A public local inquiry (PLI) will be held into a scheme to reduce flood risk in Musselburgh after Scottish Ministers wrote to East Lothian Council to confirm they would ‘call in' the proposals.
A preliminary decision was made to confirm the proposed Musselburgh Flood Protection Scheme without modifications during a special meeting of Council on 30 September.
During that meeting, councillors also approved a separate and distinct amendment asking Scottish Ministers to consider the proposals and establish a PLI. The final decision on the scheme progressing would then be made by Ministers independently of the council.
In accordance with the applicable legislation, the council made the referral to Ministers and, having considered all the documentation provided, Ministers decided to call in the scheme for a PLI. In their letter to the council on Thursday, 18 December confirming the decision, Ministers stated a public local inquiry would “provide an opportunity for fresh consideration of the proposed scheme through an external, independent process”.
East Lothian Council leader Norman Hampshire said: “We are pleased that Scottish Ministers have agreed to the council’s request for a public local hearing to take place. A PLI will give anyone with an objection to the current proposals the opportunity to express their concerns before Ministers make their decision. The council looks forward to working with Ministers and participating in this process.”
The scheme will now be referred to the Planning and Environmental Appeals Division in the Scottish Government who will appoint a Reporter to hold the inquiry. Once a Reporter is appointed, it is understood an update on the process will be possible and that they will contact all relevant objectors.
Increasing threat
The proposed scheme, which aims to reduce flood risk for up to 3,200 properties in the Musselburgh area, moved to the next stage of development following September’s meeting in accordance with the Flood Risk Management (Scotland) Act 2009.
The preliminary decision was taken after council officers presented a report setting out the history of flooding in Musselburgh and the increasing threat it poses from the river, the coast, and the impacts of climate change. In addition, the report detailed the engagement carried out with the local community to help develop the proposals.
Councillors further agreed that the project team, working in consultation with the planning authority, should seek to deliver 54 changes to the proposed scheme.
The proposed scheme’s design, which was developed between 2020 and 2024 and involved a significant public consultation process, received in the order of 500 objections. In response the council wrote to every objector to offer a meeting to discuss their concerns and to identify whether modifications could be made and their objection withdrawn.
Meetings also took place with various organisations working in partnership with the council to advance the scheme, including Historic Environment Scotland, NatureScot, SEPA, and the RSPB. In advance of the preliminary decision being taken, Historic Environment Scotland withdrew their objection. The council continues to work with NatureScot and the RSPB to resolve their objections.
Coastal defences
The proposed scheme has been developed to bring about a major reduction to the flood risk to Musselburgh, preventing flood water spilling onto the natural flood plains on which the town was built over the centuries. This includes the modification of two reservoirs in the South Esk catchment, the replacement of four existing bridges with new structures that won’t impede the onward flow of water and flood debris, the provision of a large debris catcher located upstream of the town, river restoration works along the Esk corridor, and new physical defences along the River Esk Corridor and Coastal Foreshore. It will also include a major repair to the existing 2.7km long Ash Lagoons Seawall on the eastern foreshore of the town.
The project would involve the creation of new drainage and pumping stations, engineering works on the Pinkie Burn to manage flood waters on this small burn, modifications to the Musselburgh Mill Lade to achieve flow control, and the modification of Fisherrow Harbour to incorporate it into the coastal defences.