Flood Studies - Dunkeld & Perth (Feus Road & Cavendish Avenue/Gray Street)
Perth and Kinross Council · 31 May 2023
Back to Climate Change and Sustainability Committee — 31 May 2023 and its agenda
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PERTH AND KINROSS COUNCIL Climate Change & Sustainability Committee 31 May 2023 FLOOD STUDIES - DUNKELD & PERTH (FEUS ROAD & CAVENDISH AVENUE/GRAY STREET) Report by Head of Environmental and Consumer Service (Report No. 23/166) 1. PURPOSE 1.1 This report sets out the outcome of the Council’s flood studies in two separate locations – Dunkeld and Perth (Feus Road and Cavendish Avenue/Gray Street). The report recommends that a flood protection scheme is taken forward for Dunkeld as it has been found to be economically viable. As such, the proposed scheme for Dunkeld will be submitted to SEPA for national prioritisation and inclusion in the next Tay Flood Risk Management Plan and Local Flood Risk Management Plan, to be published in 2028. The report also recommends that flood protection schemes are not taken forward at Feus Road or Cavendish Avenue/Gray Street in Perth, as they were not found to be economically viable. 2. RECOMMENDATIONS 2.1 It is recommended that Committee: (i) notes the completion of the Dunkeld Flood Study and the Perth Flood Study (for surface water flooding in the vicinity of Feus Road and Cavendish Avenue/Gray Street), as required by the Tay Flood Risk Management Plan and Local Flood Risk Management Plan. (ii) notes that separate public engagement events have been held to disseminate the findings of each flood study. (iii) approves the recommendations of each study, including: • the proposals for a flood protection scheme in Dunkeld; • to stop work on surface water flood schemes for Feus Road and Cavendish Avenue/Gray Street in Perth as they would provide limited protection and are not economically viable. (iv) notes that the Council will continue to manage flood risk in those areas of Perth by implementing the actions set out in the published Tay Flood Risk Mangement Plan and Local Flood Risk Management Plan. (v) notes that details of the recommended flood protection scheme for Dunkeld will be submitted to SEPA for national prioritisation and inclusion in the Cycle 3 (2027-2033) Tay Flood Risk Management Plan,
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to be published in December 2027, and Tay Local Flood Risk Management Plan, due for publication in 2028. 3. STRUCTURE OF REPORT 3.1 This report is structured over the following sections: • Section 4: Background/Main Issues • Section 5: Proposals • Section 6: Conclusion • Appendices 4. BACKGROUND / MAIN ISSUES 4.1 Under the Flood Risk Management (Scotland) Act 2009, SEPA and lead local authorities published their Cycle 1 Flood Risk Management (FRM) Strategies and Local FRM Plans in December 2015 and June 2016 respectively. These documents set out a range of actions that SEPA and responsible authorities took to manage and, where possible, reduce the risk of flooding over a six- year period. 4.2 The (then) Environment Committee approved the content and publication of the Cycle 1 Tay Local FRM Plan on 1 June 2016 (Report 16/241 refers). The (then) Environment and Infrastructure Committee subsequently approved the content of an Interim Report on the progress made in implementing the Cycle 1 Local FRM Plans on 23 January 2019 (Report 19/16 refers). 4.3 SEPA and lead local authorities published updated Cycle 2 FRM Plans and Local FRM Plans in December 2021 and December 2022 respectively for the six-year period from 2022 to 2028. The Climate Change & Sustainability Committee approved the content and publication of the Cycle 1 Final Report and Cycle 2 Tay Local FRM Plan on 19 December 2022 (Report 22/307 refers). The published documents can be viewed at the following link: http://www.pkc.gov.uk/frmplans 4.4 The published FRM Plans and Local FRM Plans identify various flood studies as a means of further improving the understanding of flood risk in certain locations. A flood protection study was identified for Dunkeld and for Perth. 4.5 In Perth, an Integrated Catchment Study (ICS) was carried out jointly by the Council and Scottish Water to improve the understanding of sewer and surface water flood risk and to identify the areas of highest risk. Following this, Scottish Water and the Council carried out further joint work at Feus Road and Cavendish Avenue/Gray Street, as part of a wider Scottish Water sewer flooding project. 4.6 The purpose of these flood studies was to investigate what further action would be required to manage flood risk in these locations. Such action can be implemented through flood protection schemes, where these are found to be technically feasible and economically viable.
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4.7 The 2009 Act provides local authorities with discretionary powers to promote 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 are taken forward in the subsequent 6-year period. 4.8 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. Dunkeld 4.9 Dunkeld is located in the River Tay catchment within Potentially Vulnerable Area (PVA) 02/08/08. 4.10 The main potential source of flooding in Dunkeld is fluvial (river) flooding from the River Tay, the River Braan and other small watercourses including the Spoutwells, Sawmill Brae and Inchewan Burns. 4.11 In January 2020, consulting engineers, AECOM Ltd, were engaged to carry out a flood study for Dunkeld. 4.12 AECOM’s investigations involved extensive data gathering and analysis, consultations, topographic surveys, a hydrological assessment, hydraulic modelling, an environmental desk study, an options study, an economic appraisal and the production of final reports. 4.13 The flood study analysed the flooding mechanisms affecting Dunkeld and a series of flood hazard maps were produced. The study identified properties at risk of flooding from the Spoutwells and Sawmill Brae Burns in the vicinity of Atholl Gardens, Atholl Street, High Street and Cathedral Street. There is also a risk of flooding from the River Tay to Boat Road and the greenspace areas to the South of Cathedral Street in Dunkeld. There is a risk of flooding on the River Braan to various areas of Inver including the Caravan Park (although they have installed private flood defences). There is a risk of flooding from the River Tay and the Inchewan Burn to properties on Burnmouth Road in Birnam. 4.14 A separate assessment of flood risk at Trochry was modelled but only one property was found to be affected so no further action was taken. 4.15 The study identified that up to 138 properties are potentially at risk during a 1 in 200 year flood event (the flood event with a 0.5% chance of occurring in any one year). In future this is estimated to increase to 157 properties due to the effects of climate change. 4.16 In managing flood risk, the Council is required to have regard to the economic, social and environmental impact of its actions. The Scottish
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Government’s guidance recommends that decision making in flood risk management should be supported by an options appraisal. 4.17 An options appraisal includes a cost-benefit analysis and other techniques to determine whether a flood protection scheme meets its objectives, is sustainable and represents best value for money. In general, the cost of flood damage avoided over time must be greater than the cost of building the flood defences, i.e., they must achieve a benefit/cost ratio of greater than 1.0. 4.18 AECOM initially considered a long list of potential options to manage the risk of flooding. This long list was refined by a technical, environmental and economic appraisal to produce a short list of four options for more detailed appraisal. Plans showing the four short listed options are included in Appendix 1 and consist of: 1. Culvert upgrades on Sawmill Brae and Spoutwells Burn, Dunkeld (options 1a and 1b) ; 2. New flood wall and embankment at Burnmouth Road, Birnam (options 2a and 2b) 3. Planned relocation of affected properties at Burnmouth Road, Birnam; 4. New flood wall and embankment on North Bank of River Tay at Dunkeld.(options 4a, 4b and 4c) 4.19 Many of the properties at risk are located at Inver on the River Braan. Unfortunately, all actions relating to the River Braan did not meet the minimum economic criteria or would increase flood risk elsewhere to an unacceptable level. As such, flood defences on the River Braan were not considered further. 4.20 The final short list of potential options, together with the estimated costs and benefit/cost ratios, is shown in Appendix 2. 4.21 Each of the four short-listed options have varying levels of benefit. Sub- options, with different standards of flood protection, were considered due to the complexities of the urban environment, steepness of the local topography and differences in design height of the proposed defences that could be deemed acceptable to the local community. 4.22 The study concluded that the short-listed options for the River Tay and the Inchewan Burn are not economically viable as they all have a cost benefit ratio of less than 1.0. However, the short-listed options for the Sawmill Brae and Spoutwells Burn in Dunkeld did achieve a cost benefit ratio of greater than 1.0 and Option 1b has been identified as the most cost-effective. 4.23 The flood study therefore recommended Option 1b which includes the following set of actions: • Upgrade and raise existing headwalls on the Sawmill Brae Burn near junction of Blairgowrie Road/A923. • Upgrade and increase diameter of existing culverts on Sawmill Brae Burn at Blairgowrie Road/A923 and Atholl Gardens
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• Upgrade and increase diameter of existing culvert on Spoutwells Burn at Spoutwells. • Upgrade and raise existing headwall on Spoutwells Burn near Atholl Gardens • Property level protection or raising local ground levels for three properties on Sawmill Brae Burn. 4.24 The recommended option is estimated to have a capital cost of £0.628M and an overall benefit/cost ratio of 2.21. The flood study has, therefore, concluded that this flood protection scheme is economically viable and should be implemented. 4.25 If these actions were to be implemented, then a total of 35 properties would be protected up to the 1 in 100-year flood, as described in Appendix 2. 4.26 In order to disseminate the findings of the flood study, and to outline how flood risk is being managed in the area, a newsletter was posted to local residents and published on the Council’s consultation hub in February 2023. A community drop-in session was also held at Atholl Arms Hotel, Dunkeld on Tuesday 7 March from 2pm until 8pm. This allowed the community to view and comment on the study findings. Further details are provided in Section 4 of the Annex to this report. Perth (Feus Rd and Cavendish Avenue/Gray Street) 4.27 Perth is located within the Tay catchment within Potentially Vulnerable Area (PVA 02/08/12). 4.28 Feus Road and Cavendish Avenue/Gray Street are located to the west of the city centre and properties in these areas are at significant risk of flooding from the combined sewer network and surface water. There has been a history of regular urban flooding at both locations, due to short duration/high intensity storm events, which overwhelm the capacity of the combined sewer network and generate a lot of surface water runoff. 4.29 Consulting engineers, ARC, were engaged by Scottish Water to carry out the Perth Integrated Catchment Study (ICS). The study involved extensive data gathering and analysis, consultations, topographic surveys, a hydrological assessment, hydraulic modelling and the production of final reports. The project was carried out jointly between Scottish Water and the Council and was completed in December 2019. 4.30 The study analysed the integrated flooding mechanisms affecting the city and a series of flood maps were produced. This work provided a detailed understanding of sewer and surface water flood risk across the city and identified 32 areas at high risk of flooding (referred to as ‘flooding hotspots’). 4.31 Following completion of the Perth ICS, Scottish Water retained ARC to carry out a further, more detailed study into the sewer flood risk in the 5 areas of
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highest sewer flood risk in the city, i.e., Feus Road, Cavendish Avenue, Marshall Place, Hay Street and South Street. 4.32 Due to the influence of surface water flooding in the identified hotspots around Feus Road and Cavendish Avenue/Gray Street, the Council engaged with Scottish Water’s study to undertake a joint investigation of the potential options to manage and, where possible, reduce flood risk at both these locations. 4.33 This study built on the extensive work previously carried out at both locations and included further data gathering and analysis, consultations, topographic and drainage surveys, hydraulic modelling, an options study, economic appraisals and the production of final reports. 4.34 The existing hydraulic model for the Perth ICS was further developed and used to better understand the flooding mechanisms affecting both areas. This allowed for more detailed flood mapping to be produced to understand the level of flood risk affecting each area. 4.35 The study identified that during a 1 in 200 year flood event (the flood event with 0.5% chance of occurring in any one year): • up to 46 residential properties and 7 non-residential properties were potentially at risk at Feus Road; and • up to 71 residential properties and 6 non-residential properties were potentially at risk at Cavendish Avenue/Gray Street. This flood risk is due to sewer surcharge, overland surface water flooding or a combination of both. 4.36 In managing flood risk, the Council is required to have regard to the economic, social and environmental impact of its actions. The Scottish Government’s guidance recommends that decision making in flood risk management should be supported by an options appraisal. 4.37 The options appraisal includes a cost-benefit analysis and other techniques to determine whether a flood protection scheme meets its objectives, is sustainable and represents best value for money. In general, the cost of flood damage avoided over time must be greater than the cost of building the flood defences, i.e., they must achieve a benefit/cost ratio of greater than 1.0. 4.38 For each location, ARC initially considered a long list of potential options to manage the risk of sewer and surface water flooding. This long list was refined by a technical, environmental and economic appraisal to produce a short list for more detailed analysis. Due to similarities between the sites, this process resulted in 3 similar potential options for each site. 4.39 Plans showing each option are included in Appendices 3 and 4, together with the estimated costs and benefit cost ratios.
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4.40 The short-listed options were initially tested against a less severe 1 in 30 year flood event (the flood event with 3.33% chance of occurring in any one year). This was in line with Scottish Water’s required standard for their sewer systems. It became evident that individual options would not provide the required standard of flood protection and all 3 options would have to be combined. 4.41 ARC concluded that none of the options considered have a benefit/cost ratio greater than 1.0 and flood schemes in these areas are therefore not economically viable (both were significantly below 1.0). The options also provided a very limited standard of flood protection, with a significant remaining residual flood risk. Further work to develop the options to a higher standard of flood protection was not taken forward as this would not have improved the benefit/cost ratios. 4.42 Work on flood schemes for these areas is not considered to be feasible or economically viable and has therefore not progressed to the design stage. 4.43 However, Scottish Water are continuing to develop potential proposals for sewer improvements in these areas as part of their internal investment appraisal process, which is expected to conclude in the autumn of 2023. They will share the outcome of this with the affected communities at that time. 4.44 As part of this, Scottish Water will also continue to engage with the Council’s Property and Housing section to identify future opportunities to deliver future potential improvements: • Utilising the old Crieff Road Nursery site as a potential location for combined sewer storage tanks (Feus Road); • Separating surface water out of the combined sewers at Perth Academy as part of future capital maintenance (Cavendish Avenue/Gray Street); • Flood resilience measures for ‘at risk’ Council housing (Cavendish Avenue/Gray Street); 4.45 The study has also informed other on-going actions to manage flood risk at both locations under the 2009 Act. Perth is one of the 235 Potentially Vulnerable Areas (PVAs) in Scotland that have been identified as being at a significant risk of flooding and where flood risk management actions should be prioritised. The current Tay Local FRM Plan includes the following actions for Perth: • Perth Surface Water Management Plan • Flood forecasting (SEPA) • Awareness raising; • Self-help measures; • Maintenance; • Emergency plans/response; • Managing flood risk through the application of development planning policy.
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4.46 The recommendations and conclusions within ARC’s report align with the actions proposed as part of the current Tay Local FRM Plan. 4.47 As noted at 4.8, individuals, businesses and communities must play a critical role in making themselves more resilient and helping to reduce the impact of flooding. The Tay Local FRM Plan therefore includes actions which are intended to enable communities to act and to become more resilient to flooding. 4.48 In order to disseminate the findings of this flood study, and to outline how flood risk is being managed in the area, community drop-in sessions were held on 1 November 2022 (Feus Road) and 23 March 2023 (Cavendish Avenue/Gray Street). Further details are provided in Section 4 of the Annex to this report. 4.49 The Council will continue to raise awareness of flooding and encourage the local community and other landowners to become more prepared and resilient to deal with flooding in the future. 5. PROPOSALS Dunkeld 5.1 The Council’s consulting engineers, AECOM Ltd, have recommended a flood protection scheme for Dunkeld. It is proposed that this scheme is taken forward by the Council. 5.2 The recommended flood protection scheme involves a collection of localised actions, as set out in section 4.23 of this report. 5.3 The proposed flood protection scheme is shown as Option 1b in Appendices 1 & 2 of this report. Perth (Feus Rd and Cavendish Avenue/Gray Street) 5.4 As the consulting engineer’s report has demonstrated that surface water flood schemes in the vicinity of Feus Road and Cavendish Avenue/Gray Street are not economically viable, it is proposed that no further work should be undertaken by the Council on the development of these schemes. 5.5 The Council will continue to manage flood risk in these areas by implementing the other actions set out in the published Tay FRM Plan and Local FRM Plan. Next Steps 5.6 The conclusion of the Dunkeld flood study was too late to be included within the recently published Tay FRM Plan and Local FRM Plan for the period covering 2022 - 2028. The Council will submit details of the proposed scheme to SEPA for prioritisation (within the national list of flood schemes) and inclusion within the Cycle 3 Tay FRM Plan and Local FRM Plan covering
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the period from 2028 - 2034. This process is essential to secure the necessary capital grant funding to design and construct the scheme. 5.7 The Cycle 3 Tay Local FRM Plan should set out the proposed implementation arrangements for the flood scheme in Dunkeld, including timescales and how it will be funded. However, due to the on-going Scottish Government/CoSLA review of capital funding for flood schemes, and the other schemes that the Council is already progressing, the timescales and funding arrangements for the Dunkeld scheme remain unclear for the time being. The next phases of work to develop the flood scheme proposals will therefore not commence until the funding review provides further clarity around capital grant funding and provision is made within the Council’s capital programme. 6. CONCLUSION 6.1 This report provides an update on the outcome of separate flood studies in Dunkeld and Perth (Feus Road and Cavendish Avenue/Gray Street). 6.2 The Council engaged consulting engineers to carry out these flood studies. These communities were identified as being among the Council’s highest priority flood studies within the Tay Flood Risk Management Strategy and Local Flood Risk Management Plan. 6.3 The Council’s consulting engineers have recommended a flood protection scheme for Dunkeld. The proposed scheme is economically viable, and the preliminary proposals consist of various measures to reduce the risk of flooding from the Spoutwells and Sawmill Brae Burns in Dunkeld. This report therefore seeks the Committee’s approval that the consulting engineer’s recommended proposals be promoted as a flood scheme for Dunkeld, subject to funding. 6.4 The Council and Scottish Water’s consulting engineers have concluded that surface water flood schemes in the vicinity of Feus Road and Cavendish Avenue/Gray Street are not economically viable. It is, therefore, proposed no flood schemes are taken forward by the Council. Scottish Water continue to carry out their internal project investment appraisal on the identified options at both locations and will update the local communities of the outcome in Autumn 2023. Author(s) Name Designation Contact Details Peter Dickson Interim Flooding Manager 01738 475000 ComCommitteeReports@pkc.gov.uk Gavin Bissett Engineer (Flooding) Russell Stewart Engineer (Flooding) Approved Name Designation Date Barbara Renton Executive Director (Communities) 19 May 2023
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APPENDICES • Appendix 1 – Dunkeld Flood Study – Plans of Potential Options • Appendix 2 – Dunkeld Flood Study – Short List of Potential Options • Appendix 3 – Flooding at Feus Road, Perth • Appendix 4 – Flooding at Cavendish Ave / Gray St, Perth
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ANNEX 1. IMPLICATIONS, ASSESSMENTS, CONSULTATION AND COMMUNICATION Strategic Implications Yes / None Community Plan / Single Outcome Agreement Yes Corporate Plan Yes Resource Implications Financial Yes Workforce None Asset Management (land, property, IST) None Assessments Equality Impact Assessment Yes Strategic Environmental Assessment Yes Sustainability (community, economic, environmental) Yes Legal and Governance Yes Risk Yes Consultation Internal Yes External Yes Communication Communications Plan Yes 1. Strategic Implications Community Plan/Single Outcome Agreement 1.1 This report supports all of the priorities within the Community Plan 2022-27. (ii) Mental and physical wellbeing (v) Employability Corporate Plan 1.2 This report supports the objectives within the draft new Corporate Plan:- (i) Children and young people grow up safe, respected, well-educated, and confident in their ability to realise their full potential; (ii) People and businesses are increasingly able to prosper in a local economy which support low carbon ambitions and offers opportunities for all; (iii) People can achieve their best physical and mental health and have access to quality care and support when they need it; (iv) Communities are resilient and physically, digital and socially connected; (v) Perth and Kinross is a safe and vibrant place, mitigating the impact of climate and environmental change for this and future generations.
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2. Resource Implications Financial 2.1 It should be noted that the proposed flood protection scheme in Dunkeld will not be implemented at this time. The implementation arrangements (if known) will be set out in the Cycle 3 Tay Local FRM Plan, which will cover the six year period from 2028-2034 and is due to be published in June 2028. Subject to available funding, consulting engineers will be re-engaged to carry out further investigations and develop the flood scheme proposals at some time during 2028-2034. As a result, there are no immediate resource implications arising directly from the recommendations in this report. 2.2 However, the flood risk management planning process will have future financial implications. The Cycle 3 Tay Local FRM Plan will contain the implementation arrangements including a timetable for the proposed flood scheme, who will be responsible for implementing it, as well as how it will be funded (if known) and coordinated by SEPA and the responsible authorities over the next six-year cycle from 2028-2034. 2.3 The 2009 Act requires the Scottish Government to have regard to the FRM Plans and Local FRM Plans when allocating funds to SEPA and responsible authorities. The Scottish Government, CoSLA and SEPA agreed the distribution of capital funding to the actions identified nationally in the Cycle 1 FRM Strategies and Local FRM Plans. The following arrangements currently apply: (i) Only works and schemes that are prioritised in the FRM Plans and Local FRM Plans are eligible for capital funding. (ii) Flood protection schemes attract capital grant assistance of up to 80% of their estimated project cost at tender stage from the Scottish Government. Local authorities are required to fund the remainder of the cost of flood schemes. (iii) The Scottish Government allocates capital funding to local authorities engaged in flood risk management across Scotland. 80% of this capital funding will continue to be allocated to flood protection schemes with the remaining 20% to other actions within the FRM Plans, as detailed in the Local FRM Plans. This 20% is distributed to the 32 Scottish local authorities based on the number of properties at risk of flooding and the estimated annual average flood damages. 2.4 At present, the allocated capital grant is adjusted as the flood scheme proposals are developed. The estimated costs of flood schemes across Scotland will therefore continue to be reported to the Scottish Government by local authorities on an annual basis. 2.5 These arrangements are currently under review by the Scottish Government and CoSLA, due to the current projected costs of Cycle 1 flood schemes across the country, and the available funding.
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2.6 The Council currently has four flood protection schemes that had been included in the national priority list for Cycle 1 from 2016-2022 and work on them continues. However, as a result of the above review, the 4th priority flood scheme, on the Annaty Burn in Scone, has been paused. While this scheme may still progress in the future, it is likely to take longer to implement due to these funding limitations. 2.7 No capital funding has been allocated to any new Cycle 2 or 3 flood schemes in Scotland. The Council has not made an allocation for its 20% contribution to the capital costs at this time. The timescales and funding arrangements for the proposed new flood scheme in Dunkeld therefore remain unclear for the time being. 2.8 The conclusion of the national review into capital funding for flood schemes is awaited. In the meantime, COSLA leaders have confirmed that it is expected that the Local Government General Capital Grant will continue to include resources allocated for flooding projects, and decisions on quantum and distribution will be taken by Scottish Ministers and COSLA Leaders nearer the time. 2.9 The proposals and cost estimates for the recommended flood scheme in Dunkeld still have to be developed through a long process of further investigations, consultation, outline design, the statutory process, detailed design, tendering and construction. Experience on other similar schemes has invariably shown that the costs estimated at feasibility stage always increase. The scheme costs noted in this report are therefore subject to change and will have to be carefully monitored going forward. 2.10 There are no current revenue funding implications arising from the recommendations in this report. Workforce 2.11 There are no workforce implications arising directly from the recommendations in this report. Asset Management (land, property, IT) 2.12 The proposals in this report have no asset management implications at this time. 3. Assessments Equality Impact Assessment 3.1 Under the Equality Act 2010, the Council is required to eliminate discrimination, advance equality of opportunity, and foster good relations between equality groups. Carrying out Equality Impact Assessments for plans and policies allows the Council to demonstrate that it is meeting these duties.
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The Equality Impact Assessment undertaken in relation to this report can be viewed clicking here. 3.2 The proposals in this report have been considered under the Corporate Equalities Impact Assessment process (EqIA) with the following outcome: (i) It was determined that the proposals be assessed as relevant with the following actions taken to reduce or remove the following negative impacts: • The construction works for the proposed flood scheme could temporarily have a greater impact on mobility impaired, sight impaired, blind people or disabled people, on children and the elderly and infirm, and on pregnant women or nursing mothers, in relation to adverse psychological, physical and health impacts. Appropriate mitigation measures will be adopted to minimise disruption, noise, dust and vibration and to ensure adequate safe access throughout the construction works. (ii) The proposals be assessed as relevant and the following positive outcomes expected following implementation: • The proposed flood scheme will have the same positive impact for all equality groups as the reduction in flood risk to both communities will provide benefits for all (improved safety, health & wellbeing through the avoidance of flood impacts and damages) in the long term. Strategic Environmental Assessment 3.3 The Environmental Assessment (Scotland) Act 2005 places a duty on the Council to identify and assess the environmental consequences of its proposals. 3.4 The matters presented in this report were considered under the Environmental Assessment (Scotland) Act 2005 and no further action is required as it does not qualify as a PPS as defined by the Act and is therefore exempt. 3.5 It is likely that an Environmental Impact Assessment will be required to support the proposed flood scheme described in this report. This assessment will be progressed once consulting engineers have been engaged. Sustainability 3.6 Under the provisions of the Local Government in Scotland Act 2003, the Council has to discharge its duties in a way which contributes to the achievement of sustainable development. Under the Climate Change (Scotland) Act 2009 the Council also has a duty relating to climate change and, in exercising its functions must act:
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• in the way best calculated to delivery of the Act’s emissions reduction targets; • in the way best calculated to deliver any statutory adaptation programmes; and • in a way that it considers most sustainable. 3.7 Following an assessment using the Integrated Appraisal Toolkit, it was previously determined that the proposal is likely to contribute positively to the following corporate sustainable development principles: (i) Climate Change Efficient use of resources now and in the future in the built environment and service provision (e.g. energy efficiency, land, water resources, flood defence, waste minimisation) (Principle 2) Mitigation and adaptation to manage the impact of climate change & reduce the production of greenhouse gases (Principle 3) Justification: The flood scheme proposed in this report will help to manage the increased flood risk to Dunkeld brought about by climate change. (ii) Community Creating a sense of place (e.g. a place with a positive ‘feeling' for people, and local distinctiveness) (Principle 22) Justification: The flood scheme proposed in the report will help to make the Dunkeld community safer and more sustainable for residents, through a reduction in flood risk. This will help the communities to thrive in the longer term despite the temporary construction impacts. 3.8 Following an assessment using the Integrated Appraisal Toolkit, it was previously determined that the proposal is likely to contribute negatively to the following corporate sustainable development principles: (iii) Consumption and Resources Efficient use of resources now and in the future in the built environment and service provision (e.g. energy efficiency, land, water resources, flood defence, waste minimisation) (Principle 2) Mitigation and adaptation to manage the impact of climate change & reduce the production of greenhouse gases (Principle 3) Justification: There will be a short-term increase in the use of materials and resources during construction of the flood scheme, but a future reduction due to reduced flood risk.
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Mitigation: The Environmental Impact Assessment and eventual Construction Environmental Management Plan will consider energy consumption and waste management practices during construction. Legal and Governance 3.9 The Head of Legal and Governance has been consulted on this report. 3.10 The legal basis for the proposals set out in this report in the Flood Risk management (Scotland) Act 2009. Risk 3.11 Flooding is a natural phenomenon that can never be entirely prevented. However, the Council is required to manage and, where possible, reduce flood risk. 3.12 The flood scheme proposed in this report will reduce flood risk in Dunkeld. The risks associated with the proposals set out in this report will be identified and managed through this individual project. 4. Consultation Internal 4.1 The Head of Legal and Governance and the Head of Finance have been consulted in the preparation of this report. External Dunkeld 4.2 Dunkeld and Birnam Community Council, SEPA, NatureScot, Transport Scotland, Scottish Forestry, Scottish Water and all relevant landowners and occupiers were consulted during the development of the proposals. 4.3 A summary of the draft outputs from the flood study was placed on the Council’s consultation hub at https://consult.pkc.gov.uk/communities/dunkeldfps/ from 17 February to 10 March 2023 to allow the community to view and comment on the study findings. This provided detail on: • the risk of flooding in Dunkeld; • the outcome of the Council’s flood study; • work to raise awareness of flooding and to help the local community to become more prepared and resilient to deal with flooding. 4.4 A community drop-in session was held at the Atholl Arms Hotel, Dunkeld from 2pm to 8pm on 7 March 2023 and offered residents a further opportunity to
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view and comment on the draft outputs from the flood study. Representatives from the Council’s Flooding Team, AECOM, SEPA, and the Scottish Flood Forum were available to answer questions and provide further information. 4.5 In February 2023, a letter was issued to the local elected members and the Community Council, and 403 letters were sent to residents and businesses within the local community. This letter directed residents to the consultation hub, invited them to a drop-in session, and outlined an opportunity to record their views and questions on comment forms. Social media posts were also arranged through the Council’s communications team. A total of 28 residents attended the drop-in session. 4.6 A total of 15 responses were provided as a mixture of e-mails and completed comment forms. 4.7 In general, the comments received from the community were positive and covered a number of different concerns. Some residents wished to understand what impact the proposed flood scheme would have on existing planting whilst others wanted to understand the appraisal process, and if natural flood management had been considered. 4.8 The Council collated all comments and issued a response to the community in April 2023 answering all questions raised during the online consultation period. The Council’s consultation hub has also been updated to confirm the outcome of this process. Perth (Feus Road & Cavendish Avenue/Gray Street) 4.9 SEPA, Scottish Water and all relevant landowners and occupiers were consulted on the development of the proposals. 4.10 The Council and Scottish Water held separate community drop-in events for residents in the vicinity of Feus Road and Cavendish Avenue/Gray Street. These events offered residents a further opportunity to view and comment on the draft outputs from the flood study. The aim of these events was to provide the local community with further information on:- • the risk of flooding and the various flooding mechanisms; • the findings from the flood study; and • other actions to raise awareness and improve community flood resilience. The information was also placed on the Council’s consultation hub. Feus Road 4.11 A community drop-in session was held from 2 - 8pm on 1 November 2022 at the Caley Bowling Club on Feus Road. The drop-in session included a series of display boards describing out the work carried out and included flood risk maps and plans of the options considered. Representatives from Perth & Kinross Council’s flooding team, Scottish Water, ARC, SEPA and the Scottish
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Flood Forum were present to answer questions and provide further information. Those attending were given an opportunity to record their views and questions on comment forms. 4.12 120 residents and businesses in the Feus Road area have received regular newsletters for some time informing them of the work that has been carried out by the Council and Scottish Water. The drop-in session was advertised through this regular newsletter and an additional letter was issued to the local elected members, and a further 27 addresses on Crieff Road. The session was also advertised on the Council’s social media. 14 people attended the drop-in session, including 2 local elected members. 4.13 The flood study information was also made available online on the Council’s consultation hub at https://consult.pkc.gov.uk/communities/feusroad/ from 7 - 30 November 2022 to allow the community a further opportunity to view and comment on the findings. This was advertised via letters to 147 residents. 4.14 Five comment forms were received from the community and the response at the drop-in session was limited. The majority of comments focussed on the issue of road closures during flooding, but this was already clearly addressed in the display materials provided. One response provided more detailed comments, and this has resulted in Scottish Water carrying out further engagement with the resident and neighbouring properties, to inform their investment appraisal process. 4.15 The Council has updated the Council’s consultation hub to confirm the outcome of this process. Cavendish Avenue/Gray Street 4.16 A community drop-in session was held on 23 March 2023 at the Dewars Centre, Perth. A letter was issued to the local elected members, and to 50 addresses in the Cavendish Avenue/Gray Street area. The session was also advertised on the Council’s social media. 11 people attended the drop-in, including 2 local elected members. 4.17 The drop-in session included a series of display boards setting out the work carried out and included flood risk maps and plans of the considered options. Representatives from Perth & Kinross Council’s flooding team, Scottish Water and the Scottish Flood Forum were present to answer questions and provide further information. Those attending were given an opportunity to record their views and questions on comment forms. 4.18 The information from the event was also made available online on the Council’s consultation hub at https://consult.pkc.gov.uk/communities/cavendish-avenue-gray-street- flooding/. This was available to view between 21 March and 13 April 2023 and allowed those unable to attend to view the display materials and comment.
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4.19 In total, only three comment forms were received and the response at the drop-in session was limited. The comments received focussed on the maintenance of drains and a separate investigation being carried out by Scottish Water to consider minor temporary improvements. Scottish Water have committed to updating residents on the next steps at the earliest opportunity. One comment was received noting that the display was well presented and that the project team explained things clearly. 4.20 The Council has updated the Council’s consultation hub to confirm the outcome of this process. 5. Communication 5.1 The communication arrangements to date were as noted in Section 4 above. 5.2 The Council will continue to communicate with the local community, statutory consultees, local landowners and other stakeholders as the scheme proposals are developed. 2. BACKGROUND PAPERS 2.1 The following background papers, as defined by Section 50D of the Local Government (Scotland) Act 1973 (and not containing confidential or exempt information) were relied on to a material extent in the preparation of the above report; • PKC – Environment Committee – 9 September 2015, The Flood Risk Management (Scotland) Act 2008, Selected Actions and Prioritisation (Report No 15/359) • PKC – Environment Committee – 1 June 2016, The Flood Risk Management (Scotland) Act 2008, Publication of Local Flood Risk Management Plans (Report No 16/241) • PKC - Environment and Infrastructure Committee – 23 January 2019, The Flood Risk Management (Scotland) Act 2009, Publication of Interim Report (Report No 19/16) • PKC - Environment and Infrastructure Committee – 19 May 2021, The Flood Risk Management (Scotland) Act 2009, Second Cycle of Flood Risk Management Plans (Report No 21/60) • PKC - Climate Change & Sustainability Committee – 19 December 2022, The Flood Risk Management (Scotland) Act 2009, Publication of Final Reports (Cycle 1) & Local Flood Risk Management Plans (Cycle 2) (Report No 22/307)