- Asked by: Rachael Hamilton, MSP for Ettrick, Roxburgh and Berwickshire, Scottish Conservative and Unionist Party
-
Date lodged: Wednesday, 18 February 2026
-
Current Status:
Answered by Ivan McKee on 26 February 2026
To ask the Scottish Government, regarding applications for energy consents, whether it will (a) monitor the number of Public Local Inquiries held following implementation of the new process for considering these and (b) publish data on how frequently inquiries are granted following planning authority objections.
Answer
The Scottish Government will continue to monitor the number of Public Local Inquiries as part of our on going administration of the applications for energy consent process.
Information on energy consent applications and Public Local Inquiries will continue to be publicly accessible through the portals of the Energy Consents Unit and the Planning and Environmental Appeals Division (DPEA) respectively, ensuring continued transparency.
- Asked by: Rachael Hamilton, MSP for Ettrick, Roxburgh and Berwickshire, Scottish Conservative and Unionist Party
-
Date lodged: Wednesday, 18 February 2026
-
Current Status:
Answered by Ivan McKee on 26 February 2026
To ask the Scottish Government, regarding applications for energy consents, what consultation it has undertaken with (a) planning authorities and (b) local communities regarding the removal of the automatic Public Local Inquiry trigger.
Answer
Changes to the automatic Public Local Inquiry trigger for energy consent applications were consulted on by the UK Government in October and November 2024 as part of preparations for the then Planning and Infrastructure Bill. Details of the consultation outcome can be viewed at: Electricity infrastructure consenting in Scotland - GOV.UK.
This included engagement with planning authorities and opportunities for input from local communities through formal public consultation processes.
The Scottish Government intends to consult later this year on additional measures enabled by the Planning and Infrastructure Act 2025 which are intended to further improve the efficiency of application processing.
- Asked by: Rachael Hamilton, MSP for Ettrick, Roxburgh and Berwickshire, Scottish Conservative and Unionist Party
-
Date lodged: Wednesday, 18 February 2026
-
Current Status:
Answered by Ivan McKee on 26 February 2026
To ask the Scottish Government what assessment it has made of any impact on community participation and transparency of the removal of the automatic requirement for a Public Local Inquiry when a planning authority objects to an application under sections 36 or 37 of the Electricity Act 1989.
Answer
While the Scottish Government has not made a formal assessment, it is our expectation that community participation and transparency will not be reduced as a result of the removal of the automatic requirement for a Public Local Inquiry when a planning authority objects to an application under sections 36 or 37 of the Electricity Act 1989.
When a relevant planning authority objects to a section 36 or 37 application, the Scottish Ministers will appoint a reporter who can select the most appropriate examination procedure (written submissions, hearings, site inspections, or full inquiries) based on the specific circumstances of each case.
This follows the approach already in place under the Town and Country Planning (Scotland) Act 1997 and which is provided for in the Town and Country Planning (Appeals) (Scotland) Regulations 2013. By matching the examination method to the complexity of objections, legitimate concerns of communities will be fully evaluated in the most appropriate format, while helping to significantly reduce the end-to-end timelines of applications for energy consent.
- Asked by: Rachael Hamilton, MSP for Ettrick, Roxburgh and Berwickshire, Scottish Conservative and Unionist Party
-
Date lodged: Wednesday, 18 February 2026
-
Current Status:
Answered by Ivan McKee on 25 February 2026
To ask the Scottish Government, regarding applications for energy consents, what criteria reporters will use to determine whether a Public Local Inquiry should take place under the new reporter-led examination process.
Answer
Reporters appointed from the Planning and Environmental Appeals Division (DPEA) will be able to select from a range of procedures, from consideration of written submissions through to a full Public Local Inquiry. In line with other casework where similar procedural choices are available, reporters will apply the approach that is most proportionate, effective and efficient in gathering the information required to reach a decision or to make a recommendation to Scottish Ministers.
DPEA is currently updating its Code of Practice for the examination of applications made under the Electricity Act. This will provide guidance for both reporters and participants on the new processes. Stakeholders will be consulted on the draft Code of Practice prior to its adoption.
- Asked by: Rachael Hamilton, MSP for Ettrick, Roxburgh and Berwickshire, Scottish Conservative and Unionist Party
-
Date lodged: Wednesday, 18 February 2026
-
Current Status:
Taken in the Chamber on 25 February 2026
To ask the Scottish Government how much it has allocated in its draft Budget 2026-27 to support women in enterprise, including in the Scottish Borders.
Answer
Taken in the Chamber on 25 February 2026
- Asked by: Rachael Hamilton, MSP for Ettrick, Roxburgh and Berwickshire, Scottish Conservative and Unionist Party
-
Date lodged: Thursday, 05 February 2026
-
Current Status:
Answered by Mairi Gougeon on 13 February 2026
To ask the Scottish Government what opportunities there are for communities affected by a proposed development, such as the Center Parcs proposal in the Scottish Borders, to have representations considered by ministers once a byelaw application has been submitted for determination.
Answer
Section 202(7) of the Local Government (Scotland) Act 1973 makes provisions for any aggrieved party to object to Scottish Ministers, as confirming authority, within 12 weeks of the notice of intention to apply for confirmation of the byelaws having been made by the Local Authority. The period for representations to be made to Scottish Ministers regarding the proposed byelaws related to the Center Parcs development opened on 19 September 2025 and closed on 5th December 2025.
- Asked by: Rachael Hamilton, MSP for Ettrick, Roxburgh and Berwickshire, Scottish Conservative and Unionist Party
-
Date lodged: Thursday, 05 February 2026
-
Current Status:
Answered by Mairi Gougeon on 12 February 2026
To ask the Scottish Government how ministers ensure transparency in decision-making when determining byelaws under section 12 of the Land Reform (Scotland) Act 2003 that relate to land subject to ongoing development proposals.
Answer
As required by section 202(8) of the Local Government (Scotland) Act 1973, Scottish Ministers will consider all representations made with respect to any proposed byelaws and may if it is considered necessary or desirable require a local inquiry to be held to assist with the decision making process.
- Asked by: Rachael Hamilton, MSP for Ettrick, Roxburgh and Berwickshire, Scottish Conservative and Unionist Party
-
Date lodged: Thursday, 05 February 2026
-
Current Status:
Answered by Mairi Gougeon on 12 February 2026
To ask the Scottish Government what process ministers follow when considering byelaws submitted under section 12 of the Land Reform (Scotland) Act 2003, in cases linked to proposed large-scale tourism or leisure developments.
Answer
The process for Scottish Ministers to consider requests for the confirmation of byelaws made under section 12 of the Land Reform (Scotland) Act 2003 (“the 2003 Act”) is specified in section 12 of the 2003 Act and also sections 202 to 204 of the Local Government (Scotland) Act 1973.
- Asked by: Rachael Hamilton, MSP for Ettrick, Roxburgh and Berwickshire, Scottish Conservative and Unionist Party
-
Date lodged: Thursday, 05 February 2026
-
Current Status:
Answered by Mairi Gougeon on 12 February 2026
To ask the Scottish Government what (a) guidance and (b) criteria ministers apply when considering whether proposed boundaries in byelaws submitted under section 12 of the Land Reform (Scotland) Act 2003 are proportionate and applied consistently, including how any concerns regarding inequitable or inconsistent boundary definitions are assessed as part of the determination process.
Answer
The criteria for the making of byelaws which Scottish Ministers must consider when determining whether they should be confirmed are set out in section 12(1) of the Land Reform (Scotland) Act 2003 (2003 Act). This specifies that byelaws can be made to provide for:
1.The preservation of public order and safety
2.The prevention of damage
3.The prevention of nuisance or danger
4.The conservation or enhancement of natural or cultural heritage
There is no specific guidance which Ministers follow in determining whether to confirm proposed byelaws. However, as part of the evaluation, consideration will be given to the guidance contained in Part 1 Land Reform (Scotland) Act 2003 Guidance for Local Authorities and National Park Authorities as it relates to making byelaws under section 12 of the 2003 Act.
- Asked by: Rachael Hamilton, MSP for Ettrick, Roxburgh and Berwickshire, Scottish Conservative and Unionist Party
-
Date lodged: Thursday, 05 February 2026
-
Current Status:
Answered by Mairi Gougeon on 12 February 2026
To ask the Scottish Government whether the (a) submissions made to it from Scottish Borders Council and (b) ministers' response in relation to the application made under section 12 of the Land Reform (Scotland) Act 2003 for the Center Parcs proposal in the Scottish Borders will be published and made publicly available.
Answer
There is no statutory requirement for either Scottish Borders Council to publish the request for confirmation of byelaws or for Scottish Ministers to publish the decision made.
However, section 202(11) of the Local Government (Scotland) Act 1973 requires the local authority to, as soon as practicable after receiving intimation of the confirmation of the byelaws by the confirming authority, publish a notice in a newspaper circulating in the area to which the byelaws are to apply or in such other manner as the confirming authority on the application of the local authority may determine to be sufficient in the circumstances. This notice will confirm the date on which the byelaws are to come into operation and provide details of where a copy of the byelaws as confirmed may be inspected.