Page 39 - Lawtext Environmental Law & Management Journal Sample

0
500
1 1 1 1 15 55 50 0 (2008) 20 ELM : STRATEGIC ISSUES – SCOTLAND – HENDRY
and the one prompting most support for any (Controlled Activities) (Scotland) Regulations 2005 (SSI
rationalisation, including the SEARS project. 2005/348) (CAR) as well as other consents. Several
respondents seemed to be of the view that it is the CAR
D Primose (George Street Research) 2008 Scotland’s that should be disapplied. Surely, CAR, as the most
Environmental and Rural Services: Exploring User Experiences integrated and developed set of controls, should be the
(Scottish Government publication). lead focus for regulation with most other requirements
subsumed into those consents if necessary.
Main report available at: http://www.scotland.gov.uk/ On the development consent side, the majority
Publications/2008/06/19155303/0 favoured a process led by local authorities rather than
the ministers, but there was considerable support for some
Summary findings (Scottish Government Social Research sort of two-tier system, depending on the scale, for both
findings 2/2008) available at: http://www.scotland.gov.uk/ approval and funding.
Publications/2008/06/19155242/0 Overall, there are few surprises and much that is
consistent with the recommendations of the parliamentary
Responses to the government consultation inquiry. The scope of the latter was more extensive and
on the Flooding Bill the results more radical, and we look forward to publication
of the Bill, when we hope to see some of the parliamentary
The government has issued an analysis of the consultation suggestions taken up by ministers.
responses on the Flooding Bill and associated policy. It
has not posted the individual responses, but for some MWH 2008 The Future of Flood Risk Management in Scotland
respondents there will be overlap with their submissions Consultation: Report on the Responses to Flooding Bill (Scottish
to the parliamentary inquiry (see (2007) WL 18(5) 178- Government publication) available at: http://www.scotland.gov.
180). uk/Publications/2008/06/25101515/0
The majority of respondents supported most of the
key planks of the reform proposals including that SEPA
be the competent authority – but we know from the Set-aside land
parliamentary inquiry that those with different views held
them strongly. There is also support for the policy Readers will likely be aware that the European Commission
definition of sustainable flood management, but that this has removed the requirement for a certain percentage of
should be refined to make it more user-friendly and avoid farm land to be set aside for environmental improvement,
the subsidiary definitions of the terms used, which is and this study investigated farmers’ intentions, and the
certainly desirable. There is support for the system of likely impacts on growing areas, in autumn 2007 and
flood planning, which is anyway mandated by the Floods spring 2008. In times of rising grain prices and, of course,
Directive (2007/60/EC), but concern throughout about controversial policies on biofuels, farmers may well wish
funding and other resources. There was no unanimity to cultivate more marginal areas of land and this may have
about the use of the WFD mechanisms for River Basin negative consequences, especially for biodiversity and
Management in the context of flood management; this protection of the water environment. In autumn 2007, only
may be linked to the resources issue and fears that the 40 per cent of set-aside land was in production but that
area advisory groups are already under pressure. That may had dropped to 25 per cent in spring of this year and is
be so, but insofar as their membership coincides with forecast to fall further in future. This is unsurprising but
existing flood liaison advisory groups the personnel will not problem free. Encouragingly, over half of the
be the same; the mechanisms are secondary, but respondents said they had taken steps towards
consistency and integration will be desirable in the longer environmental improvement in the past year. However, only
term. 25 per cent thought they would still be setting aside land
There was overwhelming support for including in 10 years’ time. On average 10 per cent thought set-
strategic urban drainage plans in the proposals, and also aside had been a ‘good policy and there was still a need
for requiring development plans to (at least) ‘have regard for it’, rising to 17 per cent in the Borders and 15 per cent
to’ flood plans. Given that the alternative on offer was in Fife, but a larger number said it was ‘a bad policy’ and
simply that they should ‘inform’ development planning, were glad of its demise. It would be interesting to see a
without even a weak statutory obligation, that is hardly parallel study on biodiversity gains in affected areas, as
surprising. the authors also suggest; unless compensation payments
Fewer respondents commented on the ‘reservoirs’ part can match the current and projected high prices for grain, it
of the consultation, and in general supported the is only to be expected that farmers will respond accordingly.
government proposals here (to transfer large dams to SEPA
under rules similar to those in England under the Water D Primrose (George Street Research) 2008 Assessment of
Act 2003). There is little sympathy for the idea that dam the Environmental Impacts of 0% Set Aside (Scottish
safety plans should remain secret; they should be Government publication) available at: http://www.scotland.gov.
published. uk/Publications/2008/05/06140142/0
There was strong support for rationalising controls
on works, now subject to the Water Environment

ENVIRONMENTAL LAW & MANAGEMENT PUBLISHED BY LAWTEXT PUBLISHING LIMITED
www.lawtext.com