South Kinross Flood Protection Scheme - Confirmation Without Modification
Perth and Kinross Council · 16 September 2026
Back to Climate Change and Sustainability Committee — 16 September 2026 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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Our vision is a Perth and Kinross where everyone can live life well, free from poverty and inequality ___________________________________________________________________ Committee or Board: Climate Change and Sustainability Committee Date of Meeting: 16 September 2026 Report Title: South Kinross Flood Protection Scheme – Confirmation Without Modification Report Number: 26/245 Report Author: Rory Stuart, Engineer, Flooding Team Russell Stewart, Senior Engineer, Flooding Team Organisational Lead: Fraser Crofts, Strategic Lead – Environment and Infrastructure 1. Purpose 1.1 The purpose of this Report is to provide an update on the progress of the South Kinross Flood Protection Scheme, following conclusion of the statutory objection process. It is proposed that the Council takes the decision under the Flood Risk Management (Scotland) Act 2009 (the 2009 Act) to confirm the proposed Scheme without modification as per the recommendation of the Reporter following conclusion of the Local Authority Hearing. This process does not obligate the Council to construct the Scheme but ensures it has the necessary statutory powers to do so subject to completion of detailed design, deemed planning consent, procurement of a contractor and with full funding in place. 1.2 Sections 1. Purpose 2. Recommendation(s) 3. Background/Context 4. Main Issues 5. Proposals 6. Conclusion 7. Impact Value Assessment 8. Appendices
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2. Recommendations It is recommended that Committee: 2.1 Notes the valid objections, the environmental impact, the representations made at the Local Authority Hearing and recommendation of Directorate for Planning and Environmental Appeals (DPEA) appointed Reporter to ‘confirm the scheme without modification’. 2.2 Makes a final decision to confirm the proposed South Kinross Flood Protection Scheme without modification as outlined in this report and in line with Paragraph 9(1) of Schedule 2 of the 2009 Act. Council made a preliminary decision to approve the scheme without modification on 4 December 2024 (report 24/346 refers). This does not obligate the Council to construct the Scheme but ensures it has the necessary statutory powers to do so subject to funding. 2.3 Notes changes by the Scottish Government/COSLA to capital grant funding of the South Kinross Flood Protection Scheme. 2.4 Authorises the Strategic Lead – Environment and Infrastructure to carry out all necessary steps to implement the scheme, including: a) Giving notice of the final decision to confirm the Scheme to all of those required under the 2009 Act including any relevant objectors and in the relevant newspapers; b) Seeking deemed planning permission from the Scottish Ministers; c) Finalising the detailed design for the proposed Scheme; d) Pursuing the Scottish Government ‘exceptional circumstance business case’ process, once details are known, to obtain up to 80% capital funding; e) The appointment of a contractor to construct the Scheme, subject to full funding being in place. 3. Background/Context 3.1 Under the Flood Risk Management (Scotland) Act (the 2009 Act), SEPA and lead local authorities publish Flood Risk Management (FRM) Plans and Local FRM Plans. These documents set out a range of actions that SEPA and responsible authorities will take to manage and, where possible, reduce the risk of flooding over the following six-year period. 3.2 Although public authorities are expected to take a proactive role in managing and, where achievable, lowering flood risk, the primary responsibility for avoiding or managing flood risk still remains with land and property owners. The 2009 Act does not alter this. Individuals, businesses and communities must, therefore, play a critical role in making themselves more resilient and helping to reduce the impact of flooding.
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3.3 The Climate Change and Sustainability Committee approved the publication of the current (2022-2028) Local FRM Plans on 19 December 2022 (Report 22/307 refers). The Climate Change and Sustainability Committee subsequently approved the content of an Interim Report on the progress made in implementing the current Local FRM Plans on 10 November 2025 (Report 25/300 refers). The published documents can be viewed at the following link: http://www.pkc.gov.uk/frmplans 3.4 Since the publication of the FRM Plans and Local FRM Plans, the Council has been moving forward with the implementation of the actions set out therein. 3.5 The 2009 Act provides local authorities with discretionary powers to promote new flood protection schemes. Only those flood schemes which have been included in the published FRM Plans, the Local FRM Plans, and the national priority list will be taken forward in each six-year period. Flood Risk Management in South Kinross 3.6 One of the key actions included within the Forth Estuary Local FRM Plan is to implement a flood protection scheme in South Kinross. The flood scheme was ranked as the 28th highest scheme on SEPA’s national flood scheme priority list published as part of the original FRM Plans in 2016. 3.7 Kinross is located in the River Leven catchment within Potentially Vulnerable Area (PVA) 02/10/03. There are three watercourses in this area - the South Queich, the Gelly Burn and the Clash Burn – which all flow into Loch Leven to the east. There has been a history of flooding in the town, and it is estimated that 194 businesses and residential properties are currently at risk of flooding. 3.8 Perth and Kinross Council engaged consulting engineers to investigate and promote a flood protection scheme for South Kinross. The progress of the Scheme has been periodically reported to the former Enterprise and Infrastructure Committee, Environment Committee, Environment and Infrastructure Committee, Climate Change and Sustainability Committee and Perth and Kinross Council. The Proposed Scheme 3.9 The Council, along with consulting engineers, RPS/Tetra Tech, have developed the outline design of the proposed flood scheme, which was put to public consultation in 2023. 3.10 The proposed flood scheme includes the construction of flood walls and embankments along the South Queich, culvert improvements on the Clash Burn and a flood storage embankment adjacent to the M90 motorway services at Turfhills. Property flood resilience measures will be adopted for a small number of properties next to Loch Leven.
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3.11 The proposed scheme has been designed to protect properties up to the predicted 1 in 200-year magnitude flood event (the flood that has a 0.5% chance of occurring in any one year). 3.12 In order to make the scheme adaptable to the future effects of climate change, the foundations for the proposed flood defences will be designed to allow them to be increased in height in the future. The proposed improvements to the Clash Burn culverts will also be designed to allow for future climate change. 3.13 A plan of the proposed scheme is shown in Appendix A. The full suite of the Scheme documents are available on the Council’s website, including Flood Order Notice, Outline Design Report, design drawings, Scheme Description Report, Environmental Impact Assessment Report (EIAR), and Public Consultation Report. https://www.pkc.gov.uk/southkinrossfloodschemedocs Scheme Publication 3.14 The Notice for the South Kinross Flood Protection Scheme was published under the Flood Risk Management (Scotland) Act 2009 on 26 March 2024. 3.15 Those potentially affected by the Scheme were notified and information (including an Environmental Impact Assessment Report (EIAR)) was made available for public inspection on 26 March 2024. The 2009 Act requires that a period of 28 days is allowed from the date of publication for objections to be submitted; this period being slightly increased to 30 days in relation to the EIAR. 3.16 Two valid objections and three submissions were received. The three submissions were from statutory consultees providing technical advice on the EIAR and outlining any future environmental requirements or considerations. The two objections (both from landowners) were received by the Council within the 28-day period. 3.17 Council officers held extensive discussions with the two landowners, but their objections were not withdrawn. 3.18 On 4 December 2024, Perth and Kinross Council was provided with an update on the progress of the South Kinross Flood Protection Scheme (Report 24/346 refers). Having considered the valid objections and the Environmental Impact Assessment Report, in line with Paragraph 5(1) of Schedule 2 of the 2009 Act, the Council took a preliminary decision to confirm the proposed Scheme without modification. 4. Main Issues 4.1 In order to progress the statutory process, under Paragraph 6(1) of Schedule 2 of the 2009 Act, the Council referred the Scheme to the Scottish Ministers for their consideration.
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Notice of the Council’s preliminary decision to confirm the Scheme was provided to the Scottish Ministers and those residents who submitted an objection on 12 December 2024. 4.2 On 30 January 2025, the Scottish Ministers responded, confirming under Paragraph 7(1) of Schedule 2 of the 2009 Act, that it was their decision not to call the Scheme in and noting the issues raised in the objections did not appear to warrant a formal public local inquiry or further consideration by them. As a result, under Paragraph 8(1) of Schedule 2 of the 2009 Act the Council was required to hold a Local Authority Hearing to consider the proposed Scheme. Local Authority Hearing 4.3 Council officers approached the Scottish Government Directorate for Planning and Environmental Appeals (DPEA) to supply a suitable independent Reporter for the Local Authority Hearing. Mr Paul Cackette was duly appointed as the independent Reporter on 25 February 2025. The Reporter was appointed to make a recommendation to the Council on whether the Council should: • Confirm the proposed Scheme without modification, • Confirm the proposed Scheme with modifications, or • Reject the proposed Scheme. 4.4 In advance of the Local Authority Hearing, the Reporter required the Council to submit a Statement of Case in support of the proposed Scheme and their assessment of the objections. The objectors were then invited to submit their Statement of Case in response, and a site visit of the proposed Scheme took place with all parties in attendance on 30 June 2025. 4.5 On 18 September 2025 an invitation to the Local Authority Hearing was issued to both objectors and a notice providing details of the Local Authority Hearing was published in a local newspaper on 25 September 2025 as required by the 2009 Act. 4.6 The Local Authority Hearing to resolve the objections was held over a three- day period (28-29 October 2025 and 03 February 2026). The Local Authority Hearing took place online and members of the public were able to view the live proceedings. Recordings of each day of the Local Authority Hearing can be viewed at: https://www.pkc.gov.uk/article/24813/South-Kinross-Flood-Protection- Scheme-Local-Authority-Hearing 4.7 The Local Authority Hearing was chaired by the Reporter and attended by officers from the Council’s Flooding Team and Legal Service, appointed consultant engineers (RPS/Tetra Tech), and both objectors including their legal and technical representatives.
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4.8 On conclusion of the final day of the Local Authority Hearing the Reporter requested the Council and both objectors submit Closing Statements by 24 February 2026. All parties submitted Closing Statements accordingly. 4.9 The Reporter provided his Recommendation Report on 12 March 2026, which recommended that the proposed South Kinross Flood Protection Scheme be ‘Confirmed without Modification’. A copy of the report can be viewed at: https://www.pkc.gov.uk/article/24813/South-Kinross-Flood-Protection- Scheme-Local-Authority-Hearing 4.10 Following the production of the Reporter’s Recommendation Report, Council officers have, and continue to, liaise with both objectors to address their concerns in relation to maintaining access to their land over or around the proposed flood defences. This process will continue as part of the development of the Scheme detailed design. Funding 4.11 The South Kinross Flood Protection Scheme has been prioritised in the published Forth Estuary Flood Risk Management (FRM) Plan and Local FRM Plan. The flood scheme is therefore able to apply for Scottish Government capital grant assistance, attracting 80% of the project value at tender stage. The Council is required to fund the remaining 20% in addition to any cost increases beyond tender stage. 4.12 The estimated capital cost of the Scheme in 2023 was £15.08M. It was anticipated that the Scottish Government would contribute £12.06M (80% of £15.08M) and the Council’s contribution was expected to be £3.02M (20% of £15.08M). The Scheme is included in the Council’s current capital programme. 4.13 However, in January 2026 the Scottish Government/COSLA agreed that a ‘funding cap’ is applied to flood schemes that were subject to a Local Authority Hearing or Public Inquiry, and as such this applies to the South Kinross Flood Protection Scheme. The recommendation notes that the ‘funding cap’ falls short of the original 80% capital grant assistance but there may be a mechanism to apply for the shortfall in funding through ‘the exceptional circumstances business case’. There are limited details at this time on how the process will be administered, but it is proposed to submit a business case at the appropriate time. 4.14 The implementation of the flood scheme has, however, been significantly delayed due to the Local Authority Hearing process. The current outline design for the proposed scheme requires further development as part of the detailed design process and some further statutory consents require to be obtained. Construction is now anticipated to commence in Summer/Autumn 2027 assuming no further delay to the statutory process and the current detailed design programme.
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4.15 The current global economic and financial climate has seen significant cost increases since the scheme economic appraisal was carried out in 2023. An updated accurate cost appraisal of the Scheme will be provided upon completion of Detailed Design and any subsequent Tender Returns. 4.16 The on-going maintenance costs for the scheme are estimated at £38,000 per annum. This additional cost will require to be considered through the Council’s revenue budget process once the scheme has been completed. 5 Proposals 5.1 As a result of receiving two valid objections, a Local Authority Hearing was held across 28-29 October 2025 and 03 February 2026. The Reporter has recommended that the Council make a final decision to confirm the Scheme without modification. 5.2 Therefore, the Council must make a final decision under Paragraph 9 of Schedule 2 of the 2009 Act to either: a) Confirm the proposed Scheme without modification, b) Confirm the proposed Scheme with modifications, or c) Reject the proposed scheme. 5.3 Prior to making the above decision, the Council must consider: a) The valid objections – these can be viewed in Appendix B and; b) The representations made at the local hearing. These are set out in the report provided by the Reporter in Appendix C. c) The proposed scheme layout as provided in Appendix A (and scheme documents available on the Council’s webpage below) and ongoing discussions with both objectors to address concerns regarding access over or around the proposed flood defences. https://www.pkc.gov.uk/southkinrossfloodschemedocs d) The scheme’s environmental impact as set out within the Environmental Impact Assessment Report (EIAR). The EIAR is available online at: https://www.pkc.gov.uk/southkinrossfloodschemedocs 5.4 It is proposed that the Council make a final decision to ‘Confirm the proposed Scheme without modification’. Once this final decision has been made, the Council is required to: a) notify all parties required by the 2009 Act, b) notify every relevant objector, and c) place a Notice in a local newspaper and the Edinburgh Gazette. 5.5 A period of 6 weeks is then allowed for an appeal to be lodged by any person affected by the Scheme. The grounds of appeal are that in reaching a decision to confirm the Scheme, the Council erred in law or that there was a failure to comply with the procedural requirements contained in Schedule 2 of
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the 2009 Act (or any Regulations made under that Act). If no appeals are lodged, the Scheme would become operative after this 6-week period. 5.6 Subject to the Scheme being confirmed, consulting engineers will progress and finalise the necessary detailed design work in consultation with affected landowners and the local community. Subject to funding, construction works are anticipated to commence no earlier than Autumn 2027, assuming no further delay to the statutory process, the current detailed design programme, and that the tender process can be concluded successfully. 5.7 The 2009 Act does not require a separate planning application for flood protection schemes. If such schemes are confirmed under the 2009 Act, then the Scottish Ministers must also direct that planning consent is deemed to have been granted. 5.8 It is, therefore, proposed that further work be undertaken with Planning colleagues, when the Scheme is confirmed, towards writing to the Scottish Government setting out proposed planning conditions and requesting that planning permission shall be deemed to be granted and be subject to those conditions. 5.9 The Council shall seek to recover up to 80% of the capital cost of the Scheme from the Scottish Government through ‘the exceptional circumstances business case’ once details are known. An updated accurate cost appraisal of the Scheme will be provided upon completion of Detailed Design and any subsequent Tender Returns thereafter. 6 Conclusion 6.1 The purpose of the flood protection scheme is to manage fluvial flood risk in Kinross. 6.2 The Scheme was published on 26 March 2024 and received two objections. Extensive consultation with both landowners was carried out but an agreement could not be reached to allow the withdrawal of either objection. 6.3 The Council appointed an independent Reporter and held a Local Authority Hearing across 28-29 October 2025 and 03 February 2026 to consider the objections. 6.4 The Reporter recommended that the Council confirm the Scheme without modification. 6.5 This report proposes that the Council consider the valid objections, the Scheme’s environmental Impact, the Reporters Recommendation Report, and makes a final decision to confirm the proposed South Kinross Flood Protection Scheme 2024 without modification.
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6.6 The report seeks the Council’s acknowledgement of the Scottish Government’s funding decision and the requirement to enter into the ‘exceptional circumstance business case’ process. 6.7 The report seeks the Council’s approval to authorises the Strategic Lead - Environment and Infrastructure to carry out all necessary steps to complete the statutory process and implement the Scheme, subject to full funding being in place. 7. Impact Value Assessment 7.1 This report has been classified as being an operational report and as such does not require a full Impact and Value Assessment. 8. Appendices 8.1 Appendix A: Plan of Proposed Scheme Design 8.2 Appendix B: Objections to South Kinross Flood Protection Scheme 8.3 Appendix C: Local Authority Hearing Reporter’s Recommendation Report