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Environmental impacts are relevant to any development. Where permission is required any such impacts, including those affecting protecting areas, will be considered as part of the planning process.

Private ways (including hilltracks) are either roads or footpaths. Where a road is being created this is considered to be schedule 2 development in terms of the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2011 and therefore should be screened to consider whether or not an Environmental Impact Assessment (EIA) is required. If an EIA is required then any permitted development rights no longer apply and a planning application is required.

Alternatively, if the development is intended for forestry use, the requirement for an Environmental Impact Assessment is considered under the Environmental Impact Assessment (Forestry) (Scotland) Regulations 1999.

The planning system allows for certain development to be considered as permitted development where it is considered that permission would generally be granted if sought. While the majority of permitted development rights apply across the whole of Scotland, they can also be restricted to specific areas where it is considered that there is a need to do so.

Following consultation on permitted development rights, including those for agricultural and forestry private ways, the Scottish Government committed to keeping these rights under review. The Scottish Government continues to monitor the situation and a decision will be announced in due course.

I refer the member to the answer to question S4W-21924 on 16 July 2014. When a planning application is received, the relevant planning authority will consider any representations and to decide how much weight to give the representation in reaching any decision.

All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at: .

Where a planning application is submitted to the planning authority, the legal requirements for neighbour notification and publicising the application will be followed and local residents and communities are given the opportunity to make a representation. Where an agricultural or forestry track is considered to be permitted development then, as with any other permitted development, there is no legal requirement to publicise the matter.

The Community Empowerment (Scotland) Bill makes amendments to the community right to buy provided for under Part 2 of the Land Reform (Scotland) Act 2003 “the Act”. These changes build on experience gained over 10 years of working with the legislation, extensive post-legislative scrutiny of the Act, submissions made to the Land Reform Review Group (LRRG) and the interim view of that group.

Part 3 was not considered for inclusion into the Community Empowerment (Scotland) Bill, as presented, because, as the LRRG had written in their interim report in May 2013, they were going to ensure that the interests of the crofting community were respected further in their final report, which was scheduled to be published in April 2014 and was finally published 23 May 2014. The Scottish Government decided to proceed with the Community Empowerment (Scotland) Bill in order not to delay the introduction of this key piece legislation, and to consider any recommendations on Part 3 once the LRRG final report was published.

This is a completely new payments system and because the land and animal numbers declared in the future will affect the payment rates and therefore the total basic payments, it is not possible to say for certain how many businesses will be impacted by a cap on basic payments until claim details are collected from all applicants.

However, estimates made for the final scheme year (2019) based on the land and animals held by businesses in 2011, suggest that less than ten businesses will probably be affected by a cap on basic payments at £400,000.

Other changes to the CAP such as the move to area based payments will also result in significant reductions to large payments. Under the new payment system (with a cap at £400k of basic payments) the top 20 recipients in 2019 are estimated to receive approximately £4.8 million less than the £14 million claimed by the top 20 recipients in 2011.

Many farmers, and the general public, think there should be an upper limit on CAP payments. Introducing a cap therefore underlines the principle that unlimited individual payments cannot be tolerated in future. It is also one of the tools available to help tackle slipper farming and is part of the “five-pronged assault” on inactivity that I announced, along with the Scottish clause, the negative list, a third region, and more coupled support. Any funds generated from capping will go Pillar 2.

The Scottish Government is aware that Part 3 of the Land Reform (Scotland) act 2003 requires some ‘housekeeping’ amendments (e.g. to increase absentee crofter limit from 16 km to 32 km to reflect the changes made in the Crofting Reform (Scotland) Act 2010.

Part 3 may also be affected by other legislative changes or reports currently being progressed, such as the Scottish Law Commission’s review of Compulsory Purchase. Scottish Ministers are also giving careful consideration to the Land Reform Review Groups final report recommendations, and will take into account any feedback from stakeholders, before deciding exactly what amendments should be taken forward.

There are a number of options available to the Scottish Government in addressing any future amendments to Part 3 of the Land Reform (Scotland) Act 2003, including the recently announced proposed Land Reform Bill.

Scottish Ministers are currently considering the recommendations made in the Land Reform Review Group final report. They will also take into account the other work streams connected with Part 3, such as the Scottish Law Commission’s work on Compulsory Purchase, before deciding how and when to address reforming Part 3 of the Land Reform (Scotland) Act 2003.

The “ten green gains” referred to in the statement are examples of ways in which the post-2015 CAP will improve the environmental performance of Scottish agriculture. These are listed below:

Pillar 1 Greening:

1. Improved nutrient efficiency on livestock farms

Subject to commission approval, Pillar 1 Greening obligations in Scotland will be delivered under a certification scheme, including a combination of standard and equivalent practices which non-exempt farmers will need to observe in order to claim their full direct payment.

The scheme will include a new requirement for nutrient management planning on permanent grassland (excluding rough grazing). This will reduce greenhouse gas emissions and diffuse pollution of watercourses by avoiding over-application of fertiliser and slurry, helping to deliver climate change and Water Framework Directive commitments.

2. Improved habitat for farmland birds and other biodiversity on arable land

The greening certification scheme will include a requirement for non-exempt farmers to ensure that 5% of arable land is ecological focus area. This will benefit farmland birds and other biodiversity by increasing or maintaining the area of wildlife-friendly habitats in intensively farmed arable landscapes.

Pillar 2 Scottish Rural Development Programme (SRDP):

3. Increased Agri-Environment-Climate budget and a maintained Forestry budget

Despite Scotland’s poor Pillar 2 allocation, the agri-environment-climate budget has been increased by over £10 million per year compared to the 2007-13 SRDP and the forestry budget has been maintained. This will increase the impact of the SRDP in delivering a range of environmental objectives, including support for vulnerable species and habitats, progress towards designated site condition targets, reduction in diffuse pollution, flood risk management and climate change mitigation.

4. Additional support for peatland restoration

An additional £15m for peatland restoration has been included in the agri-environment-climate budget. This will help to deliver climate change targets by protecting internationally important peatland carbon stores while also contributing to flood risk management and benefiting biodiversity.

5. Improved targeting of Agri-Environment-Climate measures

New spatial targeting of agri-environment-climate measures will ensure that support is directed to the right locations to create meaningful environmental benefits and maximise multiple benefits.

6. Increased support for collaboration and advice

A new cooperation fund for agri-environment-climate and forestry measures will support land managers to deliver landscape-scale environmental benefits. Access to advice will be improved under the Farm Advisory Service, supporting joined up delivery of the schemes.

7. Promotion of new carbon audits tool under SRDP

The Farm Advisory Service will promote the use of a new carbon audit tool which helps to reduce the farm’s environmental impact whilst improving resource efficiency.

8. Scottish Beef Improvement Database

The SRDP will include new incentives for the establishment of a national cattle database able to feedback information on genetics, management and performance to farmers and their advisors. This will enable animals to be managed more efficiently, reducing death, disease and lack of productivity, which in turn will reduce waste and minimise the carbon footprint per kilogram of meat produced.

GAEC (Good Agricultural and Environmental Condition):

9. Increased protection for hedgerows

A new requirement for 2 million uncultivated buffer strips along hedgerows will be introduced. This will help to halt the decline in farmland birds and benefit other farmland biodiversity, also boosting habitat networks.

10. Strengthened measures to reduce diffuse pollution

A new requirement for 2 million uncultivated buffer strips with no fertiliser along watercourses will be introduced. This will reduce diffuse pollution from fertiliser run off and sediment by reinforcing an existing General Binding Rule (under the Controlled Activities Regulations).