INVESTIGATIONS
Representations Received
Representations Received
This section of our website lists the nature of the representations we have received, the environmental category to which they relate and how we have dealt or are dealing with them.
As set out in our Strategic Plan, we have powers to scrutinise the actions of public authorities on all aspects of environmental law. However, we are not regulators and cannot, for example, consider applications for consents, permissions or provide licences. We are also not an appeals or complaints body, so cannot reconsider decision making on individual decisions or applications. This is what we mean when we conclude that a representation relates to an individual regulatory decision.
In some cases another scrutiny or oversight body will be better placed to consider the matter of concern and when this is the case we will signpost the person, group or organisation making the representation to these bodies or refer them to an alternative source of advice or resolution. This is what we mean when we conclude that there is an alternative remedy available.
| Environmental Category | Summary of Representation | Status |
| Land and Soil | Consideration of Scottish Forestry’s failure to publish guidance on soil cultivation. | Closed – Resolved |
| Climate Change | Consideration of the systems in place to support local authorities in the delivery of climate change targets. | Open – Moved to investigation |
| Biodiversity, Fauna and Flora | Consideration of the responsibilities in respect of environmental damage caused by non-ionising radiation technologies. | Closed – Alternative remedy available |
| Water Supply and Drainage | Consideration of the responsibility for non-domestic water services and any associated environmental concerns. | Closed – Alternative remedy available |
| Biodiversity, Fauna and Flora | Consideration of the licencing and enforcement regimes in respect of the use of Acoustic Deterrent Devices in the marine environment. | Closed - Pre-investigation enquiries concluded – informal resolution achieved with Marine Scotland |
| Population, Human Health and Cultural Heritage | Consideration of the implementation, enforcement and environmental impacts relating to the roll out of 20 mph speed limits. | Closed – Alternative remedy available |
| Biodiversity, Fauna and Flora | Consideration of the licencing and enforcement regimes in respect of redundant weirs and structures in Scottish rivers. | Closed - Pre-investigation enquiries concluded – case will be subject to ongoing monitoring |
| Air | Consideration of the responsibility for operations, monitoring and reporting of pollution incidents at a local quarry site. | Closed – Alternative remedy available |
| Population, Human Health and Cultural Heritage | Consideration of the enforcement of smoke drift emanating from a neighbouring residential property. | Closed – Representation did not meet ESS criteria for investigation |
| Land and Soil | Consideration of local planning policies and guidelines in respect of the felling of protected trees and nested habitats. | Closed - Relating to individual regulatory decision and alternative remedy available |
| Biodiversity, Fauna and Flora | Consideration of the effectiveness of the site protection system in respect of ‘Ramsar’ sites (wetland sites of international importance) in Scotland. | Closed - Pre-investigation enquiries concluded – case will be subject to ongoing monitoring |
| Biodiversity, Fauna and Flora | Consideration of the impact assessment regime associated with planning / development control in respect of Special Protection Areas. | Closed - Relating to individual regulatory decision and no evidence of wider systemic failure |
| Cross Cutting Environmental Governance | Consideration of Scotland’s implementation of the requirements of the Aarhus Convention in respect of access to justice in environmental matters. | Closed - Summary report issued - case will be subject to ongoing monitoring |
| Land and Soil | Consideration of local permitted planning policies and practices in respect of development proposals on land designated as a special area of conservation (SAC) or/and a special protection area (SPA). | Closed – Informal resolution achieved |
| Land and Soil | Consideration of the delayed implementation of recommendations contained within the Scottish Government’s Review of the Storage and Spreading of Sewage Sludge on Land in Scotland. | Closed – Alternative remedy identified |
| Biodiversity, Fauna and Flora | Consideration of NatureScot’s compliance with its duty to protect and promote the sustainable use of natural resources. | Closed – Relating to individual regulatory decision and alternative remedy available |
| Resource and Material Use / Re-use | Consideration of SEPA’s handling of a site alleged to be working in breach of European and national standards. | Closed – Alternative remedy identified |
| Water | Consideration of SEPA’s alleged failure to enforce licence conditions issued under the Water Environment (Controlled Activities) (Scotland) Regulations 2011. | Open - Representation currently under evaluation |
| Biodiversity, Fauna and Flora | Consideration of the effectiveness of the law and systems surrounding the bycatch and discard of fish. | Open - Representation currently under evaluation |
| Biodiversity, Fauna and Flora | Consideration of the sustainable use of natural resources by NatureScot in respect of the Wildlife and Countryside Act 1981. | Closed – Relating to individual regulatory decision and alternative remedy available |
| Biodiversity, Fauna and Flora | Consideration of NatureScot’s decision to authorise the culling of wild deer. | Closed – Relating to individual regulatory decision and no evidence of wider systemic failure |
| Water | Consideration of the requirements to designate new bathing waters in Scotland. | Open - Representation currently under evaluation |
| Biodiversity, Fauna and Flora | Consideration of beaver translocation licenses. | Open – Representation currently under evaluation |
| Land and Soil | Consideration of the requirements for protected sites given in National Planning Framework 4 (NPF4). | Closed – Representation did not meet ESS criteria for investigation |
| Population, Human Health and Cultural Heritage | Consideration of the response to rodent infestation in a public place. | Closed – Alternative remedy available |
| Water | Consideration of the regulatory responsibilities in respect of silt pollution. | Closed – Alternative remedy available |
| Water | Consideration of the impact of lead shot on private drinking water supply | Closed – Alternative remedy available |
| Climate Change | Consideration of the requirement to produce climate assessments of the Infrastructure Investment Plan | Open – Representation currently under evaluation |
| Climate Change | Consideration of the effectiveness of the Scottish Government’s Climate Change Plan | Open – Representation currently under evaluation |
| Land and Soil | Consideration of habitat destruction on agricultural sites | Open – Representation currently under evaluation |
| Biodiversity Fauna and Floras | Consideration whether Special Protection Areas are compliant with the Global Conservation Framework. | Open – Representation currently under evaluation |
| Land and Soil | Consideration of NPF4 policies with respect to a planning decision | Closed – Relating to individual decision and alternative remedy available |
| Cross cutting environmental governance | Consideration of SEPA’s duty to maintain a public register for PPC information | Open – Representation currently under evaluation |
| Land and Soil | Consideration of a local authority’s policies regarding the applicability of the contaminated land regime | Closed – Representation did not meet ESS criteria for investigation |
| Resource use and Waste | Consideration of how SEPA regulates shooting ranges | Closed – Representation did not meet ESS criteria for investigation |
| Water | Consideration of how SEPA assesses the impact of controlled activities on other users of the water environment before determining a CAR license application | Open - Representation under evaluation |
| Water | Consideration of SEPA’s alleged failure when assessing compliance of CAR licence conditions in respect of Combined Sewer Overflows (CSOs) | Open – Representation currently under evaluation |
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If you want to raise a formal concern over how environmental law is being applied by a public authority in Scotland, please see our pages on How to raise a concern.
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