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.