NORTH AYRSHIRE COUNCIL 2 October 2018 Cabinet Title: Upper Garnock Valley Flood Protection Scheme Purpose: To update Cabinet on progress with the proposed Upper Garnock Valley Flood Protection Scheme and to seek confirmation of the Scheme. Recommendation: That Cabinet: (1) considers the outstanding objections as detailed within Appendix 1; (2) agrees that officers should negotiate and finalise the Minutes of Agreement; (3) confirms the Scheme without modification as recommended by the reporter to the Public Hearing; and (4) notes the indicative timescale for subsequent Detailed Design and Construction stages and anticipated Scheme completion date. 1. Executive Summary 1.1 The proposed Scheme comprises the construction of a dam to form a flood water storage reservoir just north of Kilbirnie together with other local measures in Kilbirnie, Glengarnock and Dalry. These mostly comprise of flood protection walls with a focus on protecting property at risk in central Kilbirnie, adjacent to the Powgree Burn in Glengarnock and in Mill Park, Dalry. 1.2 Cabinet previously received a progress update on the development of the Upper Garnock Flood Protection Scheme on 12 December 2017 advising that Scottish Government had confirmed the Scheme on a preliminary basis and that the Council was required to hold a Public Hearing to consider the Scheme and outstanding objections and should appoint an independent Reporter. 1.3 The Public Hearing date was set for 18th April 2018 and a Reporter was appointed. All parties including this Council submitted formal Statements of Case and in some cases further responses to statements were submitted. The Public Hearing notification was published in the local press and online. All relevant documentation was published for public viewing locally and online in accordance with the guidelines. 1.4 As a result of ongoing work to remove objections the objectors confirmed on 17 April 2018 that their formal objections would be dropped in principle, subject to the subsequent conclusion of legal agreements by all parties. The Public Hearing however convened on 18 April 2018 as scheduled and the Reporter was informed of the situation. The Public Hearing was then adjourned whilst further progress was made on the legal agreements. 1.5 The Public Hearing reconvened again on 20th July 2018. However, immediately prior to the Hearing, the Dalry landowner formally withdrew his objection without conditions. Brief representations were made by those attending and the Reporter formally concluded matters and drew the Hearing to a close. 1.6 Following the Public Hearing the Reporter issued his report which recommends the Scheme as proposed with no modifications. 2. Background 2.1 At its meeting of 18 August 2015, Cabinet agreed the preferred Flood Protection Scheme for the Upper Garnock Valley and the commencement of the formal notification process. 2.2 The full flood protection scheme involves:- • the construction of an earth embankment dam, flow control structure and culvert to form a flood storage area on the River Garnock north of Kilbirnie; • lowering of Holmhead Weir near Paddockholm Industrial Estate; • repair/strengthening/raising of existing walls and embankments on the left (eastern) bank of the River Garnock between approximately 30 metres downstream of Mill Court footbridge and approximately 100 metres upstream of Holmhead Bridge; • reconstruction of existing walls on the right (north-western) bank of the Powgree Burn extending from immediately downstream of the railway to a point to a point approximately 100 metres downstream; • construction of a flood wall along the southern edge of Beith Road between the railway underpass and entrance to Mill Park; • seepage protection along the railway embankment east of Mill Park; • the construction of a non-return device on the drainage ditch between Mill Park and the railway embankment; • construction of a flood embankment along the southern boundary of Mill Park between Tofts and the railway embankment; • works to Scottish Water manholes in the flood plains surrounding Mill Park to prevent the ingress of excessive water from the River Garnock; and • mitigation works at Dalry, including slope drainage on railway embankments in the vicinity of Mill Park and flood protection works at the DSM factory. 2.3 In accordance with the Flood Risk Management (Scotland) Act, 2009, notification of the preferred scheme was published with a 28 day notification period, from 28 September until 26 October 2015. 2.4 Five objections were received: 3 from local landowners, 1 from the National Farmers Union (NFU) on behalf of one landowner; and 1 from SEPA. 2.5 There is a requirement to try to resolve objections where possible before the Local Authority, or Scottish Minsters, as appropriate, confirm the final Scheme and publish a notice of the final decision. 2.6 Despite significant efforts in attempting to address and resolve all objections, it had been possible to remove only one objection. This related to an objection on a technical matter from SEPA. On being content that their concerns could be addressed in the final design process SEPA agreed to withdraw their objection. 2.7 Negotiations continued with regards to achieving a satisfactory resolution to the remaining four objections. Given the time taken to progress resolution of the objections the preferred Scheme with unresolved objections was preliminary confirmed to the Scottish Government in June 2017. Scottish Government subsequently advised of their decision not to call in the Scheme and referred the matter back to the Council to hold a Public Hearing to consider the objections to the scheme. 2.8 The Council subsequently appointed a Reporter to hold the Hearing which opened on 18th April 2018. Prior to the Hearing, objectors advised that negotiations were in progress and close to final agreement which would enable their removal. The meeting was adjourned to allow time for these legal agreements to be drawn up. 2.9 The Hearing was reconvened on 20th July 2018. At that time one landowner withdrew his objection however legal agreements had not been concluded with the two remaining landowners and therefore their objections and that of the NFU on behalf of one of them remain in place until agreements have been put in place. 2.11 As the legal agreements with the objectors have not yet been concluded Cabinet are required to consider the outstanding objections in deciding whether to confirm the Scheme. 2.12 Details of the three formal outstanding objections are provided within Appendix 1. These are: - • Mr Duncan Campbell, Greenridge Farm, Kilbirnie. • Alexander Campbell and Partners, Langlands Farm, Kilbirnie. • The National Farmers Union acting on behalf of Mr Duncan Campbell. 2.13 Initial letters of objection were received in October 2015, objecting to the Scheme on several grounds including loss of earnings, detriment to farming operations and concerns over construction access. The three outstanding objections are related to the construction of the dam as it will be constructed on their land. Negotiations have been ongoing to agree compensation and an agricultural consultant was engaged to assess the impact of the flood protection scheme on the landowners' farms. Agreement in principle was reached but this included the possibility that some locally sourced materials may be used to construct the dam. However, it has since been determined that local sourcing would not provide sufficient quantities without major reinstatements being required, and at significant additional costs. The dam construction materials will therefore be imported to site from existing quarries. 2.14 In negotiating and considering the concerns of the three objectors, a number of measures have been taken. These are detailed below: Measures to address objector Statement on behalf of Duncan Campbell The following measures have been taken to address the concerns outlined in the statement: • A revised access route has been agreed subject to suitable gradient. • A specialist report has been provided outlining the proposal for bringing material to site and related quantities. • An outline Traffic Management Plan has been prepared and provided to the landowner which outlines proposed traffic routes, volumes and mitigation measures. • A draft heads of terms agreement was drawn up and agreed between land agents which addresses the requirement for a full drainage plan and land reinstatement on the completion of works. Measures to address objector Statement on behalf of Alexander Campbell and Partners The following measures have been taken to address the concerns outlined in the statement: • A specialist report has been provided outlining the proposal for bringing material to site and related quantities. • An outline Traffic Management Plan has been prepared and provided to the landowner which outlines proposed traffic routes, volumes and mitigation measures. • A draft heads of terms agreement was drawn up and agreed between land agents which addresses the requirement for a full drainage plan and land reinstatement on the completion of works. Measures to address objector Statement on behalf of National farmers Union • The NFU have stated that they will remove their objection subject to legal agreement being reached with Mr Duncan Campbell. 2.15 The objectors have confirmed that whilst their objections currently remain they will be withdrawn in principle subject to the conclusion of a formal Minute of Agreement. Officers continue to negotiate and finalise the Minutes of Agreement.