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e-Bulletin no.25  18th Dec 2008

 

Latest: Welcome to the last BEFS Bulletin of the year.  Last week BEFS held its quarterly General Meeting for members and also welcomed colleagues to the latest in its series of seminars on 'perspectives on place-making'.  We are grateful to Riccardo Marini, City Design Leader at the City of Edinburgh Council, and Adam Wilkinson, Director of Edinburgh World Heritage, for offering their own perspectives, which stimulated a wide ranging discussion in the open forum. 

Of particular note in this current Bulletin - this last couple of weeks have seen the publication of Scotland's Climate Change Bill; an announcement of forthcoming consultation on a draft bill to amend heritage legislation in Scotland; publication of the Marine and Coastal Access Bill (Westminster); publication of the National Planning Framework 2: proposed framework; launch of a consultation at UK level on the future designation of world heritage sites; and a statement on the draft Heritage Protection Bill (Westminster) which is on hold.

Best wishes for Christmas and the New Year from Jo and Anne in the BEFS office.

For further information on BEFS, visit http://www.befs.org.uk/ .

Short-cut to sections:-  Consultations | Publications | Scottish Government news releases | News releases | Recent parliamentary questions | Recent parliamentary answers | Other parliamentary activity | Events | Training  | Job vacancies

Consultations 

Householder Permitted Development Rights: Consultation Paper (SG 03/12/08)
This consultation paper concerns the relaxation of planning controls on development in relation to existing dwelling houses thus removing the need for planning applications.
Consultation period: 3/12/08 - 13/03/09
http://www.scotland.gov.uk/Publications/2008/12/02145212/0
http://www.scotland.gov.uk/News/Releases/2008/12/03110822

Andy Burnham launches debate on the future designation of World Heritage Sites in the UK (DCMS 02/12/08)
The Department for Culture, Media and Sport is seeking to explore the extent to which the UK's current approach to World Heritage supports the interests of the UK Government and those of the Governments of the Crown Dependencies and Overseas Territories in protecting and promoting their cultural and natural heritage; their wider strategic priorities; and their international goals, particularly in relation to UNESCO.
Consultation period: 02/12/08 - 24/02/09.
http://www.culture.gov.uk/reference_library/media_releases/5640.aspx
http://www.culture.gov.uk/reference_library/consultations/5629.aspx

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Publications

Scottish Marine Bill Partial Regulatory Impact Assessment (SG 15/12/08)
http://www.scotland.gov.uk/Publications/2008/12/15093138/0

National Planning Framework for Scotland 2: Proposed Framework (SG 12/12/08)
This proposed National Planning Framework builds on the first NPF, drawing on the analysis contained in the 2006 Monitoring Report and the views of stakeholders. It identifies key issues and drivers of change, sets out a vision to 2030, and identifies priorities and opportunities for each part of the country in spatial perspectives for the Central Belt, the East Coast, the Highlands and Islands, Ayrshire and the South-West and the South of Scotland.
http://www.scotland.gov.uk/Publications/2008/12/12093953/0
http://www.scotland.gov.uk/News/Releases/2008/12/12113210

National Planning Framework 2: Discussion Draft: Analysis of Consultation Responses (SG 12/12/08)
http://www.scotland.gov.uk/Publications/2008/12/04155027/0

Treasure Trove in Scotland: A Code of Practice (SG 12/12/08)
The Code of Practice is intended to clarify the procedures involved in Scotland's Treasure Trove System
http://www.scotland.gov.uk/Publications/2008/12/04114930/0

Development Management: Analysis of Consultation Responses (SG 09/12/08)
http://www.scotland.gov.uk/Publications/2008/12/08091054/10

Modernising Planning Appeals: Consultation Paper: Analysis of Consultation Responses (SG 02/12/08)
http://www.scotland.gov.uk/Publications/2008/12/02095331/0

Modernising Planning Appeals: Consultation Paper: Analysis of Consultation Responses: Main Findings (SG 02/12/08)
http://www.scotland.gov.uk/Publications/2008/12/02095250/0

Planning Enforcement Regulations 2007: Consultation Paper: Analysis of Consultation Responses (SG 02/12/08)
http://www.scotland.gov.uk/Publications/2008/12/02110236/0

Marine and Coastal Access Bill published (DEFRA 08/12/08)
The Marine and Coastal Access Bill has been published.  The Bill makes provision for: a new network of marine conservation zones; the establishment of a new Marine Management Organisation; a new marine planning system; a simpler more streamlined marine licensing system; better management of fisheries; and a new right of access for people to walk round the English coast for the first time. http://www.defra.gov.uk/news/latest/2008/marine-1205.htm

Inclusion by design: equality, diversity and the built environment (CABE 27/11/08)
Inclusion by design sets out CABE's position on equality, diversity and the built environment. It offers everyday examples from urban living demonstrating how good design can help create places that work for everyone.
http://www.cabe.org.uk/default.aspx?contentitemid=2886

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Scottish Government news releases

 

Minister announces new approach to Scotland's heritage protection (HS 05/12/08)
Scottish Ministers are to consult on a draft Bill to amend existing heritage legislation next year, Culture Minister Linda Fabiani has announced. Linda Fabiani MSP, Minister for Europe, External Affairs and Culture, said: "Scotland has a rich heritage that plays a central role in the country's identity, education and tourism. At the same time the country needs sustainable development and economic growth."
http://www.historic-scotland.gov.uk/index/news/news_article.htm?articleid=21233

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News releases

Export blocks save outstanding cultural treasures for the UK public (DCMS 08/12/08)
A copy of the warrant for the execution of Mary Queen of Scots; a portrait of General Wolfe; a medieval decorated manuscript roll of arms and a brass astrolabe quadrant are some of the important cultural objects which have been saved for the nation in one year.
http://www.culture.gov.uk/reference_library/media_releases/5662.aspx

Ministerial joint statement on draft heritage protection bill (DCMS 03/12/08)
A joint Ministerial Statement from Andy Burnham (Secretary of State for Culture, Media & Sport), Barbara Follett (Minister for Culture) and Baroness Kay Andrews (Parliamentary Under Secretary of State for Communities and Local Government).
http://www.culture.gov.uk/what_we_do/historic_environment/5644.aspx


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Recent parliamentary questions

Answers will appear in a subsequent Bulletin, with questions reproduced. Questions marked with a triangle (?) are initiated by the Scottish Executive in order to facilitate the provision of information to the Parliament.

S3W-19114 Patricia Ferguson: To ask the Scottish Executive what plans it has for the future of the Royal Commission on Ancient and Historical Monuments. (SP 17/12/08)

S3W-19115 Patricia Ferguson: To ask the Scottish Executive whether it plans to review the role, function or operation of Historic Scotland. (SP 17/12/08)

S3W-19118 Alasdair Morgan: To ask the Scottish Executive whether it plans to review the planning guidelines and Scottish Planning Policies relating to listed buildings to clarify the situation regarding replacement of single-glazed windows by windows with improved heat-retention properties. (SP 17/12/08)

S3W-18904 Ms Wendy Alexander: To ask the Scottish Executive, in light of Scottish Planning Policy 1 being superseded by Scottish Planning Policy, what the reasons are for the absence of timescales for the processing of planning applications, particularly large applications. (SP 15/12/09)

S3W-18799 Ms Wendy Alexander: To ask the Scottish Executive what the reasons are for the absence in the Scottish Planning Policy document of targets or timescales for the determination of planning applications by planning authorities. (SP 12/12/08)
 

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Recent parliamentary answers

Q.    S3W-18813? Christopher Harvie: To ask the Scottish Executive when it expects to lay a proposed National Planning Framework before the Parliament in accordance with the requirements of the Planning etc (Scotland) Act 2006. (SP 12/12/08)
A.    Answered by John Swinney (12/12/08): I am pleased to announce that the proposed National Planning Framework was laid before the Parliament on Friday 12 December 2008, for a period of 60 days consideration. The proposed framework builds on the first National Planning Framework, drawing on the analysis contained in the National Planning Framework Monitoring Report (September 2006) and the views of stakeholders following an extensive programme of public engagement. The proposed framework takes forward the spatial aspects of The Government Economic Strategy. It articulates the spatial consequences of policies for transport, energy, climate change, waste management, water and drainage, flooding etc, rather than making policy on these matters. It provides a means of efficiently delivering national policies and programmes and identifying key strategic infrastructure needs which support the Scottish Government's central purpose of sustainable economic growth. Copies of the proposed National Planning Framework are available from the Scottish Parliament Information Centre (Bib. number 47159).

Q.    S3W-18312 Elaine Murray: To ask the Scottish Executive how the coastal landscape and seascape are protected during the planning process when new coastal developments are under consideration. (SG 01/12/08)
A.    Answered by Stewart Stevenson (12/12/08): The primary responsibility for determining planning applications lies with local and national park authorities, although Scottish ministers have a general power to intervene. Planning applications must be determined in accordance with the development plan unless material considerations indicate otherwise. Most local plans have policies on the landscape impacts of development, and many have specific policies dealing with coastal development. Impacts on landscapes and seascape may be a material consideration taken into account by planning authorities when considering proposed developments, as may relevant Scottish Government planning policy. National Planning Policy Guideline 13 : Coastal Planning (NPPG 13) and NPPG 14: Natural Heritage set out relevant Scottish Government planning policy on developments affecting coastal landscapes and seascapes. For fish farm developments, planning authorities must also take account of Scottish Planning Policy 22: Planning for Fish Farming.
Developers proposing the construction, extension or operation of a marine based generating station over 1 Megawatt in size within Scottish territorial waters (out to 12 nautical miles) or the Scottish Renewable Energy Zone (12nm to 200nm) will require Scottish Ministers consent under section 36 of the Electricity Act 1989. Developers considering any marine developments are subject to a number of legislative and other regulatory requirements including the Food and Environment Protection Act 1985 and the Coast Protection Act 1949. The local planning authority, Scottish Natural Heritage and the Scottish Environment Protection Agency are consulted on proposals. Issues such as landscape, ecology and navigation may be material considerations taken into account by Scottish ministers when making a determination.

Q.   S3W-18490 Pauline McNeill: To ask the Scottish Executive what action it is taking to support the National Trust for Scotland in meeting its heritage obligations in the face of lower visitor numbers. (SP 04/12/08)
A.   Answered by Linda Fabiani (11/12/08): We will continue to support the National Trust for Scotland through Historic Scotland's Historic Environment Grants Programme by providing funding to undertake quinquennial surveys of the Trust's main properties and to run a maintenance programme. In 2008-09, this funding will amount to £385,000. The Trust are also entitled to apply for funding through the Historic Environment Grants Programme Building Repair Grants Scheme.

Q.    S3W-18750? Aileen Campbell: To ask the Scottish Executive what the plans are for future World Heritage Sites in Scotland. (SP 11/12/08)
A.    Answered by Linda Fabiani (11/12/08): The UK nominations for new World Heritage Sites until 2011 have already been announced. These are as follows:
2009 - Pont-cysyllte Aqueduct, North Wales
2010 - Darwin at Downe, Bromley - will be resubmitted for consideration
2011 - the Monkwearmouth and Jarrow Monastic Sites, Sunderland.
The UK is restricted to making one nomination a year, and in 2008 the Antonine Wall was successfully nominated. Historic Scotland on behalf of the Scottish Government has contributed to the consultation document on World Heritage in the UK issued by the Department for Culture Media and Sport, and will continue to work with government departments across the UK as the policy develops. The Scottish Government is committed to fulfilling its obligations under the World Heritage Convention.

Q.    S3W-18313 Elaine Murray: To ask the Scottish Executive whether examples of good practice from other European countries regarding coastal protection will be considered when the Scottish Marine Bill is being drafted. (01/12/08)
A.    Answered by Richard Lochhead (09/12/08): The new EC Marine Strategy Framework Directive and international examples from Canada, New Zealand and Australia were considered in the development of proposals for a Scottish Marine Bill. Sustainable Seas for All - a consultation on Scotland's First Marine Bill invited views on the management and protection of coastal resources. The responses are currently being analysed. If there are specific examples of good practice the member would like me to be aware of, please write with the details.

Q.    S3W-18309 Elaine Murray: To ask the Scottish Executive whether the Scottish Marine Bill will include provisions for the protection of coastal fringes. (SP 1/12/08)
A.    Answered by Richard Lochhead (SP 5/12/0808): Sustainable Seas for All - a consultation on Scotland's first marine bill invited comment on proposals for a Scottish Marine Bill. Proposals include a new statutory marine planning system. It is proposed that Marine Scotland will develop a National Marine Plan for Scotland which will set out policies and priorities to promote sustainable economic growth and for the sustainable use, development and protection of Scotland's marine and coastal resources. The plan will be integrated into the National Planning Framework for Scotland.
It is also proposed that marine plans will be developed at a local level by Scottish Marine Boards comprising representatives from the main stakeholder interests within Scottish Marine Regions. Scottish Marine Boards and Marine Scotland will also be responsible for integrated coastal zone management (ICZM), a process intended to facilitate an integrated approach to the management and protection of resources at the land/sea interface. Responses to Sustainable Seas for All - a consultation on Scotland's first marine bill are currently being considered.

Q.    S3W-18492 ? Aileen Campbell: To ask the Scottish Executive whether it plans to bring forward a Bill to amend heritage legislation in Scotland. (SP 4/12/08)
A.    Answered by Linda Fabiani (SP 04/1208): Yes. I can now confirm that we intend to consult next year on a draft Bill containing focused legislative amendments.

Q.    S3W-18268? Rob Gibson: To ask the Scottish Executive what progress has been made in relation to securing additional marine responsibilities out to 200 nautical miles, as supported by the Parliament in its debate on Scotland's Marine Environment on 20 March 2008.
A.    Answered by Richard Lochhead (27/11/08): I am pleased to announce that Scotland will be granted executive devolution of marine planning and nature conservation out to 200 nautical miles. This follows the First Minister successfully pressing for the resurrection of the Joint Ministerial Committee as a formal mechanism for taking forward issues involving the UK Government and devolved administrations. Agreement has been reached on a framework for marine planning and nature conservation.
This will involve a coherent system of marine planning involving all parts of the UK. Scotland will participate in the development of a UK Marine Policy statement, which will provide a framework for the sustainable development of the UK Marine area. The Marine Policy Statement will guide marine planning and there will be a mechanism for Scottish ministers to decline to adopt a Marine Policy Statement. Additional marine planning and nature conservation powers including the powers to designate Marine Protected Zones will be executively devolved to Scottish ministers beyond 12nm to 200nm bringing these responsibilities into line with existing fisheries responsibilities. Scottish marine plans after agreement by the UK Government will be binding on UK bodies and departments exercising reserved functions. This provides the basis for a coherent system of marine management for the seas around Scotland joining up with the UK Government to provide an integrated framework to achieve a good outcome for Scotland's seas.

Q.    S3W-18162 Liam McArthur: To ask the Scottish Executive when it will consult on implementing the recommendations of the Sullivan report, A Low Carbon Building Standards Strategy for Scotland.
A.    Answered by Stewart Stevenson 01/12/08): The Sullivan Report work programme being taken forward by the Scottish Government's Building Standards Division covers the 56 recommendations, some of which require public consultation and others which do not require formal consultation.
A consultation on proposals for improving the energy performance of existing non-domestic buildings was launched on 2 September and is about to conclude. In 2009, there will be further consultations on proposals for the revision of energy standards and compliance with the standards.

Q.    S3W-17957 Cathy Jamieson: To ask the Scottish Executive when updated powers relating to derelict buildings as introduced by the Housing (Scotland) Act 2006 will come into force.(SP 19/11/08)
A.    Answered by Stewart Maxwell (27/11/08): The Housing (Scotland) Act 2006 does not introduce new powers relating specifically to derelict buildings. New powers to deal with sub-standard housing, including work notices, maintenance orders and the designation of Housing Renewal Areas are due to come into force from early 2009. In the meantime local authorities have powers under the Building (Scotland) Act 2003 to deal with defective and dangerous buildings and under the Housing (Scotland) Act 1987 to deal with houses in serious disrepair.

Q.    S3W-17958 Cathy Jamieson: To ask the Scottish Executive what additional powers to deal with derelict buildings will be granted to local authorities under the Housing (Scotland) Act 2006. (SP 19/11/08)
A.    Answered by Stewart Maxwell (02/11/08): The Housing (Scotland) Act 2006 does not introduce new powers relating specifically to derelict buildings. The act will allow local authorities to issue a work notice, which gives them revised, more flexible powers to deal with a house which is below the tolerable standard, in serious disrepair, or in need of repair and likely to deteriorate rapidly into serious disrepair or cause damage to other premises if nothing is done to repair it. Local authorities will also have a new power to issue a demolition notice for a house which is in serious disrepair and ought to be demolished, provided that this is within a housing renewal area. This is in addition to existing powers to require the demolition of any housing which is dangerous or below the tolerable standards and ought to be demolished. There will be a new power to issue maintenance orders to secure the maintenance of a property for a period of up to five years. This should give local authorities more scope to prevent a house falling into disrepair in the first place.

Q.    S3W-18005 Keith Brown: To ask the Scottish Executive whether it believes that the Sheriffmuir battlefield in Stirlingshire (a) is associated with historical events or figures of national significance, (b) has significant physical remains or archaeological potential, (c) has a clear landscape context that allows the events of the battle to be understood or interpreted and (d) is capable of definition on a map. (SP20/11/08)
A.    Answered by Linda Fabiani (2/12/08): Ministers have yet to finalise the criteria for inclusion of a battlefield on any Inventory and to develop guidance for assessing a battlefield against the criteria. At that stage, it will be possible to consider how well individual sites meet the criteria in a systematic, comparable and transparent way. It would therefore be premature at present to offer a view on any individual site, however well-established its contribution is to the history of our nation.

There have been many PQ's over the past week regarding the Forestry Commission consultation on forestry provision on Scottish Climate Change Bill. Please refer to the following links if interested
http://www.forestry.gov.uk/forestry/INFD-7KUMVM (consultation)
http://www.forestry.gov.uk/newsrele.nsf/WebPRByCountryLang/B259BBE02A6082778025751900321699 (press release)
http://www.scottish.parliament.uk/business/businessBulletin/bb-08/bb-12-05e.htm (PQ's 5/12/08)
http://www.scottish.parliament.uk/business/businessBulletin/bb-08/bb-12-08e.htm (PQ's 8/12/08)


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Other parliamentary activity

Bills

Climate Change Bill published (SG 05/12/08)
The Scottish Government has published its Climate Change Bill which if passed will mean Scotland has the most ambitious climate change legislation anywhere in the world. Speaking following the publication, Stewart Stevenson said: "The measures set out in the Bill show that Scotland is at the forefront of global efforts to tackle climate change.
http://www.scottish.parliament.uk/s3/bills/17-ClimateChange/index.htm
http://www.scotland.gov.uk/News/Releases/2008/12/05094352

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Events

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Training


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Job vacancies

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Information in the Bulletin is extracted from a number of websites; including the Scottish Government (SG); the Scottish Parliament (SP); Architecture and Design Scotland (A+DS); Historic Scotland (HS); Scottish Natural Heritage (SNH); Scottish Council for Voluntary Organisations (SCVO); English Heritage (EH); Commission for Architecture and the Built Environment (CABE); Department of Communities and Local Government (DCLG); Department of Culture, Media and Sport (DCMS); Department of Environment and Rural Affairs (DEFRA); National Assembly for Wales (NAW); Forestry Commission Scotland (FCS); Scottish Building Standards Agency (SBSA). For further information, links are provided to the relevant documents. Back copies of the Bulletin are available approximately one month after publication on the BEFS website.

If you have any questions or comments on the above, or would like to submit information to be included, please get in touch with Anne Wilkinson awilkinson@befs.org.uk or call the BEFS Office on 0131 220 6241.  We hope that you find the Bulletin useful, however if you wish to be removed from the circulation list, please get in touch.

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