Agenda item

Consider report by Director Infrastructure and Environment.  (Copy attached.)

With reference to paragraph 6 of the Minute of 27 May 2021, there had been circulated copies of a report by the Director Infrastructure and Environment proposing approval of the Local Flood Risk Management Plans for the Forth Estuary Local Plan District, the Tweed Local Plan District and the Solway Local Plan District.  This approval was required to allow for publication of the Local Flood Risk Management Plans in Scotland on 31 December 2022.  The report explained that the Flood Risk Management (Scotland) Act 2009 (FRM Act) required the production of Local Flood Risk Management Plans covering each Local Plan District (LPD) in Scotland.  Scottish Borders Council’s area fell within 3 of the 14 Local Plan Districts in Scotland.  These were Forth Estuary Local Plan District, Tweed Local Plan District and Solway Local Plan District.  Under FRM Act there were two sets of complementary plans; the SEPA Flood Risk Management Plans, approved by Scottish Ministers and subsequently published by the Scottish Environment Protection Agency (SEPA) in January 2022 and Local Flood Risk Management Plans produced by Lead Authorities to be published 31 December 2022.  Scottish Borders Council was the Lead Authority for Tweed Local Plan District.  The SEPA Flood Risk Management Plans and Local Flood Risk Management Plans had been developed through collaborative partnerships between Local Authorities, SEPA, Scottish Water and other stakeholders.  The SEPA Flood Risk Management Plans and Local Flood Risk Management Plans provide a framework for co-ordinating actions across catchments to dealt with all sources of flooding.  The plans ensured long term planning around flooding and under Section 41(2) of the FRM Act and Scottish Ministers must take them into account when allocating funding.  This approach helped target investment to areas where there was the greatest risk of flooding and where communities could receive the greatest benefit.  This would help to maximise the benefit of public investment.  The Local Flood Risk Management Plans took the objectives and actions identified in the SEPA Flood Risk Management Plans and set out who would be responsible for delivering the action, how the action would be funded, a timetable for when the action would be delivered and how it would be co-ordinated within the second FRM Cycle 2022 - 2028.  There was now a need to obtain the Council’s approval of the Forth Estuary Local Flood Risk Management Plan, the Tweed Local Flood Risk Management Plan and the Solway Local Flood Risk Management Plan prior to the national publication date of 31 December 2022.  Although the Council had an interest in only one Potentially Vulnerable Area (PVA) in the Forth Estuary (PVA 02/10/28 – Berwickshire Coast) and one in Solway (PVA 02/14/04 – Newcastleton) Local Plan Districts there was a requirement through legislation for both plans to be approved in their entirety.  Members welcomed the report and thanked Mr. Morrison and his team for all their work on flood prevention.  However, Members commented on the increasing need for works to address more frequent flooding due to climate change.  Concern was also expressed regarding the current Scottish Government funding model which was insufficient to meet the requirements for works across Scotland and it was considered that it was important to continue to lobby for funding for the Borders.

         DECISION

         AGREED to approve the following FRM plans for delivery by the Council as part of the Flood Risk Management Planning Cycle 2022-2028:-

         (a)      Forth Estuary Local Flood Risk Management Plan;

         (b)     Tweed Local Flood Risk Management Plan; and

         (c)     Solway Local Flood Risk Management Plan.