Agenda item

Consider report by Service Director Assets and Infrastructure.  (Copy attached.)

With reference to paragraph 9 of the Minute of 2 November 2017, there had been circulated copies of a report by the Service Director Assets and Infrastructure requesting that a final decision be made to confirm the proposed Hawick Flood Protection Scheme 2017 (the Scheme) with no modifications, under the Flood Risk Management (Scotland) Act 2009 (the FRM) and the Flood Risk Management (Flood Protection Schemes, Potentially Vulnerable Areas and Local Plan Districts) (Scotland) Regulations 2010.  It was also proposed that delegation of further authority to continue the Scheme’s Detailed Design, the Advanced Works and procurement of a Main Works Contractor be granted.  In November the Council made a preliminary decision to confirm the Scheme without modifications, while confirming full consideration of the Environmental information in making that decision.  This was in accordance with paragraph 5 (1) of Schedule 2 of the FRM.  Forty eight objections were received to the Scheme.  All objections were deemed to be a ‘valid objection’ as defined within the FRM.  The project team and the objectors engaged constructively to enable the eight objections from individuals and businesses within the flood zone and area affected by the works to remove their objections.  The confirmation of the proposed Scheme without modification on 2 November 2017 triggered the notification to the 34 remaining objectors of the decision.  Letters were issued to objectors on 8^th and 9^th November 2017.  Following these notifications another 1 of the remaining objections was removed and therefore 33 now remained.  As there were no objections from those with an interest in the land affected by flooding, or land affected by the works, there was no need to refer the matter to Scottish Ministers following the preliminary decision. While there were a number of extant objections it was not considered appropriate or necessary for the Council to hold a hearing to consider the proposed scheme. Rather it was proposed that the Council now proceed to make a final decision in accordance with paragraph 9 (1) of schedule 2 of the FRM.  The parallel processes of Deemed Planning Permission and the Water Environment (Controlled Activities) (Scotland) Regulations 2011 (i.e. CAR licence) had progressed well with the CAR licence being issued on 18th September 2017.  The Scheme also received its Habitats Regulation Appraisal on 19 September 2017, which concluded that Scottish Borders Council (in their capacity as competent authority under the Habitat Regulations) considered that the proposal would not adversely affect the integrity of the site (River Tweed SAC (i.e. Special Area of Conservation).  Before making a final decision on a flood protection scheme with an Environmental Statement the Council must consider the environmental information to comply with Regulation 10 (3) of the FRM’s 2010 Regulations. They must also state in their decision that they had done so.  All local Members spoke in support of the project, paying tribute to the work of the Project Team and Councillor Marshall for his role with the Flood Group.

DECISION

AGREED to:-

(a)     make a final decision to confirm the proposed Hawick Flood Protection Scheme 2017 without modification, under Paragraph 9 (1) (a) of the  Flood Risk Management (Scotland) Act 2009 and the Flood Risk Management (Flood Protection Schemes, Potentially Vulnerable Areas and Local Plan Districts) (Scotland) Regulations 2010; and

(b)    confirm that the Council had taken into account the environmental information as detailed in section 8 of the report; and

(c)     provide the Scheme’s Project Executive with the authority to: continue the Scheme’s Detailed Design; commence the Advanced Works; and undertake the procurement of a Main Works Contractor; and

(d)    authorise the Scheme’s Project Executive, in consultation with the Chief Legal Officer to manage any appeal against the Scheme in the event that such an appeal is made to the Sheriff Court; and

(e)     provide the Scheme’s Project Executive with the authority to request that the Scottish Ministers direct that planning permission be deemed to be granted in accordance with Regulation 14 of the FRM’s 2010 Regulations after the commencement of the Scheme.

DECLARATION OF INTEREST

Councillor Robson declared an interest in the above item of business in terms of Section 5 of the Councillors Code of Conduct and left the Chamber during the discussion.