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REPORT TO: THE COUNCIL ON 12 OCTOBER 2016

SUBJECT: SMALL FLOOD PROTECTION SCHEMES

BY: CORPORATE DIRECTOR (ECONOMIC DEVELOPMENT, PLANNING AND INFRASTRUCTURE)

1. REASON FOR REPORT

1.1 The Moray Council is asked to note progress of the small flood protection schemes currently being developed in Moray.

1.2 This report is submitted to Council in terms of paragraph (E) (21) of the Scheme of Administration relating to the functions of the Council under the Flood Risk Management () Act 2009.

2. RECOMMENDATION

2.1 It is recommended that the Council considers the report and notes progress on development of the small flood protection schemes.

3. BACKGROUND

3.1 The Economic Development and Infrastructure Services Committee on 20 September 2016 requested that a report be brought to the next meeting of The Moray Council providing an update in relation to the minor flood schemes (Para 12 of the draft minute refers).

3.2 On 20 October 2015, Economic Development and Infrastructure Services Committee agreed to recommend The Moray Council include flood schemes for , and Dallas in the Capital Plan. As there is no economic justification for progressing a flood protection scheme at it was agreed to take this scheme no further (Para 4 of the minute refers).

3.3 On 15 December 2015, Economic Development and Infrastructure Services Committee agreed the Local Flood Risk Management Plans for the Nairn and Speyside Local Plan District and the North East Local Plan District (Para 10 of the minute refers). These plans include construction of a Flood Protection Scheme for the village of and Flood Studies for and Seatown.

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3.4 On 30 March 2016, The Moray Council agreed to retain provision in the 2016/17 Capital Plan for the development of flood protection schemes at Hopeman, Portessie and Dallas at a cost of £100k, £20k and £300k respectively (Para 10 of the minute refers).

3.5 On 3 May 2016, Economic Development and Infrastructure Services Committee agreed the 2016/17 Flood Risk Management (FRM) Revenue Budget, which includes provision for flood protection works for Longmorn (Para 5 of the minute refers). This item was carried over from the 2015/16 programme of work.

Hopeman 3.6 The proposed flood protection scheme for Hopeman consists of an open swale between the fields to the south and the village, which will discharge into an existing ditch which runs parallel to Lodge Road before discharging into the sea. A number of new culverts will be required to accomodate road crossings and increased flow within the ditch.

3.7 The proposed scheme is based on a study undertaken by the Council’s consultant JBA. Since completing the study, a field drain has been constructed by a local landowner in the fields to the south of the village. As part of the scheme development, JBA was asked to assess the impact of the new drain with regard to flood protection for Hopeman (see Members Portal for full report). The assessment found the new drain provides protection for between a 1 in 1 and 1 in 2 year flood event. This level of protection is not sufficient to reduce flood risk to properties in Hopeman, the flood event that occurred in August 2014 had a return period of 1 in 200 years. The scheme proposed by the Council would provide a level of protection for up to and including a 1 in 200 year event with an added allowance for climate change.

3.8 A ground investigation to inform the design of the proposed flood protection scheme is currently being procured by the flood team and an initial meeting with affected landowners is being arranged. The outline design is programmed for completion in December 2016, after which the scheme will be promoted to Flood Protection Order stage. Progression of the scheme after this stage is dependant on the Capital Plan beyond April 2017.

Portessie 3.9 The proposed flood protection scheme at Portessie would involve constructing a set back wall between the sea and Great Eastern Road. Flood gates will be required to allow access to the area north of Great Eastern Road. The design work for this scheme will be undertaken by one of our engineers who is currently supervising other construction works on site. The design will be progressed on his return to the office in October 2016. It is anticipated that the design will be sufficiently complete this financial year to promote a Flood Protection Order. Progression of the scheme after this stage is dependant on the Capital Plan beyond April 2017.

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Dallas 3.10 The proposed flood protection works for Dallas comprise a flood retaining embankment set back from the river, between the river and the village. As the proposed scheme only affects one landowner, the scheme will be progressed by agreement rather than promoting a Flood Protection Order. The design process for this scheme is approximately 90% complete. A planning application is being prepared and this will be submitted in October. If there are no objections to this application, it is anticipated that construction will begin later this year and be completed before the end of March 2017.

Local FRM Plans 3.11 Under the Flood Risk Management (Scotland) Act 2009, the Council has a duty to develop and implement Local FRM Plans for Local Plan Districts within the Council’s boundary. The Moray Council lies within two Local Plan Districts: Findhorn, Nairn and Speyside; and North East. These plans identify actions to reduce flood risk, such as clearance and repair and the development of potential flood protection schemes. Three potential schemes have been identified within the Moray area: Newmill, Portgordon and Lossiemouth Seatown.

Newmill 3.12 The Newmill Flood Protection Scheme consists of a network of drainage ditches to the north of the village, which convey overland flow to a cascade, which discharges into the Burn of Kinminitie Works are also being constructed in the Low Road area of Newmill, which consist of flood retaining walls on either side of the burn and a replacement bridge. Works in the Low Road area are approximately 70% complete and are programmed to finish at the end of October 2016. Work on the cascade is approximately 60% complete and is programmed to finish in mid October 2016. Work has started on the ditches but this is at a very early stage. This project is on programme to complete the scheme by December 2016.

Portgordon 3.13 Development of a flood protection scheme at Portgordon is at a very early stage. The Council’s framework consultant Jacobs was appointed in September 2016 to undertake a detailed feasibility study and option appraisal into potential flood protection measures for Portgordon. The consultant has been asked to complete the option appraisal by March 2017. The remaining stages of this project are: outline design and promotion of aFlood Protection Order; detailed design; and construction.

Lossiemouth Seatown 3.14 Development of a flood protection scheme at Lossiemouth Seatown is at a very early stage. The Council’s framework consultant Jacobs was appointed in September 2016 to undertake a detailed feasibility study and option appraisal into potential flood protection measures for Lossiemouth Seatown. The consultant has been asked to complete the option appraisal by March 2017. The remaining stages of this project are: outline design and promotion of a Flood Protection Order; detailed design; and construction. Schemes ITEM: 9

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promoted under the 2009 Act receive deemed planning consent, therefore there will be no need to submit a planning application for this scheme.

Longmorn 3.15 In 2015, the flood team was asked to investigate extending the flood protection works at Longmorn. Initial investigations identified a secondary source of flooding, which has increased the scope of this project. The team has completed the modelling work required to assess the extent of flooding and is now looking at potential options to mitigate flooding in this area. Due to the increase in scope, a business case will be prepared and submitted to a future Economic Development and Infrastructure Services Committee for agreement.

4 SUMMARY OF IMPLICATIONS

(a) Moray 2026: A Plan for the Future and Moray Corporate Plan 2015- 2017

This is relevant to Priority 5 of the Corporate Plan - Safer Communities

(b) Policy and Legal

The Local FRM Plan relates to statutory requirements within the Flood Risk Management (Scotland) Act 2009.

(c) Financial Implications

The costs associated with developing flood protection schemes for Hopeman, Portessie, Dallas, Newmill, Portgordon and Lossiemouth Seatown are allowed for in the 2016/17 Capital Plan. An allowance has been included in the 2016/17 FRM revenue budget to progress flood protection works for Longmorn.

(d) Risk Implications

There are no specific risks associated with this report.

(e) Staffing Implications

There are no staffing implications associated with this report.

(f) Property

There are no property implications.

(g) Equalities

There are no equalities issues arising from this report.

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(h) Consultations

The Legal Services Manager (Property and Contracts), The Equal Opportunities Officer, D Westmacott, Committee Services Officer and L Paisey, Principal Accountant have been consulted and comments have been taken into account.

5. CONCLUSIONS

5.1 The Flood Risk Management Team has been asked to report on progress of the small flood protection schemes currently being developed for Hopeman, Portessie, Dallas, Newmill, Portgordon, Lossiemouth Seatown and Longmorn.

5.2 The schemes are at various stages of development from feasibility - Portgordon and Lossiemouth Seatown; to construction – Newmill, all as set out in more detail in the report.

Author of Report: Debbie Halliday, Consultancy Manager (Acting)

Background Papers: None

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