Parliamentary questions

Murray Tosh

706 questions tabled in the Scottish Parliament, most recent first.

23 Jan 2001 · Written Question

To ask the Scottish Executive whether it plans to review conflict resolution in the planning process with a view to devising more streamlined and less expensive mechanisms than the current system of public inquiry.

Answer · Sam Galbraith: Alternatives to public inquiries are already available, with the vast majority of cases dealt with by less formal hearings or by written submissions. We have no current plans to review the system.

23 Jan 2001 · Written Question

To ask the Scottish Executive why research into updating the law on compulsory purchase in Scotland due in 1999 is not yet ready and what steps it has taken since 1 July 1999 to strengthen research into planning in Scotland and to reduce any dependency for research and policy development on the Department for the Env…

Answer · Sam Galbraith: The compulsory purchase research has now been completed and will be published shortly.The Scottish Office already had its own planning research programme prior to 1 July 1999 to help develop and evaluate policy decisions. Details of the pla…

23 Jan 2001 · Written Question

To ask the Scottish Executive how it reviews the planning implications in Scotland of UK-wide infrastructure initiatives and policy changes in airport, dock, rail and road services, power generation and transmission and oil and gas exploration and licensing and how it ensures local community participation and parliam…

Answer · Lewis Macdonald: The Memorandum of Understanding between the UK Government and the devolved administrations, together with the supporting Concordats between the Scottish Executive and Whitehall Departments, provide for communication and consultation between the Executive and …

23 Jan 2001 · Written Question

To ask the Scottish Executive what action it has taken to ensure that splitting the Transport and Environment brief into two departments does not militate against the achievement of its goal of integrating land use planning and transport policies.

Answer · Sam Galbraith: The Executive's policy on delivering integrated transport and land use planning policies, as set out in National Planning Policy Guideline 17: Transport and Planning, remains in place. I will work closely with Sarah Boyack and other ministerial colleag…

23 Jan 2001 · Written Question

To ask the Scottish Executive whether it has conducted, or plans to conduct, any audit into the impact of increased public consultation and participation on the achievement by local authorities of the timescales it recommends for preparing development plans and determining planning applications.

Answer · Sam Galbraith: I announced last November that public involvement in planning will be the subject of a consultation paper to be issued later this year. Meanwhile the Executive's Planning Audit Unit is continuing its programme of audits of selected planning…

23 Jan 2001 · Written Question

To ask the Scottish Executive what guidance is issued to local authorities who operate joint structure plans on the creation of dedicated structure plan units; whether such authorities now operate such units and, if not, whether any audit has been undertaken or is proposed into any differential performance between th…

Answer · Sam Galbraith: No such guidance has been issued. The Councils which make up the Ayrshire structure plan area and the Glasgow and the Clyde Valley structure plan area have set up both joint Committees and joint structure plan units. Other planning authorities that are charge…

23 Jan 2001 · Written Question

To ask the Scottish Executive whether all applications for scheduled monument consent are determined by Historic Scotland or whether it is open to Scottish Ministers to take decisions; whether decisions on scheduled monument applications referred to a public inquiry are delegated to its Inquiry Reporters Unit or can …

Answer · Sam Galbraith: The power to determine applications for scheduled monument consent rests with Scottish Ministers (previously the Secretary of State) by virtue of section 2 of the Ancient Monuments and Archaeological Areas Act 1979. In practice Historic Scotland, which is an …

23 Jan 2001 · Written Question

To ask the Scottish Executive whether it will clarify the respective roles of the Minister for Environment, Sport and Culture, the Scottish Executive Inquiry Reporters' Unit and officials of its Development Department in reaching decisions on whether notified planning applications and notices of intention to develop …

Answer · Sam Galbraith: Decisions on planning cases coming before the Scottish Ministers may be taken either by Ministers or, under delegated authority, by officials. All decisions are, however, taken in the name of the Scottish Ministers. The power to take such decisions derives fr…

23 Jan 2001 · Written Question

To ask the Scottish Executive whether it intends to follow the advice given to local authorities in paragraph 75 of National Planning Policy Guidelines No.1 (revised 2000) itself, particularly in relation to notifiable applications and notices of intention to develop, its own decisions on calling in the said applicat…

Answer · Sam Galbraith: The Executive is currently considering how best the type of information referred to could be made available.

23 Jan 2001 · Written Question

To ask the Scottish Executive what plans it has to audit the effectiveness of local authorities in using information and communications technology to receive planning applications and representations and to display relevant material on their websites as suggested in paragraph 75 of National Planning Policy Guidelines…

Answer · Sam Galbraith: I have asked officials to review the scope for further exploitation of information and communications technology (ICT) in the planning system as part of the forthcoming consultation exercise to improve public involvement. The progress made by planning authori…

23 Jan 2001 · Written Question

To ask the Scottish Executive what audit has taken place, or is proposed, to assess the effectiveness of local authorities in involving the public and relevant community and interest groups in the planning process.

Answer · Sam Galbraith: This issue will be considered in a forthcoming consultation exercise on how to secure effective public involvement in the planning system. The consultation will take account of good practice and draw on recent research projects on Advertising Planning Proposa…

23 Jan 2001 · Written Question

To ask the Scottish Executive whether the Scottish Executive Inquiry Reporters' Unit (SEIRU) or its Planning Audit Unit monitor the level of successful appeals against either refusal of planning permission or the imposition of planning conditions in each local authority area and what steps SEIRU or its Development De…

Answer · Sam Galbraith: Neither the Scottish Executive Inquiry Reporters Unit (SEIRU) nor the Planning Audit Unit undertake the monitoring described. As set out in Paragraph 65 of National Planning Policy Guideline 1, it is for individual local authorities to review their performanc…

23 Jan 2001 · Written Question

To ask the Scottish Executive when the current advice to procurators fiscal on planning enforcement was issued; whether a copy of any such advice has been placed in the Scottish Parliament Information Centre; whether any audit of practice has been carried out in relation to the enforcement of planning decisions throu…

Answer · Sam Galbraith: Comprehensive guidance was issued to Procurators Fiscal in 1994 and updated guidance has been issued since then to take account of developments in legislation and case law. A new edition of the comprehensive guidance, consolidating developments since 1994, is…

23 Jan 2001 · Written Question

To ask the Scottish Executive what auditing has been carried out of the use by local authorities of section 75 of the Town and Country Planning (Scotland) Act 1997 or former section 50 agreements; whether any evidence has been found either of local authorities seeking benefits unrelated in nature, scale or kind to pr…

Answer · Sam Galbraith: The most recent analysis of information held by the Executive relating to section 75 agreements was published in the Report of the Targets Working Group in October 1999. A copy of the report is available in the Parliaments Reference Centre.<P ALIGN="JU…

23 Jan 2001 · Written Question

To ask the Scottish Executive whether the decision to tender the contracts for the management and maintenance of the trunk road network was required by either European or British law; whether it is legally necessary to award the contracts as tendered or whether it is possible to review and re-tender them, and whether…

Answer · Sarah Boyack: The tendering of the contracts was required by the relevant EC Directive implemented in domestic law by the 1991 Regulations. Failure to award the contracts as tendered could expose the Scottish Executive to damages claims. Only the 5 existing Managing Agent …

23 Jan 2001 · SPCB Written Question

To ask the Presiding Officer whether the City of Edinburgh Council has been asked to promote a Road Closure Order for Holyrood Road and, if so, how far such a request has been progressed by the council.

Answer · David Steel: The Convener of the Holyrood Progress Group has informed me that the application for the closure of Holyrood Road was submitted to the City of Edinburgh Council (CEC) on 17 October 2000. I understand that the application has been discussed by the CEC Developm…

19 Jan 2001 · Written Question

To ask the Scottish Executive, further to the answer to question S1W-6864 by Sarah Boyack on 30 May 2000, what the outcome was of the tendering exercise in relation to the contract for UK trials of electronic tolling technology; what part of the cost of the contract was to be met from the Scottish Block, and whether p…

Answer · Sarah Boyack: I understand that the tendering for the UK electronic tolling trials, which is a matter for the Department of the Environment, Transport and the Regions, is expected to be completed later this year. The Executive inherited an agreement made in 1998 to partici…

19 Jan 2001 · Written Question

To ask the Scottish Executive, further to the answer to question S1W-5463 by Sarah Boyack on 4 April 2000, what the outcome was in relation to each planning application, notice of intention to develop, listed building consent application and scheduled monument consent application listed and whether it will list, for e…

Answer · Sam Galbraith: Updated information relating to the answer to question S1W-5463 is as follows:<TABLE BORDER CELLSPACING=1 CELLPADDING=7 WIDTH=624><TR><TD VALIGN="TOP" COLSPAN=3>PLANNING APPLICATIONS</TD></TR><TR><TD VALIGN="TOP" COLSPAN=3><FONT F…

19 Jan 2001 · Written Question

To ask the Scottish Executive how local authorities can safeguard land for longer term transport infrastructure possibilities, as stated in paragraph 18 of National Planning Policy Guideline 1, when routes can only be safeguarded in planning terms through local plans and only for the five-year lifetime of the plan.

Answer · Sam Galbraith: Strategic transport safeguarding should be addressed in structure plans which are expected to have a time horizon of at least 10 years. Any local plans prepared during the currency of a structure plan would have to conform with it. There is no reason w…

19 Jan 2001 · Written Question

To ask the Scottish Executive, further to the answer to question S1W-9908 by Sarah Boyack on 29 September 2000, whether it will provide details of each planning application which was called in during the period 1996-97 to 1999-2000, specifying in each case whether the application was approved or refused.

Answer · Sam Galbraith: The information is as follows:-Applications Called In During The Period 1996-97 To 1999-2000.<TABLE BORDER CELLSPACING=1 CELLPADDING=7 WIDTH=619><TR><TD VALIGN="TOP" COLSPAN=3>1 April 1996 to 31 March 1997</TD></…

19 Jan 2001 · SPCB Written Question

To ask the Presiding Officer, further to his answer to question S1W-10473 on 6 November 2000, what the basis is in law, in procurement guidance or in the Parliament's procedures for his response that information about the total value of any works package contract entered into by the Scottish Parliamentary Corporate Bo…

Answer · David Steel: My answer to question S1W-9469 set out the basis for the Parliament's position in relation to commercial confidentiality. The Parliament's tenders are issued and received on a commercially confidential basis, respected by both client and contractor, and the l…

17 Jan 2001 · SPCB Written Question

To ask the Presiding Officer whether the major works packages referred to by the Parliament's Clerk/Chief Executive during the Audit Committee meeting on 3 October 2000 (Official Report, col. 406) have now been awarded; if so, whether the project management team has been able to review the inflation risks with the co…

Answer · David Steel: I understand from the Convener of the Holyrood Progress Group that some, but not all, of the works packages referred to have been awarded. Project Management are currently reviewing the impact of the inflation risk in the light of these contracts and a report…

17 Jan 2001 · Written Question

To ask the Scottish Executive, further to the answer to question S1W-7986 by Sarah Boyack on 28 June 2000, whether it has now responded to the European Commission White Paper on Environmental Liability and, if so, whether its response accepted the principle of strict liability.

Answer · Sam Galbraith: The Scottish Executive contributed to the development of the United Kingdom Government's response to the European Commission White Paper on Environmental Liability. This was published on the Scottish Executive website on 24 August 2000, and is available at <F…

16 Jan 2001 · Written Question

To ask the Scottish Executive, further to the answer to question S1W-7988 by Sarah Boyack on 30 August 2000, whether it has now assessed the impact on Scottish industry of an extension of industry's liability beyond compliance with environmental legislation, as envisaged in the European Commission White Paper on Envir…

Answer · Sam Galbraith: The Scottish Executive is working with DETR on an UK wide assessment of the European Commission White Paper on Environmental Liability, which will include the impact on industry's liability.

16 Jan 2001 · Written Question

To ask the Scottish Executive, further to the answer to question S1W-7987 by Sarah Boyack on 28 June 2000, whether it has now sought or obtained a definition of the public interest groups who may be granted rights to act under the European Commission White Paper on Environmental Liability.

Answer · Sam Galbraith: The European Commission has yet to develop a definition of the public interest groups who may be granted rights to act under the White Paper on Environmental Liability. Progress on this may be affected by the proposed reorganisation of the Environment Directo…

16 Jan 2001 · Written Question

To ask the Scottish Executive, further to the answer to question S1W-7985 by Sarah Boyack on 28 June 2000, whether it has now assessed the potential impact on the Scottish agricultural sector of the European Commission White Paper on Environmental Liability and, if so, what its assessment is.

Answer · Sam Galbraith: The Scottish Executive is working with DETR on an UK-wide assessment of the European Commission White Paper on Environmental Liability, which will include the potential impact on the agricultural sector.

16 Jan 2001 · Written Question

To ask the Scottish Executive, further to the answer to question S1W-9470 by Rhona Brankin on 19 September 2000, whether the public local inquiry in relation to the application for scheduled monument consent for the conservation of Caisteal Tioram has taken place; if so, when a decision is expected and, if not, whethe…

Answer · Sam Galbraith: No. The arrangements for holding a public inquiry into the application for scheduled monument consent have been postponed at the request of the applicants to await the outcome of the Executive's appeal of the County Properties judgement which is being heard b…

16 Jan 2001 · Written Question

To ask the Scottish Executive, further to the answer to question S1W-8804 by Sarah Boyack on 25 August 2000, whether the work on the viability of the proposed Public/Private Partnership (PPP) in respect of the M77 Fenwick to Malletsheugh scheme has been completed; if so, whether tender documents for this PPP are expec…

16 Jan 2001 · Written Question

To ask the Scottish Executive, further to the answer to question S1W-8386 by Ms Wendy Alexander on 13 July 2000, whether it has now refined the precise funding mechanism that will apply to any cash incentives to be provided to tenants of social landlords and, if so, whether it will announce the criteria and related pr…

Answer · Jackie Baillie: Section 43 of the recently published Housing (Scotland) Bill will extend the powers available to local authorities to provide cash grants to tenants. Specifically, this section, as currently drafted, will allow local authorities to prepare a scheme for design…

16 Jan 2001 · Written Question

To ask the Scottish Executive, further to the answer to question S1W-8375 by Sarah Boyack on 13 July 2000, whether the investigation into the cost and practical implications of ending the date-stamping on books of discount tickets for the Skye Bridge has been concluded and, if so, whether it will announce its decision…

Answer · Sarah Boyack: In response to representations from MSPs, Highland Council and others last year, I asked officials to explore the possibility of ending date stamping of books of discount vouchers for Skye Bridge. Following discussions, the Concessionaire, Skye Bridge Limited…