ARGYLL AND BUTE COUNCIL OPERATIONAL SERVICES EXECUTIVE 17 DECEMBER 2009 FLOOD PREVENTION AND LAND DRAINAGE (SCOTLAND) ACT 1997 BIENNIAL REPORT – NOVEMBER 2007 TO NOVEMBER 2009 1. SUMMARY The purpose of this report is to update the Executive on the current measures which have been identified and are being undertaken to mitigate the effects of flooding within the Council’s area. 2. RECOMMENDATION The Executive is asked to note the progress to date and to approve the current proposals to deal with the problems identified, within the powers of the Council. 3. BACKGROUND 3.1 Funding has been allocated for flood prevention works from the Miscellaneous Section of the Capital Budget since 1999/2000. Over the financial years covered by this report, the funding will be £200,000 for 2009/10, £200,000 for 2010/11 and £200,000 for 2011/12 reflecting the Council’s historic commitment to mitigate flooding incidents. 3.2 There is also an allocation of £50,000 each year from the Revenue Budget for maintenance works carried out in each of the two Council Operational areas. 3.3 The Network and Environment Unit is in the process of appointing a Consultant to prepare minor flood protection schemes listed in the Flood Management Programme 2009/12. 3.4 Table 1, enclosed with this report, details the schemes in the 2009/2012 Flood Management Programme approved by the Executive in December 2008. 3.5 Table 2 details flooding incidents which have been reported since November 2007. Since 1999, the Council has invested nearly £3.6m for the construction of drainage improvement schemes at locations throughout the Council area and this has helped to reduce the number of regular flooding incidents reported. 3.6 The major scheme at Kilbride Road, Dunoon which was partly funded by the Scottish Government is now complete at a cost of approximately £1.10 million. 3.7 The Milton Burn, Dunoon Flood Prevention scheme design work is now being progressed ready for a submission to the Scottish Government in early 2010. A 1400mm pipe has already been laid in the Morrisons Supermarket car park which will form part of this scheme. 3.8 An Engineering and Benefit Cost Report for the Campbeltown Flood Prevention Scheme has been submitted by the Halcrow Group Ltd and now requires agreement on the solutions required to solve the flooding problems and consideration for inclusion the Capital Programme as a future scheme. There will be further liaison with Scottish Water and SEPA on this matter. 3.9 As reported to the Strategic Management Team, the Flood Risk Management (Scotland) Bill received Royal Assent in June 2009 and this will be phased in a follows. Sections 3 to 6, 55, 71, 94, 95 and 97 which are mainly interpretive provisions were commenced upon the Act receiving Royal Assent. Parts 1-3, 5, 8 and some of Part 6 commenced on 26 November 2009 and this will permit the EC Floods Directive to be implemented. The Second Commencement Order will likely come into force in the second half of 2010 and deal with Part 4 and outstanding LA functions in Part 6. Part 7- the transfer of the responsibility for reservoirs to SEPA will be at a later date (2011). Until the second commencement order is in place then the existing 1961 Act must continue to be used for powers needed to carry out flood protection work. Therefore schemes advertised before commencement order date will continue on the old regime and any started after the date will follow the new regime. Table 2 lists the recorded flooding incidents for the final biennial report which is now to be replaced by local flood risk management plans and interim reports on these plans. 4. IMPLICATIONS 4.1 Policy – None 4.2 Financial – Previously grant was available for suitable large scale flood prevention schemes from the Scottish Government. However, this has now been included in the Council’s three year settlements, under the Concordat agreement. 4.3 Personnel – There will be staffing implications in relation to the new Flood Risk Management (Scotland) Act. 4.4 Equalities Impact Assessment – None 4.5 Legal - At present, the Council has discretionary powers under the Flood Prevention (Scotland) Act 1961, to undertake capital works necessary to mitigate the effect of flooding on non-agricultural land. These duties will change under the Flood Risk Management (Scotland) Act. The Council has a duty to maintain and assess watercourses under the Flood Prevention and Land Drainage (Scotland) Act 1997 and to report its findings. For further information, please contact Alan Kerr, Helensburgh (01436 658865). Stewart Turner Head of Roads & Amenity Services 30 November 2009 Table 1 Flood Management Programme 2009/2012 Scheme Summary Scheme Name Bute & Cowal Bute Bus Garage/Beach Road, Bute Annex Road off High Street, Bute Gortans Road Ardbeg, Bute Cowal Ardenslate Road, Marine Parade, Dunoon Whynot Pub, Sandbank Upper Cromlech Road, Sandbank Sandhaven, Sandbank Wyndham Road, Shore Road, Inellan Somerville Place Dunoon South Campbell Road, Innellan Glenacre, Innellan Helensburgh/Lomond Churchill Square, Helensburgh Value Description Priority Year £15,000 Culverts overtopping 3 11/12 £20,000 Overland flow flooding road 3 11/12 £15,000 Undersized culvert easily blocked 3 11/12 £35,000 Overtopping of watercourse and piped system Overtopping at intake Overtopping at intake 1 09/10 3 3 11/12 11/12 Flooding from field enters properties Undersize culverts overtopping in private properties New Intake Required Blocked watercourse to be upgraded Overtopping culvert to inadequate drainage system 1 09/10 2 10/11 2 2 10/11 10/11 1 10/11 Upgrade S.W manhole to alleviate flooding Repair stone cundie and install new intake Flooding of properties from existing systems Flooding of properties from overtopping of existing drainage systems Flooding of properties from overtopping of watercourse Flooding of properties from overtopping piped watercourse Groundwater rising at cemetery boundary Flooding of road due to inadequate culvert intakes 1 10/11 2 10/11 2 10/11 1 09/10 1 10/11 2 10/11 2 10/11 1 10/11 Flooding of road and properties from culvert to undersized pipeline Flooding of property from overtopping watercourse 1 10/11 2 10/11 £8,000 £10,000 £12,000 £35,000 £15,000 £5,000 £10,000 £10,000 23A Henry Bell Street, Helensburgh 2 Queen Street, Helensburgh £10,000 Tigh Dearg Road, Kilcreggan £80,000 A814 Westburn Cottage/Shira Lodge, Cardross Arden Hill, Rhu £25,000 111 East King St, Helensburgh A814 Faslane Helensburgh(incl.Woodlea) Mid Argyll, Kintyre and Islay Sheanakill, Clachan, Kintyre £10,000 Machribeg Farm, Southend £10,000 £15,000 £5,000 £20,000 £15,000 Table 1 (Cont) Scheme Name Value Description Priority Year Tangy Place, Campbeltown £10,000 Substandard culvert intake causing flooding of Property 2 10/11 Oban, Lorn and the Isles Camus Road, Dunbeg, Oban £30,000 Hillside run off causing overtopping in drainage systems Tidal flooding of road 3 11/12 1 10/11 Flooding of road due to outfall pipe to Black Lynn being inadequate Culverts unable to cope, properties flooded Selected works in accordance with report Flooding of road due to high tides and heavy rainfall (no props) Flooding of road due to river overtopping (no props) Flooding of road and house from overland flow 3 11/12 2 10/11 3 11/12 2 11/12 2 10/11 2 11/12 A816 at Balinoe/Loch Feochan Hamish Hoeys, Oban £25,000 Weston Road, Tobermory £40,000 Dalintart, Oban £30,000 Dervaig Bridge, Mull £55,000 Glennart Bridge, Mull £10,000 Tiroran, Mull £10,000 £10,000 TOTAL £600,000 Table 1 Continued Schemes requiring Revenue Funding to be developed and substantial capital costs for design and construction. Scheme Name Campbeltown FPS £3,300,000 History of major flooding incidents due to under-capacity of both combined sewers and surface water drains. Proposals involve increasing attenuated water for the Millknowe Burn and divert flow to a new channel for the Ballygreggan Burn. 1 Antrim View, Islay £350,000 Flooding of both commercial and residential property. Proposals involve upgrading culverts and ditches. Problems with acquiring the ground required. 1 Midge Lane, Strone £500,000 Flooding of properties due to undercapacity drainage systems. Engineering and benefit cost Report required. 1 Tarbert, Loch Fyne £500,000 Coastal flooding of road and properties. Engineering and benefit cost report required. 1 Main Street, Tobermory £200,000 Tidal flooding of properties opposite sea wall (500m) Engineering and benefit cost report required. 1 NOTE Priority 1 Priority 2 Priority 3 Value Description Road flooding causing hold ups/diversions/affecting business Two or less properties flooded General flooding, vehicles/pedestrian able to pass with care 30 Schemes in Cat 1-3 9 No Cat 1 13 No Cat 2 8 No Cat 3 Priority Year