Chamber and committees

The Environment Act 1995 establishes SEPA and defines its main statutory powers and duties. Additional statutory duties have been given to SEPA by legislation enacted since the formation of SEPA. SEPA is responsible for the operational exercise of these powers. The act also gives ministers certain functions in relation to SEPA, including the power to make appointments to the board of SEPA, give directions to SEPA, give guidance to SEPA with respect to the agency''s aims and objectives, and approve SEPA''s charging schemes.

The decision was taken by the Assistant Private Secretary with responsibility for correspondence on the basis of established protocol.

I refer the Member to the answer to question S3W-10935 on 11 April 2008. All answers to written parliamentary questions are available on the Parliament''s website, the search facility for which can be found at http://www.scottish.parliament.uk/webapp/wa.search.

I am satisfied that Scottish ministers acted at all times in relation to this application in accordance with their responsibilities and accountabilities as set out in SEPA''s Management Statement.

I refer the Member to the answer to question S3W-10947 on 11 April 2008. All answers to written parliamentary questions are available on the Parliament''s website, the search facility for which can be found at http://www.scottish.parliament.uk/webapp/wa.search.

I refer the member to the answer to question S3W-10979 on 11 April 2008. All answers to written parliamentary questions are available on the Parliament''s website, the search facility for which can be found at http://www.scottish.parliament.uk/webapp/wa.search.

No.

Unlike structure plans which are approved by Scottish ministers, responsibility for the preparation and adoption of local plans lies with the planning authority for the relevant area. The planning authority has to comply with statutory requirements, including ensuring that the plan conforms with the approved structure plan. The planning authority is also responsible for considering any objections to the plan, if necessary by appointing a reporter and holding a local plan inquiry, considering the reporter's recommendations to them, incorporating any modifications it considers appropriate, and adopting the plan so that it is brought into force. It is for the planning authority to decide whether to accept or reject the recommendations made by the reporter. Scottish ministers can be expected to become involved only in exceptional circumstances. This could lead to modification or call-in of the local plan for Scottish ministers' own decision.

In respect of the Moray Council Local Plan the appointed reporter is currently working on his finalised report which is likely to be submitted to the council in summer 2008. I can however say that issues were raised by some local plan objectors regarding flood risk matters, including reference to current national planning policy and guidance on flooding and its relevance to development plan policies for flood risk areas. The council has proposed changes to the finalised plan in response to selected concerns raised by objectors. Accordingly, these and related sustainability issues did feature in both the informal hearings and formal sessions of this local plan inquiry and so will be reported by the reporter in due course as part of his overall report, conclusions and recommendations to the council.

With regard to the Aberdeen City Local Plan, objections relating to flooding were made. The topic Planning and Flooding may be found on pages 43 to 51 of chapter 16 of the report into objections to the plan. Coastal flooding also arose in a site-specific instance in regard to land at Seaton. From the report, it will be seen that references are made to Scottish Planning Policy 7: Planning and Flooding, to Planning Advice Note 61: Planning and Sustainable Urban Drainage Systems and to Planning Advice Note 69: Planning and Building Standards Advice on Flooding. The inquiry was aware that the Scottish Environment Protection Agency had prepared new flood maps (referred to at the inquiry as second generation flood maps). At the time of the inquiry, these maps had not been published and were thus not submitted to the inquiry. The recommendations made by the reporters, to the planning authority, did take full account of national guidance.

It is within the scope of ministers'' duties to contact any non-departmental public body for which they are responsible, in appropriate circumstances and within the scope of the relevant legislation, to ensure there are no matters of process or procedure that might be preventing or impeding the efficient running of that organisation. This is entirely consistent with the long established framework of governance and accountability to which non-departmental bodies operate and the desire of this administration to provide a better service to the people of Scotland.

The Scottish Government does not have a corporate policy or standard procedures on minuting conversations.