16 Church Street - Flood Risk Management (Scotland) Act 2009 And The Flood Risk Management

WEST DUNBARTONSHIRE COUNCIL
FLOOD RISK MANAGEMENT (SCOTLAND) ACT 2009 AND THE FLOOD RISK MANAGEMENT (FLOOD PROTECTION SCHEMES, POTENTIALLY VULNERABLE AREAS AND LOCAL PLAN DISTRICTS) (SCOTLAND) REGULATIONS 2010 (AS AMENDED)
 A PROPOSED FLOOD PROTECTION SCHEME REFERRED TO AS THE GRUGGIES BURN FLOOD ALLEVIATION SCHEME

In accordance with Section 60 and Schedule 2 of the above Act and Parts III & IV of the Regulations, the Council proposes the above food protection scheme. This constitutes a notice under Paragraph 1 of Schedule 2 of the Act.
The proposed food protection scheme for the Gruggies Burn Flood Alleviation Scheme (hereby referred to as the “Scheme”) comprises of the construction of food defences comprising a combination of a diversion culvert, an embankment, tidal food walls and a foodgate to reduce the risk of fooding to residential, community and business properties, public roads and car parking in Dumbarton East.

The effects of the proposed operations will be:
•     Construction of a culvert from a point on the Gruggies Burn immediately north of the A82 Stirling Road via Greenhead Road, National Cycle Route 7, Oaktree Gardens and Dogs Loan to the River Clyde downstream of the railway bridge near the existing Hunters Burn culvert outlet to divert peak fows and thereby reduce the risk of fooding from fuvial sources within Dumbarton.
•     Construction of new or replacement walls to the Gruggies Burn between Glasgow Road and a point above the River Clyde shoreline normal tide levels to reduce the risk of fooding from extreme tidal food events within Dumbarton.
•     Construction of an embankment from the east side of the Gruggies Burn above the River Clyde shoreline normal tides levels eastward towards the Hunters Burn outfall to reduce the risk of extreme tidal food events within Dumbarton and specifcally properties on the south side of the rail line.
•     Construction of a removable or swing tidal gate on Castle Road immediately to the south of Castlegate Avenue and the entrance to Dumbarton Football Stadium to reduce the risk of extreme tidal food events resulting in water passing northward towards Dumbarton.
•     Following construction, the inspection and ongoing maintenance of the above elements.

Summary of the benefts which the Council considers are likely to be delivered from carrying out the Scheme:
•     The Scheme will reduce the risk of fooding to 530 residential and 110 non-residential properties, plus 8.7km of road across Dumbarton East in extreme food events on the above noted bodies of water.

Availability of Scheme Documents
The Scheme Documents can be inspected or viewed without payment of a fee at:
•     West Dunbartonshire Council, 16 Church Street, Dumbarton G82 1QL during the hours of 10am to 4pm Monday to Friday inclusive (excluding Public Holidays) during the period from 26th March 2024, being the publication date of this notice, until a fnal decision is made to confrm or reject the Scheme as the case may be
•     Online at the webpage: https://www.west-dunbarton.gov.uk/gruggiesburnfoodalleviationscheme
Objections to the Scheme
Any person may object to the Scheme. The Act and Regulations provide that an objection must:
a) be made in writing,
b) set out the name and address of the objector; and
c) be accompanied by a statement of reasons for the objection
Where an objector under Paragraph 3 of Schedule 2 to the Act has an interest in any land on which the proposed Scheme operations are to be carried out or which may be affected by any of the proposed Scheme operations, or by any alteration in the fow of water caused by any of the proposed Scheme operations, that person’s objection must include:
a) details of the land in which the objector has an interest;
b) disclosure of the nature of the objector’s interest in the land; and
c) details of which aspects of the proposed operations affect the objector.
Objections to the Scheme should be made In writing to the Council to Gruggies Burn Flood Alleviation Scheme, West Dunbartonshire Council, 16 Church Street, Dumbarton G82 1QL or via email at GruggiesBurnFPS@west-dunbarton.gov.uk during the period from 26th March 2024 to 22nd April 2024 inclusive

Process and Possible Decisions
The Council are responsible for taking any decision to confrm the Scheme in accordance with Paragraphs 4(1) or 9(1) of Schedule 2 of the Act, whereas the Scottish Ministers are responsible for taking any decision to confrm the Scheme in accordance with Paragraph 7(4) of that Schedule.
If no valid objections are made to the Scheme, then the Council must make the fnal decision to confrm or reject the proposed Scheme.
Where valid objections are made to the Scheme, the Council will consider the objections and make a preliminary decision to either:
a) confrm the proposed Scheme without modifcation; or
b) confrm the proposed Scheme with modifcations; or
c) reject the proposed Scheme.
Where an objection is received from a relevant objector, who is a person to whom Paragraph 5(6) of Schedule 2 of the Act applies, the Council must notify the Scottish Ministers of the preliminary decision. 
The Scottish Ministers must then decide whether to consider the Scheme or not. If the Scottish Ministers decide to consider the Scheme and valid objections remain, then the Scottish Ministers must cause a Public Local Inquiry to be held.
After considering the outcome of the Public Local Inquiry, the Scottish Ministers must make the fnal decision to:
a) confrm the proposed Scheme without modifcation; or
b) confrm the proposed Scheme with modifcation; or
c) reject the proposed Scheme.
Where the Scottish Ministers decide not to consider the Scheme; the Council must hold a hearing to consider the proposed Scheme. Following the outcome of the hearing, the Council must make the fnal decision to:
a) confrm the proposed Scheme without modifcation; or
b) confrm the proposed Scheme with modifcations; or
c) reject the proposed Scheme.
Notifcation of the fnal decision, whether made by the Council or the Scottish Ministers will be given to every person given notice.

Michael McDougall Manager of Legal Services West Dunbartonshire Council 16 Church Street Dumbarton G82 1QL
26th March 2024