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The Future of Flood Risk Management in Scotland: A Consultation Document

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SUMMARY OF QUESTIONS

Q1. Do you believe the definition of SFM is helpful and of practical benefit to flood risk management?

Q2. Do you think the definition is clear and simple to understand?

Q3. Do you agree with the conclusion as set out in paragraph 3.17?

Q4. Do you agree that there should be a single competent authority with a national remit for implementing the Floods Directive, and that it should be SEPA?

Q5. Do you agree that this is a sound basis for the development of Local Flood Risk Management Plans? If not what alternative do you propose?

Q6. Should Ministers or SEPA have the power to designate a lead authority within a local area, or should it be left to the partners?

Q7. Do you agree that Local Authorities, Scottish Water, the Forestry Commission, and SNH should be identified as responsible authorities?

Q8. Which other bodies should be identified as responsible authorities?

Q9. Do you agree that responsible authorities should have a duty to work together within Flood Advisory Groups to produce plans?

Q10. Do you agree the proposals are sufficient to support wider stakeholder and community engagement in the flood risk management planning process?

Q11. Do you agree that the Bill should set out a process similar to that for River Basin Management Planning for the preparation by SEPA of area flood risk management plans?

Q12. Do you agree that Ministers have the power to approve, reject or modify Area Flood Risk Management Plans?

Q13. Do you think that integrated urban drainage plans should be included as part of a Local Flood Risk Management Plan?

Q14. Should Flood Risk Management Plans inform the way that development plans are prepared, or should there be a stronger linkage such as a requirement on planning authorities to show that they have regard to the FRMPs?

Q15. Do you think that the granting of deemed planning permission at the end of the statutory process for flood risk management will deliver a more streamlined approach to the delivery of flood risk management?

Q16. Should Ministerial confirmation be made necessary even where features of a scheme do not require planning permission?

Q17. Is the present procedure for Ministerial confirmation satisfactory for this new purpose or are there revisions e.g. to timescales which should be considered?

Q18. Do you think that the option to rely on a local authority based process in a similar way as other local authority development activity should be taken forward?

Q19. What would be the appropriate timescales for notification and response?

Q20. Would it be appropriate for such a process to carry deemed planning consent?

Q21. How should the issue of technical expertise and capacity to ensure the necessary technical standards are observed, be addressed?

Q22. Are there any additional alternatives to the options outlined above which would simplify procedures?

Q23 Do you consider local authorities' powers are sufficient to take necessary action to avert danger to life and property?

Q24. Do you agree that streamlining the CAR and flooding/planning processes can be managed through better guidance?

Q25. Do you think there is anything further SEPA, the Scottish Government or others should be doing to promote joined-up regulation?

Q26. Do you think that there is an alternative approach to simplifying the process of promoting flood measures to those discussed above which the Government should consider?

Q27. Do you agree that the form and content of the biennial reports should be more systematic, and subject to direction from Ministers?

Q28. Do consultees agree that the proposals as outlined will improve flood risk management and ensure Scotland is equipped to implement sustainable flood management?

Q29. Do consultees feel that this is enough to ensure that flood risk is addressed or should local authorities have a new duty to promote measures to alleviate flooding?

RESERVOIR SAFETY

Q30. Do you believe enforcement responsibilities under the Reservoirs Act 1975 should be transferred to a single national body?

Q31. If so, should it be SEPA or another as yet unidentified body?

Q32. Are you content with the proposals for dealing with reservoir flood maps under the provisions of the Floods Directive, or do you think that there should be a statutory duty on reservoir undertakers to prepare reservoir inundation maps and plans, similar to the duty in the 2003 Water Act for England and Wales?

Q33. Do agree that enforcement powers be extended and post incident reporting included as an additional requirement?

Q34. Views on crown application and any other comments?

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Page updated: Wednesday, February 13, 2008