proposals for infill housing sites should respect the scale, form and density of the surroundings and enhance the character and amenity of the community:
http://www.scotland.gov.uk/Publications/2010/02/03132605/0.
Paragraph 2.6 to Schedule 5 of the Building (Scotland) Regulations 2004 states that "every building must be designed and constructed in such a way that in the event of an outbreak of fire within the building, the spread of fire to neighbouring buildings is inhibited”. Guidance is included in related technical handbooks.
Planning authorities have enforcement powers to apply the requirements of a planning permission or permitted development right to a particular development and similarly local authorities have enforcement powers under building standards legislation.
- Asked by: Jamie Hepburn, MSP for Cumbernauld and Kilsyth, Scottish National Party
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Date lodged: Friday, 17 June 2011
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Current Status:
Answered by Roseanna Cunningham on 24 June 2011
To ask the Scottish Executive what legal restrictions there are on the height that a hedge can be grown when it is at the boundary of an adjacent property.
Answer
There are currently no legal restrictions in Scotland governing the height of hedges grown on the boundary of adjacent properties.
- Asked by: Jamie Hepburn, MSP for Cumbernauld and Kilsyth, Scottish National Party
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Date lodged: Friday, 17 June 2011
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Current Status:
Answered by Roseanna Cunningham on 24 June 2011
To ask the Scottish Executive what non-court action can be taken by a property owner whose title deeds allow a reasonable right of access to an adjacent property but who is denied this by the other property's owner.
Answer
Individuals in dispute with their neighbours can, if both parties are willing, reach a private agreement to resolve the matter. If this is not possible, the use of a mediation service may help if both parties are willing to participate. Mediation can bring parties in dispute together to talk through the issues and to come to a satisfactory conclusion for both parties.
- Asked by: Jamie Hepburn, MSP for Cumbernauld and Kilsyth, Scottish National Party
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Date lodged: Monday, 20 June 2011
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Current Status:
Taken in the Chamber on 23 June 2011
To ask the First Minister what the Scottish Government's response is to the reported concerns of the Scottish Chambers of Commerce that any legacy for Scotland from the 2012 Olympic Games will be "absolutely minimal".
Answer
Taken in the Chamber on 23 June 2011
- Asked by: Jamie Hepburn, MSP for Cumbernauld and Kilsyth, Scottish National Party
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Date lodged: Thursday, 02 June 2011
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Current Status:
Answered by Keith Brown on 15 June 2011
To ask the Scottish Executive whether the owners of the homes affected must unanimously agree a maintenance plan, or if a majority will suffice, when a maintenance order pertaining to a communally owned property is issued under the Housing (Scotland) Act 2006.
Answer
Home owners are responsible for the maintenance of their property. Under Part 1 of the Housing (Scotland) Act 2006, local authorities can issue a maintenance order requiring owners to prepare a maintenance plan to ensure houses are maintained to a reasonable standard. The plan must be submitted to the local authority for approval. Where property is communally owned and there are three or more owners, the local authority may approve a plan only if a majority of owners are content with it. If owners cannot agree a plan, or a plan is unsuitable, the local authority can substitute its own plan. Owners have a right of appeal to the Sheriff if they are unhappy with a decision to approve or devise a maintenance plan.
The Scottish Government has published guidance for local authorities on the use of maintenance orders. This is available at:
www.scotland.gov.uk/Publications/2009/03/25154634/0.
- Asked by: Jamie Hepburn, MSP for Cumbernauld and Kilsyth, Scottish National Party
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Date lodged: Wednesday, 08 June 2011
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Current Status:
Taken in the Chamber on 16 June 2011
To ask the Scottish Executive what steps it is taking to support tourism in Cumbernauld and Kilsyth.
Answer
Taken in the Chamber on 16 June 2011
- Asked by: Jamie Hepburn, MSP for Central Scotland, Scottish National Party
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Date lodged: Friday, 18 February 2011
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Current Status:
Answered by Richard Lochhead on 11 March 2011
To ask the Scottish Executive what discussions it has had with the UK Government regarding the North Sea sector boundary between Scotland and England as defined in the Scottish Adjacent Water Boundaries Order 1999.
Answer
The Scottish Executive approached the Department for Environment, Food and Rural Affairs (Defra) in 2009 seeking a review of the boundary. At that time Defra indicated that they had no plans to review the boundary.
- Asked by: Jamie Hepburn, MSP for Central Scotland, Scottish National Party
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Date lodged: Friday, 18 February 2011
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Current Status:
Answered by Richard Lochhead on 11 March 2011
To ask the Scottish Executive what it considers the impact has been of the Scottish Adjacent Waters Boundaries Order 1999.
Answer
The Scottish Adjacent Waters Boundaries Order 1999 was controversially made under section 126(2) of the Scotland Act 1998, as part of the devolution settlement, in order to establish a boundary between the waters within British fishery limits that are adjacent to Scotland, and those that are adjacent to other parts of the United Kingdom, most notably in relation to sea fisheries. The boundaries set out in the Order were replicated in the Renewable Energy Zone (Designation of Area) (Scottish Ministers) Order 2005, and later used to define the Scottish Marine Area in the Marine (Scotland) Act 2010.