The Scottish Parliament

Question reference: S6O-04035

Asked by: Jeremy Balfour, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Wednesday, 20 November 2024
Current Status: Taken in the Chamber on 28 November 2024

To ask the Scottish Government what consultations it has held with businesses in advance of its 2025-26 Budget.

Question reference: S6W-30665

Asked by: Jeremy Balfour, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Thursday, 17 October 2024
Current Status: Answered by Gillian Martin on 1 November 2024

To ask the Scottish Government, in light of the pressures on its spending, what its position is on whether it is now appropriate for all Flood Risk Management Plans that are still to be approved to be subject to Cycle Two arrangements.

For the last 15 years the Scottish Government has provided Local Authorities with £42m per annum for flood resilience through the general capital grant and we have committed to continue that until 2026. We have also committed an additional £150m over the course of this Parliament to deliver improved flood resilience.

The current distribution agreement is that 80% of available funding is allocated to the remaining schemes on the cycle one programme, and 20% allocated to local authorities to fund other actions within Flood Risk Management Plans.

A joint COSLA/ Scottish Government Flood Risk Management Funding Working Group has been set up to discuss funding and governance of flood resilience actions in Scotland. The group includes representatives from COSLA, SEPA, local authority Directors of Finance and flood officers, and the Scottish Government.

This group has put a series of recommendations to Scottish Ministers and COSLA leaders to improve the affordability of cycle one and will make further recommendations as required.

Question reference: S6W-30669

Asked by: Jeremy Balfour, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Thursday, 17 October 2024
Current Status: Answered by Gillian Martin on 1 November 2024

To ask the Scottish Government what its position is on whether the design requirements of flood protection schemes (FPS) should be determined first-and-foremost by the hydrological and river and/or coastal geomorphology, and that, therefore, the design of any active travel plans in the same area should only ever be considered once the design of an FPS has been agreed.

Question reference: S6W-30670

Asked by: Jeremy Balfour, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Thursday, 17 October 2024
Current Status: Answered by Gillian Martin on 1 November 2024

To ask the Scottish Government what its position is on whether a working version of all hydrological and hydraulic models used to formulate flood maps in support of flood protection schemes should be made freely available to the public.

SEPA’s National Flood Risk Assessment (NFRA) underpins the Flood Risk Management Planning process in Scotland. It identifies potentially vulnerable areas (PVAs) where a multiagency approach is likely to be required to address flood risk. This ensures the process is nationally consistent.

The NFRA uses SEPA’s national flood hazard maps which include rivers, the sea and surface water. This flood map data provides quality assured nationally valuable resource in support of strategic flood risk decisions.

SEPA’s maps can be viewed freely from its website and in addition, the full suite of data is shared with partners and other organisations to support their flood risk management and public bodies’ duties.

Once a strategic risk has been identified through the Flood Risk Management Planning process, more detailed work including hydraulic modelling can be undertaken to understand and confirm the risk and potential actions to mitigate it. Local authorities are responsible for developing this detailed modelling for flood protection schemes.

Question reference: S6W-30666

Asked by: Jeremy Balfour, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Thursday, 17 October 2024
Current Status: Answered by Gillian Martin on 1 November 2024

To ask the Scottish Government what its position is on whether the standard of protection in Flood Risk Management Plans, under the Flood Risk Management (Scotland) Act 2009, should encompass the views of the beneficiaries, particularly the local community’s perceptions of the level of risk that is desirable and acceptable, and, if so, how this should be determined.

It is a local authority responsibility to develop and deliver flood protection scheme, including the selection of an appropriate standard of protection. This is because each place is unique and bespoke solutions are required.

Schedule 2 of the Flood Risk Management (Scotland) Act 2009 sets out the local authority’s responsibilities in terms of public consultation as part of the notification of a flood protection scheme. However, we would expect local authorities to engage with their local communities on relevant design considerations throughout the development process.

Question reference: S6W-30674

Asked by: Jeremy Balfour, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Thursday, 17 October 2024
Current Status: Answered by Gillian Martin on 1 November 2024

To ask the Scottish Government what its position is on whether the potential impact of schemes and actions to prevent flood risks in conservation areas must be carried out in equivalence to that of historic and scheduled monuments, in light of these being covered by the Listed Buildings and Conservation Area (Scotland) Act 1997.

Question reference: S6W-30671

Asked by: Jeremy Balfour, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Thursday, 17 October 2024
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.

Question reference: S6W-30663

Asked by: Jeremy Balfour, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Thursday, 17 October 2024
Current Status: Answered by Gillian Martin on 1 November 2024

To ask the Scottish Government whether Flood Risk Management Plans submitted to it by local authorities, under the provisions of the Flood Risk Management (Scotland) Act 2009, have been scrutinised and signed-off by experts with relevant expertise in all aspects of a scheme, including hydrology and civil and structural engineering, and who are fully independent and therefore not employed by the project proponents or by its appointed consultants, and, if this is not the case, whether it will undertake such scrutiny itself.

Flood Risk Management Plans are developed by SEPA, which has the expertise to do so as Scotland’s Strategic Flood Risk Management Authority.

It is a local authority responsibility to develop and deliver flood protection schemes. However, the Flood Risk Management (Scotland) Act sets out a specific set of circumstances where the Scottish Ministers may consider a scheme if they receive notice from a local authority under Schedule 2 of the Act.

Should Ministers decide that they wish to consider a scheme, a Public Local Inquiry would be held by a Reporter. The Reporter would hear evidence on all relevant considerations, including from relevant experts, before making a recommendation. Ministers would then consider the recommendation of the Reporter before making their decision.

Question reference: S6W-30664

Asked by: Jeremy Balfour, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Thursday, 17 October 2024
Current Status: Answered by Gillian Martin on 1 November 2024

To ask the Scottish Government whether it has developed the Cycle Two process for guiding and determining flood protection schemes under the Flood Risk Management (Scotland) Act 2009, and, if so, when this will be published.

A joint COSLA/ Scottish Government Flood Risk Management Funding Working Group has been set up to discuss funding and governance of flood resilience actions in Scotland and make recommendations to Cosla and Scottish Ministers on cycle 1 and cycle 2 flood protection schemes. The group includes representatives from COSLA, SEPA, local authority Directors of Finance and flood officers, and Scottish Government officials.

The work of this group continues with some recommendations already agreed by Ministers and COSLA Leaders whilst further recommendations are being developed.

Question reference: S6W-30672

Asked by: Jeremy Balfour, MSP for Lothian, Scottish Conservative and Unionist Party
Date lodged: Thursday, 17 October 2024
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.

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Question reference: S6O-04035

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Question reference: S6W-30665

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Question reference: S6W-30669

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Question reference: S6W-30670

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