Appendix B - South Kinross Flood Protection Scheme 2024 - Objection Summary
Perth and Kinross Council · 4 December 2024
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Appendix B South Kinross Flood Protection Scheme 2024 Summary of Objections Two valid objections (both from landowners) were received by the Council within the statutory 28-day period. Officers held further discussions with both of the objectors, however they currently wish to uphold their objections. A summary of the two objections and the Council’s response is provided below. Both objectors have noted that they are not supportive of the flood scheme. Objector 1 The objection was in relation to a part of the flood scheme proposed to be constructed on their land. The landowner’s main concern was that access would be denied to heavy good vehicles which require entry into their land, and in more recent discussions a request for an alternative access point was made. They also believe that the Council were flooding their land deliberately by construction of the scheme. The landowner also raised concerns regarding loss of earnings due to the land take and impact of the flood scheme within their site. Perth & Kinross Council’s Response The Council had been in contact with the landowner prior to the public exhibition, but they did not attend. On receipt of the objection, the Council met with the landowner on 23 May 2024 and 19 September 2024 and have corresponded in writing on several other occasions. Assurances and evidence were provided to the landowner during this period that the area in question is part of an existing flood plain. It was explained that the scheme is designed to protect surrounding properties from flooding by constructing flood scheme on their land to intercept an overland flood route. The scheme will not introduce flood risk to their land, but it may temporarily increase flood depths during extreme flood events. However, the landowner is entitled to compensation under the Flood Risk Management (Scotland) Act 2009. The Council instructed their consulting engineers to review the design of the existing access to accommodate the use of heavy goods vehicles, and consider alternative access arrangements. Unfortunately, the alternative access arrangements were found to be more expensive and had the potential to conflict with the proposed flood scheme. Therefore, the landowner was advised an alternative access was not suitable, but the existing access would be upgraded to accommodate heavy goods vehicles. A preliminary compensation figure was presented (via Council’s Estates team) to the objector. This figure was considered a reasonable offer and was based on the overall purchase price of the land as a percentage of the extent required by the flood scheme. Unfortunately, the landowner has advised they do not agree with the initial compensation figure and declined the offer. The Council have offered the landowner the opportunity to provide a figure which they feel better represents the land value, however they have declined to participate in these discussions.
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The Council will continue to liaise with the landowner, but at this time they wish to uphold their objection. Objector 2 The objection was in relation to a part of the flood scheme proposed to be constructed on their land. The landowner’s main issue was that flooding has never occurred across this area of Kinross and that the scheme modelling is incorrect or is focusing on the wrong watercourse within the area (Ury Burn as opposed to the South Queich). The landowner has also questioned the reasoning behind the chosen location for this portion of the scheme and why it couldn’t have been moved out with their land. The landowner is concerned that thousands of tonnes of their valuable topsoil will be used to construct the flood embankment. They also raised concerns regarding loss of earnings during both the construction period and loss of land (where the flood scheme is located) on completion of the scheme. The objection also suggested the costs of the scheme to be a misuse of public money in an area where, in their opinion, flooding is unlikely to ever occur. Perth & Kinross Council’s Response The Council originally made contact with the landowner prior to the consultation and publication phases in an attempt to discuss the scheme proposals and address any concerns or queries. The landowner declined to attend the public exhibition, however a site meeting was held on 12 December 2023. While discussions were somewhat positive, no more direct engagement was possible with the landowner, with a Land Agent and Solicitor being appointed by the landowner to be the main points of contact on their behalf. Several rounds of discussion were undertaken with the land agent, which were also of a positive nature, however this still ultimately led to an objection to the scheme being submitted. The Council have since engaged in several rounds of communication with the landowner’s solicitor in an attempt to satisfy concerns as outlined below: The landowner engaged a consulting engineer to provide specialist advice on flood risk. A copy of the scheme hydraulic modelling report, prepared by the Council’s design consulting engineers, was provided at their request. The Council commissioned report includes background information relating to the development of the hydraulic model and provides further details on the overland flood flow paths and depths through their land from the South Queich. The Council commissioned hydraulic modelling report has been reviewed and accepted by SEPA and also aligns with their indicative river flood maps that shows this area is at risk of flooding. The Ury Burn is not a source of flood risk in Kinross and although not the focus in the development of the flood scheme was represented in the hydraulic model. A number of queries were raised by the landowners consulting engineer after sight of the Council commissioned hydraulic modelling report and detailed responses
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provided. The response included information pertaining to the development of flood defences on their land as it was considered the most economically viable solution to intercept and attenuate an overland flood route predicted by the hydraulic model. To date (October 2024) we have not received any further queries in this regard. The landowner also raised concerns regarding loss of earnings both during and after scheme construction. The Council reiterated that landowners are entitled to compensation under the Flood Risk Management (Scotland) Act 2009 for loss of earnings during construction period and for land take as a result of the Scheme. A preliminary compensation figure was presented (via Council’s Estates team) to the objector. This figure was considered a reasonable offer and was based on the current value of the land as a percentage of the extent required by the flood scheme. We have received no response to this offer to date (October 2024). The Council also clarified concerns that any topsoil, outwith the land on which the flood scheme is proposed, would not be removed from the landowner’s property for use in the construction of the flood scheme. Any materials required to construct the flood scheme will be derived from offsite sources, with only regrading on surrounding land being undertaken to promote flow towards the Ury Burn. The South Kinross Flood Protection Scheme is a key action included within the Forth Estuary Local FRM Plan and is the 28th highest scheme on the national priority list. The flooding observed in South Kinross to date has affected many in the community and Perth & Kinross Council consider the development of the proposed scheme a significant and important step to mitigate flood risk to those affected areas. Unfortunately, the landowner wishes to seek further legal counsel and as such continues to uphold their objection.