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Publication - Guidance

Flood Risk Management (Scotland) Act 2009: local authority functions under part 4 guidance

Published: 9 Jul 2015
Directorate:
Environment and Forestry Directorate
Part of:
Environment and climate change
ISBN:
9781785445163

Guidance on local authorities’ powers under Part 4 of the Flood Risk Management (Scotland) Act 2009, particularly section 56 and the statutory procedures for flood protection schemes.

95 page PDF

8.6 MB

95 page PDF

8.6 MB

Contents
Flood Risk Management (Scotland) Act 2009: local authority functions under part 4 guidance
4.3 Appendix C - Public Notice Examples - Selkirk Scheme

95 page PDF

8.6 MB

4.3 Appendix C - Public Notice Examples - Selkirk Scheme

SCOTTISH BORDERS COUNCIL

FLOOD RISK MANAGEMENT (SCOTLAND) ACT 2009

AND

THE FLOOD RISK MANAGEMENT (FLOOD PROTECTION SCHEMES, POTENTIALLY VULNERABLE AREAS AND LOCAL PLAN DISTRICTS) (SCOTLAND) REGULATIONS 2010

SELKIRK FLOOD PROTECTION SCHEME 2012

In accordance with Section 60 and Schedule 2 of the above Act and Parts II, III & IV of the Regulations, the Council proposes the above flood protection scheme. This constitutes a notice under Paragraph 1 of Schedule 2 of the Act and under Paragraph 7 of the Regulations.

The effects of the proposed operations will be:

  • To generally reduce the risk of flooding to residential, agricultural, community and business properties along the Yarrow Water from the outlet of St Mary's Loch to the confluence with the Ettrick Water, through the adaptation of the existing infrastructure and level control of St Mary's Loch on the Yarrow Water, for flood storage purposes.
  • To generally reduce the risk of flooding to residential, agricultural, community and business properties along the Ettrick Water from its confluence with the Yarrow Water to its confluence with the River Tweed, through the adaptation of the existing infrastructure and level control of St Mary's Loch on the Yarrow Water, for flood storage purposes.
  • To mitigate the effects of flooding to residential, community and business properties in the Philiphaugh, Bannerfield and Riverside areas of Selkirk from the Ettrick Water through the provision of flood defence walls and embankments.
  • To mitigate the effects of flooding to residential, agricultural, community and business properties in the Bannerfield and Philiphaugh areas of Selkirk from the Long Philip Burn through the provision of river restoration, flood defence walls and embankments and improved channel conveyance (including the replacement of the A707 road bridge by Philiphaugh Farm Cottages and removal of the A708 road bridge by Leslie Cottage).
  • To mitigate the effects of flooding to residential and business properties in the Riverside area of Selkirk from the Shaw Burn through the provision of a new storm bypass culvert, improved channel conveyance and flood defence walls and embankments.

The scheme is likely to have a significant effect on the environment and consequently an environmental impact assessment has been undertaken. The results of the environmental impact assessment have been incorporated into an environmental statement which is included with the other scheme documents. These documents can be inspected from 22/02/12 to 21/03/12 inclusive at:

  • Scottish Borders Council, Council Headquarters, Newtown St Boswells, Melrose, TD6 0SA, between 8.45am and 5.00pm, Mon to Thurs and between 8.45am and 3.45pm on Fri.
  • Scottish Borders Council Contact Centre, High Street, Selkirk, TD7 4JX, between 9.00am and 5.00pm on Mon, Tues and Thurs; between 9.30am and 5.00pm on Wed and 9.00am and 3.45pm on Fri. Note this location is closed for lunch between 12.30pm and 1.30pm.

Objections in writing can be made about the scheme during the period from 22/02/12 to 21/03/12 inclusive to: Head of Legal and Democratic Services, Council Headquarters, Newtown St Boswells, Melrose TD6 0SA. Any objection to the proposed scheme must be accompanied by a statement of reasons for the objection. Where an objector has an interest in any land on which the proposed operations are to be carried out or which may be affected by any of the proposed operations or by any alteration in the flow of water caused by any of the operations that person's objection must include details of the land in which the objector has an interest, disclosure of the nature of the objector's interest in the land, and details of which aspects of the proposed operations affect the objector. If no valid objections are made to the scheme, then the Council must make the final decision to confirm or reject the proposed scheme. If, however there are objections which are not valid objections under Paragraph (3) (2) of Schedule 2 of the Act, the Council may make a preliminary decision and hold a hearing to consider the proposed scheme, before confirming or rejecting the scheme. Where valid objections are made to the scheme, the Council will consider the objections and make a preliminary decision to either (a) confirm the proposed scheme without modification, or (b) confirm the proposed scheme with modifications, or (c) reject the proposed scheme. Where an objection is received from a relevant objector, who is a person to whom paragraph 5(6) of Schedule 2 of the Act applies, the Council must notify Scottish Ministers of the preliminary decision. The Scottish Ministers must then decide whether to consider the scheme or not. If the Scottish Ministers decide to consider the scheme and valid objections remain, then the Scottish Ministers must cause a Public Local Inquiry to be held. After considering the outcome of the Public Local Inquiry, the Scottish Ministers must make the final decision to: (a) confirm the proposed scheme without modification, or (b) confirm the proposed scheme with modifications, or (c) reject the proposed scheme. Where the Scottish Ministers decide not to consider the scheme; the Council must hold a hearing to consider the proposed scheme. Following the outcome of the hearing, the Council must make the final decision to (a) confirm the proposed scheme without modification, or (b) confirm the proposed scheme with modifications, or (c) reject the proposed scheme. Notification of the final decision, whether made by the Council or the Scottish Ministers will be given.

SCOTTISH BORDERS COUNCIL

FLOOD RISK MANAGEMENT (SCOTLAND) ACT 2009

AND

THE FLOOD RISK MANAGEMENT (FLOOD PROTECTION SCHEMES, POTENTIALLY VULNERABLE AREAS AND LOCAL PLAN DISTRICTS) (SCOTLAND) REGULATIONS 2010

SELKIRK FLOOD PROTECTION SCHEME 2012

Notice is hereby given that on 21 June 2012 in terms of paragraph 10, and paragraph 1, of schedule 2 of the above Act the Scottish Borders Council confirmed the proposed Selkirk Flood Protection Scheme 2012 with a modification. The final decision was made in accordance with section 60 and paragraph 9 of schedule 2 of the above Act and Parts II, III & IV of the above Regulations.

In accordance with paragraph 11 of schedule 2 of the above Act the Selkirk Flood Protection Scheme 2012 will become operative six weeks after notice of its confirmation is first published in a locally circulating newspaper, as is required under paragraph 10 (2) (d) of schedule 2 of the above Act, unless an appeal in accordance with paragraph 12 of schedule 2 of the above Act is made against the Scheme i.e. between the period 18 July to 29 August 2012 inclusive.

An appeal is to be made by way of summary application to the Sheriff of the Sheriffdom of Lothian and Borders at: Sheriff Clerk's Office, Sheriff Court House, Ettrick Terrace, Selkirk, TD7 4LE; however, it may be made through any other Sheriff Court in the Sheriffdom of Lothian and Borders. The grounds on which a decision can be appealed are: (a) that the confirmed scheme breaches the restriction in section 61 (3) or does not comply with the requirement in section 61 (4) of the above Act; (b) that, in reaching the decision, the local authority erred in law; or (c) that there was a failure to comply with a procedural requirement contained in schedule 2 of the above Act or the above Regulations. The Sheriff may, on the application of the appellant, suspend the operation of the scheme, or any part of it, either generally or insofar as it affects any interest in land which the appellant has, pending determination of the appeal. If the Sheriff is satisfied that the interests of the applicant have been substantially prejudiced, as detailed in paragraph 12 (7) of schedule 2 of the above Act, then the Sheriff may uphold the appeal and quash the scheme, or any part of it either generally or insofar as it affects the interest in land which the appellant has.

Ian Wilkie, Head of Legal and Democratic Services, Newtown St. Boswells


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