Planning Advice Note 51: planning, environmental protection and regulation
Planning Advice Note (PAN) 51, (revised in 2006) supports the existing policy on the role of the planning system in relation to the environmental protection regimes.
Contact Addresses
Environmental Protection Regimes
1. For quick reference the table below gives a summary of the environmental protection regimes included in this PAN, the main regulatory bodies and a Scottish Executive contact who can provide further information concerning a particular environmental protection regime.
| Regime and Regulator |
Scottish Executive Contact |
|---|---|
| Pollution Prevention and Control ( PPC) |
|
| SEPA Responsible for authorising those who operate PPC processes, defined as falling within the definitions for Part A and Part Bactivities as described in Schedule 1 to the Pollution Prevention and Control (Scotland) Regulations 2000 ( SSI 2000 No.323) |
Richard Robertson - SEPA Team SEERAD - Environment Group Waste and Pollution Reduction Division Tel: 0131 - 244 0179 |
| Local Air Quality Management |
|
| Local Authorities Responsible under Part IV of the Environment Act 1995 for regularly reviewing and assessing air quality in their areas against the objectives in the Air Quality Strategy. |
|
| SEPA Responsibilities in relation to emissions from controlled processes. |
AndrewTaylor - Air, Noise & Nuisance Team SEERAD - Environment Group Tel: 0131 244 7813 |
| Protection of Water Environment |
|
| SEPA Any person, including the water authorities and industrial dischargers, who wishes to make a discharge of effluent or other matter into the water environment abstract or impound water from the water environment or carrying out engineering works in or adjacent to a watercourse is required to obtain an authorisation. |
Joyce Carr - WFD Team SEERAD - Environment Group Tel: 0131 - 244 7623 |
| Drinking Water Quality - public water |
|
| The Scottish Executive Water Authorities must supply wholesome water for domestic purposes. It is a criminal offence to supply water unfit for human consumption. |
Colin McLaren - Drinking Water Quality Regulator for Scotland SEERAD - Environment Group Tel: 0131 - 244 0186 |
| Local Authorities Must take appropriate steps to keep themselves informed about the wholesomeness of public water supplies in their area and notify the water authority if not satisfied. |
|
| Drinking Water Quality - private water |
|
| Local Authorities Depending on the location of the supply, local authorities must take appropriate steps to keep themselves informed about the wholesomeness of private water supplies. |
Colin McLaren - DWQR SEERAD - Environment Group Tel: 0131 - 244 0186 |
| Contaminated Land |
|
| Local Authorities Under the contaminated land regime the primary regulatory role rests with the local authorities. |
Tom Harvie-Clark - Pollution SEERAD - Environment Group Tel: 0131 - 244 0402 |
| SEPA Under the contaminated land regime SEPA have four principal roles (see Annex paragraph 5.5). |
|
| Radioactive Substances |
|
| SEPA Responsible for ensuring that persons wishing to keep or use radioactive material are registered under the Radioactive Substances Act 1993 for that purpose and that the disposal of radioactive waste can be undertaken only by persons authorised under that Act. |
Elizabeth Gray - Radioactive Waste SEERAD - Environment Group Tel: 0131 - 244 0400 |
| HMNII Responsible for ensuring the safety of workers and members of the public from operations at nuclear sites through the Ionising Radiations Regulations 1985 and the licensing under the Nuclear Installations Act 1965. |
|
| Statutory Nuisance (including noise) |
|
| Local Authorities In the case of some noise legislation, the police also have powers. |
Linda Story - Air Noise and Nuisance Team SEERAD - Environment Group Tel: 0131 - 244 1521 |
| Litter |
|
| Local Authorities The local authorities may impose a litter duty on occupiers of publicly accessible land by designating that land as a Litter Control Area. Theymay also impose requirements on occupiers of certain types of premises in respect of clearance of litter or refuse outside their premises. The Street Litter Control Notice Order 1991 lists the types of premises in this respect. |
Adam Sinclair SEERAD - Environment Group Tel: 0131 - 244 0363 |
| Light |
|
| Local Authorities The local authorities deal with complaints as a general nuisance, but there is no specific legislation available to deal with complaints on a more formal basis. |
Air Noise and Nuisance Team SEERAD - Environment Group Tel: 0131 - 244 1521 |
Scottish Environment Protection Agency ( SEPA)
2. SEPA operates through a network of 21 local offices throughout Scotland, including representation in the 3 Island Areas. SEPA operates a Main Board and 3 Regional Boards each chaired by a member of the Main Board. The responsibilities of the Board, its general composition and the number of Members are all in line with guidance issued by Scottish Ministers. SEPA's Chief Executive and Director of Environmental Protection and Improvement are provided below:
| Regime and Regulator |
Scottish Executive Contact |
|---|---|
| SEPA Corporate Office Erskine CourtThe Castle Business Park Stirling FK9 4TR Tel: 01786 - 457700 The Corporate Office provides support and policy direction for the three Regions, which are responsible for all operations of the organisation. |
Chief Executive Dr Campbell Gemmell Director of Environmental Protection & Improvement Colin Bayes |
| SEPA South East Clearwater HouseHeriot-Watt Research Park Avenue North Riccarton Edinburgh EH14 4AP Tel: 0131 - 449 7296 |
Planning Manager |
| SEPA North Graesser HouseFodderty Way Dingwall Business Park Dingwall IV15 9XB Tel: 01349 - 862021 |
Planning Manager |
| SEPA South West 5 Redwood CrescentPeel Park East Kilbride G75 0LA Tel: 01335 574200 |
Planning Manager |
Water and Sewerage Services
3. On 1 April 2002, responsibility for the provision of water and sewerage services became the responsibility of Scottish Water, replacing the three former public water authorities. Its principal duties and functions are set out in the Local Government etc. (Scotland) Act 1994, the Sewerage (Scotland) Act 1968 (as amended), the Water (Scotland) Act 1980 (as amended), the Water Industry (Scotland) Act 2002, the Water Environment and Water Services (Scotland) Act 2003 and the Water Services etc. (Scotland) act 2005.
4. Waterwatch Scotland, previously known as Water Customer Consultation Panels, but with greater extended powers, was launched in April 2006, dedicated to represent the interests of commercial and domestic customers of Scottish Water. . The Agency will handle customer complaints and will have powers to make statutory recommendations to Scottish water, Scottish Ministers, Water Industry Commission, Drinking Water Quality Regulator and SEPA on matters relevant to customer's interests. It will input also into the processes by which charges are set by Scottish Water.
5. The contact addresses for Scottish Water and for Waterwatch are as follows:
| Regime and Regulator |
Scottish Executive Contact |
|---|---|
| Scottish Water Head OfficeCastle House 6 Castle Drive Carnegie Campus Dunfermline KY11 8GG |
Chief Executive Dr Jon Hargreaves |
| Waterwatch Scotland The Convener's Office Tel: 01259-214218 |
Convener Ian Smith |
Contact
Email: ceu@gov.scot
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