Questions and answers

Question reference: S6W-30666

Asked by: Jeremy Balfour, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Thursday, 17 October 2024
Current Status: Answered by Gillian Martin on 1 November 2024

To ask the Scottish Government what its position is on whether the standard of protection in Flood Risk Management Plans, under the Flood Risk Management (Scotland) Act 2009, should encompass the views of the beneficiaries, particularly the local community’s perceptions of the level of risk that is desirable and acceptable, and, if so, how this should be determined.

It is a local authority responsibility to develop and deliver flood protection scheme, including the selection of an appropriate standard of protection. This is because each place is unique and bespoke solutions are required.

Schedule 2 of the Flood Risk Management (Scotland) Act 2009 sets out the local authority’s responsibilities in terms of public consultation as part of the notification of a flood protection scheme. However, we would expect local authorities to engage with their local communities on relevant design considerations throughout the development process.

Question reference: S6W-30672

Asked by: Jeremy Balfour, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Thursday, 17 October 2024
Current Status: Answered by Gillian Martin on 1 November 2024

To ask the Scottish Government, prior to progressing a flood protection scheme to the objections stage, and where any proposals other than the deemed planning authority-granted elements are included in presentations to the community, what its position is on whether planning permission for such proposals should be obtained prior to their inclusion in the final presentation to the community.

Section 57(2B) of the Town and Country Planning (Scotland) Act 1997 provides that once a flood protection scheme is confirmed (whether by the local authority or the Scottish Ministers), the Scottish Ministers are to direct that planning permission for the development is deemed to be granted, subject to any planning conditions which Ministers may specify.

The implementation of the Town and Country Planning (Scotland) Act 1997 is a matter primarily for local planning authorities.

Question reference: S6W-30663

Asked by: Jeremy Balfour, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Thursday, 17 October 2024
Current Status: Answered by Gillian Martin on 1 November 2024

To ask the Scottish Government whether Flood Risk Management Plans submitted to it by local authorities, under the provisions of the Flood Risk Management (Scotland) Act 2009, have been scrutinised and signed-off by experts with relevant expertise in all aspects of a scheme, including hydrology and civil and structural engineering, and who are fully independent and therefore not employed by the project proponents or by its appointed consultants, and, if this is not the case, whether it will undertake such scrutiny itself.

Flood Risk Management Plans are developed by SEPA, which has the expertise to do so as Scotland’s Strategic Flood Risk Management Authority.

It is a local authority responsibility to develop and deliver flood protection schemes. However, the Flood Risk Management (Scotland) Act sets out a specific set of circumstances where the Scottish Ministers may consider a scheme if they receive notice from a local authority under Schedule 2 of the Act.

Should Ministers decide that they wish to consider a scheme, a Public Local Inquiry would be held by a Reporter. The Reporter would hear evidence on all relevant considerations, including from relevant experts, before making a recommendation. Ministers would then consider the recommendation of the Reporter before making their decision.

Question reference: S6W-30458

Asked by: Tim Eagle, MSP for Highlands and Islands, Scottish Conservative and Unionist Party
Date lodged: Friday, 04 October 2024
Current Status: Answered by Fiona Hyslop on 1 November 2024

To ask the Scottish Government when it anticipates that the new Gasay ferry terminal development for Lochboisdale will be operational.

The procurement timelines of the project are subject to completion of appropriate business case processes, availability of funding, and approvals from Scottish Ministers. The construction timelines are subject to successful completion of procurement and agreement of programmes with the contractor for the works.

Subject to approvals, procurement and construction, the Islands Connectivity Plan has scheduled the completion of the majority of the projects which commenced during Phase 1 by 2026-2031.

Question reference: S6W-30671

Asked by: Jeremy Balfour, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Thursday, 17 October 2024
Current Status: Answered by Gillian Martin on 1 November 2024

To ask the Scottish Government what its position is on whether the presentation of a flood protection scheme in a publicly-available notification must be sufficiently clear so that the deemed planning authority-granted elements of the scheme are clearly and unambiguously identifiable from any elements that require planning permission under the Town and Country Planning (Scotland) Act 1997.

Section 57(2B) of the Town and Country Planning (Scotland) Act 1997 provides that once a flood protection scheme is confirmed (whether by the local authority or the Scottish Ministers), the Scottish Ministers are to direct that planning permission for the development is deemed to be granted, subject to any planning conditions which Ministers may specify.

The implementation of the Town and Country Planning (Scotland) Act 1997 is primarily a matter for local planning authorities.

Question reference: S6W-30838

Asked by: Lorna Slater, MSP for Lothian, Scottish Green Party
Date lodged: Thursday, 24 October 2024
Current Status: Answered by Tom Arthur on 1 November 2024

To ask the Scottish Government by what date it will publish its response to the report, Developing Scotland's Economy: Increasing The Role Of Inclusive And Democratic Business Models, and whether this will include a commitment and timeline to establish an economic democracy group, as recommended by the report.

Question reference: S6W-30673

Asked by: Jeremy Balfour, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Thursday, 17 October 2024
Current Status: Answered by Gillian Martin on 1 November 2024

To ask the Scottish Government what its position is on whether the community that is purported to benefit from a flood protection scheme must always be consulted on the options long list in the early stages of a proposal, which is then used to produce an options short list.

It is a local authority responsibility to develop and deliver flood protection schemes and we would expect them to engage with their local communities on relevant design considerations throughout the development process.

The Scottish Government will publish a Flood Resilience Strategy by the end of this year, which will set out our vision on creating flood resilient places and recognise the important contribution people and communities make to their own flood resilience.

Question reference: S6W-30668

Asked by: Jeremy Balfour, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Thursday, 17 October 2024
Current Status: Answered by Gillian Martin on 1 November 2024

To ask the Scottish Government what its position is on whether it is appropriate that all new and, as yet, unbuilt flood protection schemes should incorporate a component of natural flood management as a requirement for receiving public funding.

The Flood Risk Management Act promotes a catchment wide approach to managing flood risk. The Scottish Government recognise that Natural Flood Management (NFM) can provide multiple benefits, including reducing flood risks, enhancing biodiversity, and contributing to climate resilience.

The Scottish Government does not require the use of NFM as a funding condition, as each community and catchment are different and require a bespoke solution. Local Authorities are best placed to carry out the assessment of options to improve flood risk as they understand their local areas and project goals best.

Question reference: S6W-30667

Asked by: Jeremy Balfour, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Thursday, 17 October 2024
Current Status: Answered by Gillian Martin on 1 November 2024

To ask the Scottish Government what its position is on whether community "appetite for risk" should be secondary to the implied standard of protection arising from the implementation of the UK Treasury Green Book and based upon Cost Benefit Analysis using SEPA’s proposed risk levels in relation to the development of flood development plans.

It is a local authority responsibility to develop and deliver flood protection schemes. This includes the selection of an appropriate standard of protection. This is because each place is unique and bespoke solutions are required.

We would expect local authorities to engage with their local communities on relevant design considerations including the level of protection throughout the development process.

Question reference: S6W-30674

Asked by: Jeremy Balfour, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Thursday, 17 October 2024
Current Status: Answered by Gillian Martin on 1 November 2024

To ask the Scottish Government what its position is on whether the potential impact of schemes and actions to prevent flood risks in conservation areas must be carried out in equivalence to that of historic and scheduled monuments, in light of these being covered by the Listed Buildings and Conservation Area (Scotland) Act 1997.

Chamber and committees