§ Mr. GalbraithTo ask the Secretary of State for Scotland what steps he will take to ensure that a section 50 agreement between Scottish National Heritage and the developers of the proposed funicular railway on Cairn Gorm conforms to the requirements of the EU birds and habitats directives (79/409 and 92/43). [7097]
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§ Mr. KynochI understand that the Highland council has indicated that planning permission for the development of a funicular railway on Cairn Gorm will be conditional on completion of an agreement under section 50 of the Town and Country Planning (Scotland) Act 1972 and section 49A of the Countryside (Scotland) Act 1967, designed primarily to ensure that there is no breach of the birds and habitats directives, and the withdrawal of the objection lodged by Scottish Natural Heritage. Scottish Natural Heritage, which has a statutory duty to exercise its nature conservation functions to secure compliance with the habitats directive, will withdraw its objection only if it is satisfied that the section 50 agreement will ensure that the operation of the funicular railway would not result in a breach of the requirements of the directives.