Flood Risk Management (Scotland) Act 2009

Preliminary decision following objections

5 (1) Where, in relation to a proposed flood protection scheme, the local authority receives a valid objection, it must make a preliminary decision to—

(a) confirm the proposed scheme without modification,

(b) confirm the proposed scheme with modifications, or

(c) reject the proposed scheme.

(2) Before making the decision under sub-paragraph (1), the local authority—

(a) must consider—

(i) any valid objections (unless withdrawn), and

(ii) any late objection if the authority is satisfied that it was reasonable for the objector to make the objection after the deadline for doing so, and

(b) may also consider any other matters it considers appropriate.

(3) The local authority must give notice of its decision under sub-paragraph (1) to every person who made an objection which it considered.

(4) A person who made such an objection is referred to in this schedule as a “relevant objector”.

(5) Where any relevant objector is a person to whom sub-paragraph (6) applies, the local authority must also give to the Scottish Ministers notice of its decision together with—

(a) the scheme documents,

(b) a summary of the objections received by the local authority,

(c) copies of those objections, and

(d) copies of any other material considered by the local authority.

(6) This sub-paragraph applies to any person—

(a) having any interest in any land on which the proposed operations are to be carried out,

(b) whose interest in any other land may be affected by any of the operations or by any alteration in the flow of water caused by any of the operations, or

(c) referred to in paragraph 1(1)(e) or (f).