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.