Agenda item

Consider report by Depute Chief Executive Place.  (Copy attached.)

There had been circulated copies of a report by the Depute Chief Executive Place providing an update on the development of the Preferred Scheme through the Outline Design process and seeking authority for the Scheme’s Project Board to commence taking this Preferred Scheme through the statutory process under 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; as the Scheme required an Environmental Impact Assessment.  The report explained that in 2013 the project team had obtained Council approval to develop the Preferred Scheme through the Outline Design stage and the publication of the Scheme through the statutory process.  The key principles of the Preferred Hawick Flood Protection Scheme (the Scheme) had been maintained through the development of the Outline Design Process.  The project team had continued to deliver the output in accordance with the programme reported in September 2016 to maintain the target of publishing the Scheme in April 2017.  It was important to publish the Scheme in April 2017 so that the project team had sufficient time to resolve objection(s), to allow the Council to ‘Confirm’ the Scheme in September 2017.  The publication of the Scheme was the most important stage of the project for determining the programme and successfully obtaining funding as it opened up the Final Outline Design to public query and challenge that could result in an objection.  If the programmed objection resolution process went beyond the estimated three months it put at risk delivering flood protection by June 2021 and the funding of the Scheme.  The project team had mitigated this as far as possible with proactive engagement with statutory consultees and the community over the past two years to overcome key concerns.  The project team had undertaken a robust land referencing process to identify all land owners, land occupiers, businesses, individuals, agencies and community groups that needed to be legally notified of the Scheme publication.  The project team were currently undertaking a due diligence review of this information and using all reasonable endeavours to fill any gaps in owner or occupier details.  This process would be complete prior to publication.  Members welcomed the report, thanked officers for their work to date and expressed the hope that any objections could be resolved.

DECISION

AGREED to:-

(a)     note the progress made on the project since the update in September 2016;

(b)     approve the Final Outline Design for the Hawick Flood Protection Scheme that has been developed over the last two years;

(c)     authorise the project team to commence the Statutory Approvals processes identified in the Flood Risk Management (Scotland) Act 2009 and the 2010 Regulations; and

(d)       instruct the project team to present the Hawick Flood Protection Scheme to Council for a decision (as detailed in the Flood Risk Management (Scotland) Act 2009 and the 2010 Regulations) as soon as possible after the end of the formal 28 days objection period.