Chamber and committees

Once a reporter, appointed by Scottish ministers, from the Directorate for Planning and Environmental Appeals has issued a decision on an appeal the decision is final and neither the reporter he/she Thursday, July 29, 1999 nor Scottish ministers have any further jurisdiction on the matter. You will appreciate that it is not therefore possible to comment on the merits of an appeal other than to say that a reporter''s decision is based on the evidence before him or her.

Before granting planning permission, planning authorities have a statutory duty to consult any adjoining planning authority if it appears to them that a development is likely to affect land in that authority''s area. A flood risk assessment undertaken by a developer and the advice provided by the Scottish Environment Protection Agency can extend across local authority boundaries.

Planning authorities are already required under article 15(1)(m) of the Town and Country Planning (General Development Procedure) (Scotland) Order 1992, as amended, to consult Scottish Water in areas in which development is to take place where the development is likely to require a material addition to or a material change in the service provided by that authority.

The approach to development in flood risk areas is set out in Scottish Planning Policy (SPP) 7 “ Planning and Flooding. This incorporates a Risk Framework which for planning purposes has the following sequence of annual probabilities for watercourse and coastal flooding:

Little or no risk area (less than 0.1% (1:1000));

Low to medium-risk area (0.1% to 0.5% (1:1000 “ 1:200)), and

Medium to high-risk area (0.5% (1:200)) or greater.

The potential of land to flood should be considered during the preparation of every development plan in accordance with the SPP.

None.

This information is not held centrally.

There is currently no requirement for planning authorities to routinely advise the Scottish Government of the nature of their decisions on planning applications where particular bodies have objected. However, in some circumstances, planning authorities must notify the government where they propose to grant planning permission. This is set out in Scottish Executive Development Department Planning Circular 5/2007: Notification of Planning Applications, which is available on the Scottish Government''s website at:

www.scotland.gov.uk/Publications/2007/04/30162614/0.

We are consulting on proposals which will require planning authorities to prepare a report on each planning application containing a range of information including, where relevant, the issues raised by statutory consultees and in representations on the proposal. The report will be available on the planning register. Through the E-Planning Efficient Government Programme, planning authorities will have the capability to present planning applications and associated documentation online.

The approach to flood risk areas set out in Scottish Planning Policy (SPP) 7 Planning and Flooding already includes an allowance for climate change. This is incorporated in the risk framework which for planning purposes has the following sequence of annual probabilities for watercourse and coastal flooding:

Little or no risk area (less than 0.1% (1:1000); Low to medium-risk area (0.1% to 0.5% (1:1000 “ 1:200); Medium to high-risk area (0.5% (1:200)) or greater. The potential of land to flood should be considered during the preparation of every development plan in accordance with the SPP.

Once a reporter from the Directorate for Planning and Environmental Appeals has issued a decision on an appeal the decision is final and neither the reporter he/she Thursday, July 29, 1999 nor Scottish ministers have any further jurisdiction on the matter. The member will appreciate that it is not therefore possible to comment on the merits of an appeal, or on any comments submitted by any party, other than to say that a reporter''s decision is based on the evidence before him or her.

Any discussion between a local authority and a party to a planning application is a matter for the relevant local authority.

Scottish Planning Policy (SPP) 7 Planning and Flooding says that the potential of land to flood should be considered during the preparation of every development plan and flood risk areas must be identified early in the plan preparation process. The recent consultation paper, The Future of Flood Risk Management in Scotland, included proposals for implementing the EU Floods Directive which will enhance the strategic approach to flood risk management.