RURAL AFFAIRS AND ENVIRONMENT COMMITTEE

FLOODING AND FLOOD MANAGEMENT INQUIRY

SUBMISSION FROM MORAY COUNCIL

Document 1: Rothes Flood Alleviation Costs Summary

Heading Current Cost Rothes Ground Investigation £372,514.57 Contaminated Land £264,001.84 Topographic Survey £199,762.10 Hydraulic Modelling £30,401.65 Option Appraisal £2,618,805.07 Economic Appraisal £218,694.10 Public consultation £58,225.01 Planning supervisor (CDM & H&S) £69,920.32 EIA, ecological, statutory consents, other specialist £156,392.98 consultants Design fees £765,659.73 Council staff £144,213.30

Total Costs £4,998,360.23

The costs of printing and postage for the FPO and Planning Application documents are included above. For FPO 161 addresses. For Planning Application 181 addresses.

Document 2: Rothes Flood Alleviation Scheme – Scheme Development

Flooding – November 2002

1st Public Exhibition in Rothes March 2003

•Hydraulic modeling; •Flood Frequency estimation; Scoping of Options Report •Flood chronology; (MFAG087) •Climate change review; May 2003 •Option development; •Risk Registers.

Value Management Workshop (Council, & statutory consultees SEPA, SNH etc) August 2003

•Scheme objectives; •Option development; •Hydraulic modelling; 2nd Public Exhibition in Rothes •Cost estimates; September 2003 •Scheme economics; •Sustainability assessment; •Risk registers; •Preliminary Geotechnical Desk Study (MFAG101); •Flood risk mapping; •Rothes Geomorphology Audit (June 2003); •Flood damage calculation; Phase 1 Report (MFAG093) •Rothes FAS Environmental Opportunities and •Health & safety assessment; September 2003 Constraints Report (MFAG112); •Operation & maintenance; •Rothes Public consultation reports (MFAG 071 / Environmental assessment; • 158). •Blockage risk evaluation; •Cost risk evaluation; Draft Appraisal Report •Public Consultation Report (MFA199); •Sensitivity analysis; January 2004 •Climate Change Review (MFAG145); •Surface water drainage; •Environmental Deliverables Report (MFAG124); •Consultation responses; •Implications of the Spey Catchment Management •Ecological surveys plan for a Flood Alleviation Scheme in Rothes (MFAG146); 3rd Public Exhibition in Rothes •Rothes Hydraulic Modelling Report (MFAG161); April 2004 •Geomorphic Assessment of Rothes Options (MFAG196); •Environmental Considerations and Appraisal •Ecological surveys; Reports (MFAG130, 131&132); •Environmental impact assessment; Summary Report sent to •Appraisal of works to individual properties •Engage stakeholders/ongoing consultation; Consultees (November 2003); •Develop operation and maintenance regime; April 2004 •Tunnel Diversion option cost risk report (MFA 204); •Hydro-geomorphological assessment (1d and 2d •Storage option cost risk report (MFA 205); modelling); •Channel Works option cost risk report (MFA 206). •Phase 1 Ground Investigation. Appraisal Report (MFAG154) •Strategy development Figures (Working Document - June •Burn of Rothes Option Report (MFA 265) •Develop Business Case; 2004) •Black Burn Option Report (MFA 264) •Strategy development investigations and workshops; •Back Burn Option Report (MFA 263) •Baseline hydraulic and sediment transport modelling; •Isis hydraulic / sediment transport modelling report •Hydraulic modelling of options (MFA 254) Strategy Recommendation •Outline costing of options. •Baseline hydraulic modelling report (MFA 256) (MFA 200) August 2004 •Baseline Hydraulic Modelling Interpretive Report (MFA 266) •Further ecological investigation surveys; •Further Geotechnical investigations; •Updated land ownership surveys; •Option Cost Risk Reports (MFA 267 to 276); •Collated services information; Channel works strategy •Rothes O&M Plan (appraisal stage) (MFA 278); •Principal bridge / culvert inspections; development •Rothes Flood Damages Assessment Summary •Further Flood Risk mapping; Report (MFA 279); •Revised flood damages assessments; •Catchment management plan (Appraisal Stage) •Further consultation with statutory stakeholders (MFA 281); (SEPA / SNH); •Principal Bridge and Culvert Inspection Reports (MFA 294 to 312); •Initially outline Design of Bridge and retaining wall Option Evaluation Report work elements; (MFA 261) •Consultation Summary Report (MFA 287); •Consultation with distilleries and other affected land June 2005 •Geotechnical factual report (produced by the / property owners. geotechnical contractors); •Rothes FAS Communication Plan (MFA 315).

•Further Geotechnical investigations; •Further ecological investigation surveys; Rothes Appraisal Report (MFA •Updated land ownership surveys; 287) •Rothes FAS Public Exhibition Report (MFA335); •Collated services information; September 2005 •Rothes FAS Land Acquisition and Compensation •Revised flood damages assessments; Report (MFA343); •Further consultation with statutory stakeholders •Rothes FAS Traffic Management Plan (MFA344); (SEPA / SNH); •Rothes FAS Service Management Plan (MFA352); th •Further hydraulic modeling; 4 Public Exhibition in •Rothes FAS Consents, Approvals and Legislation •Updated Costing of scheme; Rothes Report (MFA346); •Consultation with distilleries and other affected land / •Rothes FAS Flood Damages Report (MFA355); property owners; •Rothes FAS Cost Risk Evaluation (MFA276); •Outline design of all scheme components; •Rothes FAS Geotechnical Report; •Rothes FAS Operation and Maintenance Plan •Stability calculations for retaining and flood walls; Design Stage 1 Report (MFA353); •Value engineering workshops; (MFA351) and drawings Rothes FAS Baseline Hydraulic Modelling – Design •Health and Safety assessments (HAZOPs AND September 2006 • HAZCONs); Stage 1 Update (MFA371); •Updated risk register •Outline Construction Programme. •Environmental guidance; •Sustainability assessments; •Spatial input into design of key community areas in Rothes FAS Technical •Rothes Flood Prevention Scheme 2006 Submission Rothes; Report & Investment •FPO Submission drawings •Public relations including 2 newsletters, regular Appraisal •Submission to Scottish Executive progress reports in local newspaper and information board.

5th Public Exhibition in Rothes December 2006 Environmental Statement; •Background to Flooding Problem •Option Appraisal •Scheme Development •Proposed Scheme •Environmental Impact Assessment Process •Land Use and Local Community •Policy and Plans •Planning Drawings (58 No.) •Hydrology and Water Quality •Neighbour notification and Section 35 notification •Geology and Soils Planning Application certificates •Geomorphology February 2007 •Planning Application forms. •Nature Conservation Designated Sites •Accompanying Note A and Schedules A, B & C •Habitats and Species •Environmental Statement •Cultural Heritage •Landscape and Visual Impact •Recreation and Amenity •Traffic and Access •Noise and Vibration Planning Approval •Air Quality August 2007 •Conclusions

Application Forms: Additional Information required; •A, D & E •Drawings; Site plans, Target Setting Drawings, service •Engineering Registration Form Drawings & Schedule •Activity Reference Table •Photo Survey Justification for Activity: •Method Statements (generic and construction) •Rothes Final Recommendation Report (MFAG200) •Existing Engineering Works Alternative Approaches: •Flood risk investigation and maps CAR Licence Application •Appraisal Report (MFAG282) •Hydrology Package 1 Back Burn •Rothes FAS – Design Stage 1 Report (MFAG351) Geomorphology December 2007 • Selected Approach: •Ecology •Rothes Option Evaluation Criteria Report (MFAG261) •Climate Change •Back Burn Option Report (MFAG263) •Environmental Statement & Environmental Action Plan •Back Burn Setback Cost Risk Report (MFAG270) •Correspondence •Back Burn Constrained Cost Risk Report (MFAG271) •Operation and Maintenance •Back Burn Combined Cost Risk Report (MFAG272) Justification of Environmental Service • •Rothes Working Groups Evaluation Report (MFAG314)

Site Information, including; •Hydraulic modeling •Geomorphology reports •Gauging data •Detailed Design of works •Topographic survey information •Contract Information •Landowner agreements •Specification Works Information •Services information •Special Requirements/details of service providers Package 1 Back Burn •GI investigation •Pre-Tender Construction Information February 2008 •Environmental assessments •Pollution Prevention Guidelines •AIP’s •Construction Drawings (68 No.) •Tree surveys •Bar Bending schedule •Noise and vibration surveys •Planning Conditions •Contaminated Land investigation •Priced Activity Schedule •Construction Programme Compensation Event Quotation •Risk Schedule Submission •Construction Method Statements April 2008 •Construction Management and Contract Administration Plan •Target Cost

Council Approval and Grant Aid June 2008

•Confirm materials and finishes •Programme of archaeological works •Construction Phase Waste Management Plan (SEPA) •Approval to fish pass deign (SNH) •Sediment Management Plan (SEPA/SNH) Discharge Planning Conditions •Construction Method Statements June 2008 •Environmental Action Plan •Ecological Survey Programme •Landscape Plans •Contaminated Land Investigations •Remediation Strategies

Construction Start Package 1 Back Burn July 2008

NOTE: Everything below the dotted line is repeated for Package 2 (Black Burn) and Package 3 (Burn of Rothes).

Document 3: Flood Prevention Order, Planning and CAR flowchart

FPO Planning CAR Submission Application FPO Submission Back Burn Black Burn Burn of Rothes November 2006 Planning Submission February 2007 CAR CAR CAR Submission Submission Submission Objection period 3 Months (ends March Registration and council 2007) advertisement Advertising Advertising Advertising period 4 Weeks period 4 Weeks period 4 Weeks Detailed Desi Negotiate removal of (Ends February (Ends May (Ends August Statutory period for 2008) 2008) objections December consideration 4 months 2007 (first 28 days for objections) Representations? Confirmation by Scottish Ministers (??) Approval by Planning No Yes g Committee n Notice stating 30 August 2007 Assessed by Scottish confirmation of scheme 1 Ministers (??) month objection period Scottish Executive (on legal grounds) Approval 18 Jan 2008 Statutory Determination Period 4 Months * Serve notices to landowners (2 weeks prior to work Construction Start Issue (earliest June 2008) commencing) July 2008 (approximate duration 2 – 2 ½ years)

*If SEPA require further information during this period the ‘clock stops’, therefore the period of determination could be longer than the stated four months.

Document 4: Memo to the Director of Environment Services, Moray Council re Rothes timescales

Consultation & Risk Management

The benefits of effective timely consultation are far beyond simply meeting the requirements of legislation and ensuring good practice. Consultation manages risk, reduces surprises and helps to avoid programme delays and increased project costs. Investment up front reduces the risk of a Public Inquiry or should a PI be called consultation will have focused efforts on tackling key issues.

We have invested time and effort in bringing the consultees and stakeholders along with the project development. This has assisted them in being able to react from position of being well informed rather than taking precautionary principle approach when they are consulted as part of the statutory process. We have ensured that consultation has been timely and has struck the right balance i.e. not too much.

We have consulted through a number of methods, including the following: o Stakeholder Groups and Workshops o Site visits o Meetings (and informal discussions) throughout scheme development o Sustainability Assessments o Environmental Design Guidance CD

Consultation has been an integral part of the scheme development and has predominantly involved the following organisations: o SEPA o SNH o Spey District Fishery Board o Aberdeenshire Council Archaeology Service (provide service to The Moray Council) o Historic Scotland o The Moray Council (planning, contaminated land, environmental health (noise) etc)

Environmental Impact Assessment (EIA)

The first ecological surveys of the Rothes area for the purposes of feasibility were undertaken in 2003. Since then a significant number of surveys for all aspects of the environment (e.g. ecological, archaeological) have been carried out to assist design decisions and create a baseline to inform the EIA. The EIA was started in March 2006 and was submitted as part of the planning application to the Moray Council in March 2007. The EIA process also included consultation to ensure that we were focussing the assessment on the key environmental parameters likely to be affected by the construction and operation of the scheme.

After Planning and FPO

There are still many consents and approvals to obtain after the approval of FPO and Planning. These include: o Continued Consultation to manage risk o CAR Application for Engineering Licence from SEPA (see below for more detail); and o Other licences and permissions (e.g. Licence to disturb European protected species e.g. otter, bat) o Construction Methodologies, Sediment Management Plan, Waste Management Plan to be approved by SEPA and SNH as a planning condition; o Dealing with planning enquiries and conditions. o Environmental input to the Specification to ensure that mitigation measures are carried through to the construction and implementation of the scheme.

CAR Application

The CAR application for the Back Burn was submitted to SEPA in late December 2007. The wording from SEPA for the notices was sent to Peter Haslam (TMC) in late January 2008 and adverts posted in Edinburgh Gazette and Northern Scot. There is a four week period of representation which starts once the adverts are posted. Once this period has ceased a four month statutory period for determination commences. If SEPA require further information during this period the ‘clock stops’, therefore the period of determination could be longer than the stated four months.

Document 5: Flood Prevention Scheme documentation

Document 6: Summary of consultees for Rothes flood prevention scheme

Document 7: Extract from papers for meeting of Moray Council, 14 February 2008

The Council position regarding Flood Alleviation Schemes for Lhanbryde, Elgin, Forres and Rothes has for some time been as follows. The Council has committed to the development of the schemes up to the flood prevention order stage and has recognized that the costs incurred in getting to that stage are at the Council’s risk. To date, there has been no financial restriction on developing schemes for submission to the Scottish Government for a Flood Prevention Order. Once a Flood Prevention Order has been approved, the Council was guaranteed to receive 80% grant of eligible costs. The Council’s longer term financial planning arrangements have for some time been influenced by the need to deliver the Flood Alleviation Schemes and therefore also by the 80% grant funding model.

The Capital Grant for Flood Alleviation Schemes has been included by the Government as a former ring-fenced grant. For the next three years, this results in the Council receiving Capital Grants as follows:

£m Capital Grant 2008/09 14.4 Capital Grant 2009/10 22.9 Capital Grant 2010/11 19.7

Total 57

The single Capital Grant replaces the following former grants:

Flood Alleviation Schemes Strategic Waste Fund Contaminated Land Regional Transport Partnerships Public Transport and Integrated Transport Schools Fund

The Council has been advised informally that around £40 million of the Capital Grant relates to Flood Alleviation Schemes. As can be seen from Appendix 7 (see over) this is £23 million less than the Council would have received based on the expenditure profile which assumes that the Elgin and Pilmuir Schemes will be the subject of Public Inquiries.

Appendix 7 provides members with an overview of the Flood Alleviation Schemes for the next six years. If the Scottish Government does intend to continue to support these Schemes with grant funding of 80% then the Capital Grant will need to increase substantially for the three years commencing 20011/12. The Convener has written to the local MSP to ask for a view on likely future funding levels for Flood Alleviation Schemes. The response to this letter will be of fundamental importance for the Council in this key area of the Financial Plan.