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.

Case Reference Environmental Category Summary of Representation Status
IESS.21.002 Land and Soil Consideration of Scottish Forestry’s failure to publish guidance on soil cultivation. Closed – Resolved
IESS.21.012 Climate Change Consideration of the systems in place to support local authorities in the delivery of climate change targets. Open – Improvement Report issued to Scottish Government
IESS.21.018 Biodiversity, Fauna and Flora Consideration of the responsibilities in respect of environmental damage caused by non-ionising radiation technologies. Closed – Alternative remedy available
IESS.21.017 Water Supply and Drainage Consideration of the responsibility for non-domestic water services and any associated environmental concerns. Closed – Alternative remedy available
IESS.21.021 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
IESS.22.002 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
IESS.21.015 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
IESS.22.004 Air Consideration of the responsibility for operations, monitoring and reporting of pollution incidents at a local quarry site. Closed – Alternative remedy available
IESS.22.008 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
IESS.22.013 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
IESS.21.011 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. Case was closed in September 2022 after pre-investigation enquiries concluded and subject to ongoing monitoring. Case re-opened in February 2024 and under evaluation
IESS.22.016 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
IESS.22.017 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
IESS.22.018 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
IESS.22.022 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
IESS.22.023 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
IESS.22.024 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
IESS.22.027 Water Consideration of SEPA’s alleged failure to enforce licence conditions issued under the Water Environment (Controlled Activities) (Scotland) Regulations 2011. Closed – Informal resolution achieved
IESS.22.029 Biodiversity, Fauna and Flora Consideration of the effectiveness of the law and systems surrounding the bycatch and discard of fish. Open – Moved to investigation
IESS.23.003 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
IESS.23.004 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
IESS.23.005 Water Consideration of the requirements to designate new bathing waters in Scotland. Open - Representation currently under evaluation
IESS.23.006 Biodiversity, Fauna and Flora Consideration of beaver translocation licenses. Closed – Informal resolution achieved
IESS.23.007 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
IESS.23.010 Population, Human Health and Cultural Heritage Consideration of the response to rodent infestation in a public place. Closed – Alternative remedy available
IESS.23.011 Water Consideration of the regulatory responsibilities in respect of silt pollution. Closed – Alternative remedy available
IESS.23.012 Water Consideration of the impact of lead shot on private drinking water supply Closed – Alternative remedy available
IESS.23.016 Climate Change Consideration of the requirement to produce climate assessments of the Infrastructure Investment Plan Closed – Informal resolution achieved
IESS.23.020 Climate Change Consideration of the effectiveness of the Scottish Government’s Climate Change Plan Closed - Pre-investigation enquiries concluded – case will be subject to ongoing monitoring
IESS.23.022 Land and Soil Consideration of habitat destruction on agricultural sites Closed – Informal Resolution achieved
IESS.23.024 Biodiversity Fauna and Floras Consideration of whether EU Birds Directive has been fully implemented in Scotland Open – moved to investigation
IESS.23.031 Land and Soil Consideration of NPF4 policies with respect to a planning decision Closed – Relating to individual decision and alternative remedy available
IESS.23.032 Cross cutting environmental governance Consideration of SEPA’s duty to maintain a public register for PPC information Closed - Informal resolution achieved
IESS.23.035 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
IESS.23.036 Resource use and Waste Consideration of how SEPA regulates shooting ranges Closed – Representation did not meet ESS criteria for investigation
IESS.23.044 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
IESS.23.047 Water Consideration of SEPA’s alleged failure when assessing compliance of CAR licence conditions in respect of Combined Sewer Overflows (CSOs) Closed – Representation did not meet ESS criteria for investigation
IESS.23.050 Water Consideration of SEPA’s enforcement of CAR licence conditions Closed – Representation did not meet ESS criteria for investigation
IESS.23.057 Population, Human Health and Cultural Heritage Consideration of local authorities’ assessment of housing conditions and repairing standards Closed – Alternative remedy available
IESS.24.002 Other Consideration of the Energy Consents Unit approach to consenting wind farms Open – Representation under evaluation
IESS.24.004 Resource use and Waste Consideration of local authorities’ assessments regarding the location of waste recycling hubs Closed – Alternative remedy available
IESS.24.005 Other Consideration of the cumulative effects of wind farms Open – Representation under evaluation
IESS.24.008 Land and Soil Consideration of disturbing a historical landfill during construction Closed – Alternative remedy available
IESS.24.009 Water Consideration of Scottish Water’s sampling duties Closed – Alternative remedy available
IESS.24.012 Land and Soil Consideration of local authorities’ approach to identifying contaminated land Open – Representation under evaluation
IESS.24.015 Cross-cutting environmental governance Consideration of Scottish Forestry’s duty to publish environmental impact assessment information Open – Representation under evaluation

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