Gruggies Burn Flood Alleviation Scheme Notice

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 flood protection scheme. This constitutes a notice under Paragraph 1 of Schedule 2 of the Act.

The proposed flood protection scheme for the Gruggies Burn Flood Alleviation Scheme (hereby referred to as the “Scheme”) comprises of the construction of flood defences comprising a combination of a diversion culvert, an embankment, tidal flood walls and a floodgate to reduce the risk of flooding 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 flows and thereby reduce the risk of flooding from fluvial 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 flooding from extreme tidal flood 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 flood events within Dumbarton and specifically 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 flood events resulting in water passing northward towards Dumbarton.
• Following construction, the inspection and ongoing maintenance of the above elements.

Summary of the benefits which the Council considers are likely to be delivered from carrying out the Scheme:

• The Scheme will reduce the risk of flooding to 530 residential and 110 non-residential properties, plus 8.7km of road across Dumbarton East in extreme flood 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 (exclusive of Public Holidays) during the period from 26th March 2024, being the publication date of this notice, until a final decision is made to confirm or reject the Scheme as the case may be.
• On the Gruggies Burn Flood Alleviation Scheme webpage.

Objections to the Scheme

Any person may object to the Scheme. The Act and Regulations provide that an objection must:

1. be made in writing,
2. set out the name and address of the objector, and
3. 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 flow of water caused by any of the proposed Scheme operations, that person's objection must include:

1. details of the land in which the objector has an interest,
2. disclosure of the nature of the objector's interest in the land, and
3. 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 confirm 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 confirm 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 final decision to confirm 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:

1. confirm the proposed Scheme without modification, or
2. confirm the proposed Scheme with modifications, or
3. 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 final decision to:

1. confirm the proposed Scheme without modification, or
2. confirm the proposed Scheme with modification, or
3. 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 final decision to:

1. confirm the proposed Scheme without modification, or
2. confirm the proposed Scheme with modifications, or
3. reject the proposed Scheme.

Notification of the final 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