Chamber and committees

It would be for a planning authority to consider in the individual circumstances of a case whether there was a reason to delay or suspend processing of an application. Where a planning authority does not process a validly made planning application for national or major development in accordance with statutory timescales, the applicant has a right of appeal to the Scottish Ministers on the grounds of non-determination.

The Scottish Government has published advice about the operation of the planning system during COVID-19 via a series of Chief Planner letters ( https://www.gov.scot/collections/chief-planner-letters/ ) and in the form of ‘Frequently Asked Questions’ (available on the Scottish Government website: https://www.gov.scot/publications/coronavirus-covid-19-
development-management---frequently-asked-questions/ ).

The advice encourages planning authorities to continue to process applications as far as possible during the pandemic, whilst stressing the need to ensure there are opportunities for public engagement, and that parties should develop pragmatic approaches to such engagement and to the extension of consultation timescales when necessary.

The Scottish Government has published a number of pieces of guidance to planning authorities and others regarding the operation of the system during the pandemic.

The Scottish Government’s Chief Planner and I jointly issued letters on 3 April and 29 May indicating the importance of the continued function of the planning system during the pandemic and acknowledging the challenges for the various parties involved.

These letters highlight the importance of continued public engagement, and point to the use of online information and virtual meetings, and to the need for parties to adopt new engagement techniques and to take a pragmatic approach generally. The letter of 29 May includes a link to the ‘Frequently Asked Questions’ guidance mentioned in the answer to S5W-31355 on 31 August 2020. The letters are available on the Scottish Government website (3 April: https://www.gov.scot/publications/planning-procedures-and-covid-19/ ; and 29 May: https://www.gov.scot/publications/coronavirus-covid-19---planning-procedures---chief-planner-letter-may-2020/ ).

There is specific guidance on conducting pre-application consultation (PAC) on national and major developments during the pandemic, which is available on the Scottish Government website: https://www.gov.scot/publications/coronavirus-covid-19-
planning-guidance-on-pre-application-consultations-for-public-events/ .

Advice is also available on development planning consultation and engagement during the pandemic. Again this can be viewed on the Scottish Government website: https://www.gov.scot/publications/coronavirus-covid-19-
development-planning-consultation-and-engagement-advice---may-2020/.

We have also published examples of digital engagement and digital options regarding tools for consulting with the public. These can be viewed on the Scottish Government website: https://www.transformingplanning.scot/digital-planning/digital-engagement/ .

All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at http://www.parliament.scot/parliamentarybusiness/28877.aspx

A final version of Tayside’s Mental Health Action Plan was published on 6 August. I am pleased that even while facing Covid, taking action to improve mental health services has rightly remained a priority for Tayside.

In keeping with the announcement of a package of Scottish Government support in January, this Government remains committed to continuing to support NHS Tayside and its partners to address the findings of the Strang report. It is imperative that they do so. I wrote to Tayside’s Executive partners earlier this month to thank them for the action plan and to arrange a meeting to discuss it further, which is scheduled for next month. In particular, I will be looking for assurance that the Tayside partnership are continuing to ensure that transparency and accountability remain key priorities; and asking how they are ensuring that those with lived experience are authentically included, engaged and involved in Tayside’s mental health change programme.

I am sure that we are all looking to Tayside to demonstrate early progress and to work with partners to effect long–lasting change. This will require strong leadership and effective scrutiny at a local level.

Since January, we have offered a range of support to NHS Tayside to address service provision, clinical practice, organisational development and community led services. At our request, the Chair of the Independent Inquiry into mental health services in Tayside, Dr David Strang, has agreed to undertake an independent assessment of progress early next year. We have recently strengthened this commission, enabling Tayside to benefit from Dr Strang’s perspective as a ‘critical friend’ throughout the year.

We now look to Tayside to translate its plan into the tangible change and excellent mental health services that the people of Tayside deserve.

Following a clinical assessment, personal retail services, including Complementary and Alternative Medicine services (CAMs) and massage therapy, were advised that they could resume services as of 22 July 2020, where the service is carried out in a therapist’s own premises (i.e. not a mobile therapist, who provides treatment in a patient’s home), and the close contact retail guidance has been updated to reflect this.

The Scottish Government are undertaking further clinical assessment of the risk of transmission of COVID-19 for mobile massage and CAM services, and are considering whether further guidance is required for these.

The Coronavirus (Scotland) (No.2) Act 2020 introduced notice to leave periods for students residing in halls of residence and Purpose Built Student Accommodation (PBSA). The Act does not make provision relating to charges by accommodation providers for the storage of belongings.

The Scottish Government, working in close consultation with stakeholders, has published guidance which seeks to provide reassurance and address the main questions and concerns from student renters and accommodation providers during the COVID-19 pandemic. This guidance can be found on the Student Information Scotland website.

Storage arrangements are a matter for individual providers and we encourage students and providers to work together to find an appropriate solution where students are unable to retrieve their belongings, including if a student is unable to move out of their accommodation or collect their possessions, either because they are self-isolating or are otherwise unable to travel, accommodation providers should store their items for collection at a future date. In my communications with accommodation providers, I have urged them to be sympathetic to the needs of students and to do all that they can to ensure that students are not disadvantaged.

Fish farms are required to comply with multiple regulatory regimes. In terms of the fish farm equipment, a marine licence is required however an exemption may apply where the installation is not considered to cause obstruction or danger to navigation. The siting of individual fish farms and associated environmental considerations, including the presence of marine mammals, are a matter for local authorities who deal with each new fish farm site on its merits through the terrestrial planning process.

Fish farm operators may also choose to apply for a seal licence. Currently, the application process for seal licences requires applicants to provide information on suspected seal predation events and seal presence in the 12 months prior to application and this information is used in the determination of the application. The Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 will remove two of the grounds for which Scottish Ministers can grant a licence to kill or take seals; namely to prevent serious damage to fisheries or fish farms, and to protect the health and welfare of farmed fish. This will mean that fisheries and fish farms will no longer be able to apply for a licence for the purpose of preventing serious damage to fisheries or fish farms, or to protect the health and welfare of farmed fish once the provisions are commenced.