FOI Request - Flood Risk Management Local Plan

Request 101003577765

Under the Flood Risk Management Scotland Act, 2009, Moray Council has responsibility of identifying PVA’s (Potentially vulnerable areas of flooding) in the Speyside, Nairn and Findhorn Flood Risk Management Local Plan.Within in that plan each PVA area is identified together with a short description of the facts for that area. Under the terms of the Freedom of Information Legislation I would like to ask the following questions in relation to the PVA designated area of Speymouth in Moray.

1. What contact/discussions/consultations has Moray Council and/or partners  had with residents/representatives  of Garmouth and Kingston for the current Flood risk management plans: Findhorn, Nairn and Speyside Local Plan District?

2. When, where and with whom did these discussions take place?

3. The current plan states there are approximately 80 people and 50 homes and businesses currently at risk from flooding in Garmouth.   Can you please identify the properties or areas identified as being at risk and on what grounds was the risk accessed?  

4. How was the figure of “approximately 80 people at risk” calculated?   Was a survey of houses done or this a calculated guess? The current plan states “is estimated to increase to 90 people and 60 homes and businesses by the 2080s due to climate change.” How were these figures calculated and from what data base?

5. Can you please identify the area/properties that Moray Council and/or partners  expect to be under threat by 2080’s due to climate change?   What data was used to predict this figure?

6. Please answer the following extract from the current Local Plan re Kingston as in questions 3, 4, and 5 as above.  “There are approximately 30 people and 20 homes and businesses currently at risk of flooding. Based on a local assessment, this may be overestimated. This is likely to increase to 70 people and 40 homes and businesses by the 2080's due to climate change.”

7. Figures are given within the current Flood Risk local Plan in relation to the annual cost of flooding in Garmouth and Kingston. How does Moray Council and/or partners   calculate these figures? Is it by household surveys or guestimates based on data from other areas?

8. What does Moray Council and/or partners  take into its calculation when deciding on an average cost of flooding? Does actual loses/damage costs taken only or does Moray Council and/or partners consider loss of value to property because of increased flood risk caused by climate change?

9. Does Moray Council and/or partners calculate/consider future costs/losses if flooding continues and no engineering/flood protection measures are put in place?

10. Does Moray Council and/or partners consult with utility companies to ascertain value/costs of any damage/losses to their property and/or any unnecessary costs incurred having to put in place additional flood alleviation works/remedies to protect their assets?

11. When does data collection commence for the next Speyside, Nairn and Findhorn Flood Risk Management Local Plan commence and what steps are being taken/planed for full public engagement/discussions/consultation  are included in the preparation of that document.

12. What section of the Governments Green Book on public procurement covers and guides this type of project.

Response 20-06-2024

Please note, under the Flood Risk Management Act we do not have a responsibility to identify PVA's.

Below is an extract from the act:-

13. SEPA to identify potentially vulnerable areas and local plan districts

(1) SEPA must prepare and submit to the Scottish Ministers a document identifying for each flood risk management district any area in the district for which it considers that significant flood risk—

(a)exists, or
(b)is likely to occur.

1. Details of summary of the Cycle 2 plans consultation and development can be found the following committee reports:-

Findhorn, Nairn and Speyside - Economic Development & Infrastructure Services Committee on 15 November 2022:  https://moray.cmis.uk.com/moray/Document.ashx?czJKcaeAi5tUFL1DTL2UE4zNRBcoShgo=oNorE7CFRm5KEaZLputRnZYAPu42cFjdwEbX2Uiy%2ffq%2fqNOCdSpRwA%3d%3d&rUzwRPf%2bZ3zd4E7Ikn8Lyw%3d%3d=pwRE6AGJFLDNlh225F5QMaQWCtPHwdhUfCZ%2fLUQzgA2uL5jNRG4jdQ%3d%3d&mCTIbCubSFfXsDGW9IXnlg%3d%3d=hFflUdN3100%3d&kCx1AnS9%2fpWZQ40DXFvdEw%3d%3d=hFflUdN3100%3d&uJovDxwdjMPoYv%2bAJvYtyA%3d%3d=ctNJFf55vVA%3d&FgPlIEJYlotS%2bYGoBi5olA%3d%3d=NHdURQburHA%3d&d9Qjj0ag1Pd993jsyOJqFvmyB7X0CSQK=ctNJFf55vVA%3d&WGewmoAfeNR9xqBux0r1Q8Za60lavYmz=ctNJFf55vVA%3d&WGewmoAfeNQ16B2MHuCpMRKZMwaG1PaO=ctNJFf55vVA%3d

North East - Economic Development & Infrastructure Services Committee on 15 November 2022:  https://moray.cmis.uk.com/moray/Document.ashx?czJKcaeAi5tUFL1DTL2UE4zNRBcoShgo=1jq3nt5VnxygT0E9XBrES5vC%2bfjkbaIaSGTVCU5uvIoA5RpGn5%2fBVQ%3d%3d&rUzwRPf%2bZ3zd4E7Ikn8Lyw%3d%3d=pwRE6AGJFLDNlh225F5QMaQWCtPHwdhUfCZ%2fLUQzgA2uL5jNRG4jdQ%3d%3d&mCTIbCubSFfXsDGW9IXnlg%3d%3d=hFflUdN3100%3d&kCx1AnS9%2fpWZQ40DXFvdEw%3d%3d=hFflUdN3100%3d&uJovDxwdjMPoYv%2bAJvYtyA%3d%3d=ctNJFf55vVA%3d&FgPlIEJYlotS%2bYGoBi5olA%3d%3d=NHdURQburHA%3d&d9Qjj0ag1Pd993jsyOJqFvmyB7X0CSQK=ctNJFf55vVA%3d&WGewmoAfeNR9xqBux0r1Q8Za60lavYmz=ctNJFf55vVA%3d&WGewmoAfeNQ16B2MHuCpMRKZMwaG1PaO=ctNJFf55vVA%3d

This information is available on the Moray Council website and therefore exempt under Section 25 of the Freedom of Information (Scotland) Act 2002 - Information Otherwise Accessible.

2. As above

3. -10. This work was undertaken by SEPA; please contact them directly as they hold this information. Information that is not held falls under Section 17 of the Freedom of Information (Scotland) Act 2002 - Information not held.

11. Next plan is 2028. The current engagement/discussions/consultation plans are being developed in consultation with partners. As a minimum they will be in line with the statutory process in the Flood Risk Management Act 2009.

12. Information on the Green Book can be found here: https://www.gov.uk/government/publications/the-green-book-appraisal-and-evaluation-in-central-government/the-green-book-2020

We are unable to fully answer this question as it is unclear what type of project is being suggested.

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