Flood Prevention

FalkirkFK2 9EE56.005135-3.753608FK5 4RU56.033214-3.83587FLOOD RISK MANAGEMENT (SCOTLAND) ACT 20092024-05-082024-05-092024-05-102024-06-16TSO (The Stationery Office), customer.services@thegazette.co.uk462013228960

FALKIRK COUNCIL

FLOOD RISK MANAGEMENT (SCOTLAND) ACT 2009 (“THE ACT”) AND THE FLOOD RISK MANAGEMENT (FLOOD PROTECTION SCHEMES, POTENTIALLY VULNERABLE AREAS AND LOCAL PLAN DISTRICTS) (SCOTLAND) REGULATIONS 2010 (AS AMENDED) (“THE REGULATIONS”)

GRANGEMOUTH FLOOD PROTECTION SCHEME 2024

NOTICE is hereby given pursuant to Section 60 and Schedule 2 of the Act and Parts II, III & IV of the Regulations, that Falkirk Council (the “Council”) proposes to make the Grangemouth Flood Protection Scheme (the “Scheme”). This constitutes a notice under Paragraph 1 of Schedule 2 of the Act and under regulation 7 of the Regulations.

The Scheme is located in the District Burgh of Falkirk, with operations in the electoral wards of Bonnybridge and Larbert, Carse, Kinnaird and Tryst, Falkirk North, Grangemouth, Lower Braes, Bo'ness and Blackness at various locations on or adjacent to the River Avon from Inveravon to the confluence with the Firth of Forth, the River Carron from the A9 crossing at Larbert to the confluence with the Firth of Forth, Westquarter Burn from Grandsable cemetery to the M9, Chapel Burn from Carronshore Road to the confluence with the River Carron, Millhall Burn from Millhall Gardens to the confluence with the River Avon, flood relief channel from Rannoch Park to the confluence with the River Avon, Grange Burn between Zetland Park and confluence with the Firth of Forth, the Polmont Burn from Weedingshall to the M9 and the Firth of Forth between the River Carron and River Avon. The total length of flood defences is approximately 28km.

The Scheme involves the following operations:

· Flood defence walls and embankments

· Flood gates and demountable flood barriers

· Modification to lock gates within the Port of Grangemouth

· Drainage works including new and enhanced drainage and pumping stations

· Replacement bridges and raised/ modified bridges and culverts

· Erosion protection measures

· Utility and service diversions

· Hard and soft landscaping.

Summary of benefits that the Council considers are likely to be derived from the carrying out of the scheme operations:

The Scheme is predicted to reduce the risk of flooding to 3,960 residential, community and business properties in the communities of Grangemouth, Wholeflats, Glensburgh, Langlees, Carron, Carronshore and Camelon (Stirling Road) for up to and including the predicted 1 in 200 year flood on the above noted bodies of water.

Requirement for environmental impact assessment:

The Scheme is likely to have a significant effect on the environment and consequently is subject to an environmental impact assessment (“EIA”). An EIA Report is available alongside the other Scheme Documents for public inspection.

Availability of Scheme Documents and EIA Report:

The Scheme Documents and EIA Report can be inspected or viewed without payment of fee at the following Falkirk Council office during the hours of 10am-12noon and 1pm-4pm Monday to Friday inclusive from 9 May 2024 until the date a decision is made under paragraph 4(1), 7(4) or, as the case may be, 9(1) of Schedule 2 to the Act.

Falkirk Stadium

4 Stadium Way

Falkirk

FK2 9EE

Furthermore, a copy of the Scheme Documents and EIA Report may be viewed online at http://www.grangemouthfloodscheme.com/scheme-documents

A hard copy of the EIA Report may be purchased at a cost of £1,320 (including VAT). A printed copy of the Non-Technical Summary will be available free of charge. Copies can be requested from Falkirk Council, Falkirk Stadium, 4 Stadium Way, Falkirk, FK2 9EE or by email to grangemouthfps@falkirk.gov.uk

Information on the Scheme:

The Council uses the website at http://www.grangemouthfloodscheme.com/ for the purpose of giving information on the Scheme and additionally, information about the Scheme may be requested in writing from Falkirk Council, Falkirk Stadium, 4 Stadium Way, Falkirk, FK2 9EE or via email at grangemouthfps@falkirk.gov.uk

Objections to the Scheme and/or Representations in respect of the EIA Report:

Any person may object to the Scheme. The Act and Regulations provide that an objection must:

a) be made in writing,

b) set out the name and address of the objector, and

c) be accompanied by a statement of reasons for the objection.

Where an objector has an interest in any land on which the proposed Scheme operations are to be carried out or which may be affected by any of the proposed Scheme operations, or by any alteration in the flow of water caused by any of the proposed Scheme operations, that person's objection must include:

a) details of the land in which the objector has an interest,

b) disclosure of the nature of the objector’s interest in the land, and

c) details of which aspects of the proposed operations affect the objectors interest in the land.

Any representations about the EIA report or objections to the Scheme should be made in writing to the Chief Governance Officer, GFPS Objections, Falkirk Council, The Foundry, 4 Central Boulevard, Central Park, Larbert, FK5 4RU or via email at objectionsgfps@falkirk.gov.uk before 16 June 2024. Any such objections and/ or representations about the EIA report which are received by Falkirk Council on or before 16 June 2024 will be considered before any decision is made on whether to confirm the Scheme.

Process and Possible Decisions

Falkirk Council is responsible for taking any decision to confirm the Scheme, in accordance with Paragraph 4(1) or 9(1) of Schedule 2 of the Act, whereas the Scottish Ministers are responsible for taking any decision to confirm the Scheme in accordance with paragraph 7(4) of Schedule 2 of the Act.

If no valid objections are made to the Scheme, then Falkirk Council must make the final decision whether to confirm the Scheme or not.

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, Falkirk Council must notify the 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 modification, or

c) reject the proposed Scheme.

Where the Scottish Ministers decide not to consider the Scheme; Falkirk Council must hold a hearing to consider the proposed Scheme. Following the outcome of the hearing, Falkirk 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 Falkirk Council or the Scottish Ministers will be given to every person given notice and to every relevant objector.

If the Scheme is confirmed, the Scottish Ministers must direct that planning permission for the development be deemed to be granted, subject to such conditions (if any) as may be specified in the direction.

___________________

Malcolm Bennie

Director of Place Services

Falkirk Council

Falkirk Stadium

4 Stadium Way

Falkirk

FK2 9EE