Official Report 881KB pdf
The next item of business is a statement by Gillian Martin on the proposed Grangemouth flood protection scheme. The cabinet secretary will take questions at the end of her statement, so there should be no interventions or interruptions.
14:47
Thank you, Presiding Officer, for the opportunity to update the Parliament on Falkirk Council’s Grangemouth flood protection scheme proposals.
Last month, the Scottish Government informed Falkirk Council that ministers have decided that the next steps in the consent process for the Grangemouth flood protection scheme should be undertaken locally rather than nationally. That was based on consideration of the proposals put forward by Falkirk Council and of the objections. Ministers deemed that it did not merit being called in to a public local inquiry.
I believe that it would be helpful as part of this update to provide some background on that decision and on where the next steps in the process for confirming flood protection schemes take place.
Last year, Falkirk Council gave public notice of the Grangemouth flood protection scheme. That started a statutory approval process under the Flood Risk Management (Scotland) Act 2009, and was followed by a period of 28 days, during which interested parties could lodge objections to the scheme. During that period, Falkirk Council provided information to households and engaged with the local community through newsletters, social media, a website and in-person events. The deadline for objections closed on 16 June 2024, and Falkirk Council duly considered the objections that were received.
Following that consideration, Falkirk Council made a formal decision to confirm the proposed Grangemouth flood protection scheme on a preliminary basis. Under the 2009 act, when a local authority receives objections to a proposed flood protection scheme from certain persons, it must refer the scheme to Scottish ministers to decide whether it should be called in for a public local inquiry or whether it can continue to be considered by the local authority through a local hearing.
Of the 22 valid objections that were received by Falkirk Council, 15 fell under a category that required the council to notify ministers of the scheme. For instance, the objectors had an interest in the land where operations would be carried out, in land that would be affected by the operations or by any alteration to the flow of water caused by any of the operations.
When ministers are notified of a flood protection scheme, the key consideration is whether the decision to confirm the scheme should be taken locally or nationally, with a decision that is taken nationally sometimes described as being “called in”. In practice, that means that ministers must consider whether the individual or collective issues that are raised in any objections are so significant that they should be considered nationally. That would be done through a public local inquiry rather than through a local hearing held by the local authority.
Ministers notified Falkirk Council on 27 March 2025 of their decision not to call in the Grangemouth flood protection scheme, based on an assessment of the information that was provided by Falkirk Council, having had regard to matters that are set out in the Flood Risk Management (Scotland) Act 2009, such as the likely reduction in flood risk, the nature of objections and the likely effect on objectors.
Falkirk Council will now progress with a local hearing, and that process usually takes around 12 to 18 months. In accordance with procedures that are set out in the 2009 act, Falkirk Council has approached the planning and environmental appeals division to provide a reporter to lead the process. Once the reporter has held the hearing and provided their report, Falkirk Council can decide whether to confirm the scheme with modifications, to confirm the scheme with no modifications or to reject the scheme. If the scheme is confirmed by Falkirk Council at that point, any person who is affected by the scheme can still appeal to the sheriff court.
If the scheme is ultimately confirmed, Scottish ministers must, under planning legislation, direct that planning permission is deemed to be granted, subject to conditions including the duration of the validity of the planning permission.
As proposed in the notice sent by Falkirk Council to Scottish ministers, the proposed Grangemouth flood protection scheme would be the largest flood defence project in Scotland and one of the biggest in the United Kingdom. It is exceptional in terms of scale and financial cost and requires careful consideration to ensure that it delivers for the local community.
The initial cost for the scheme was £108 million in 2015. However, that has now risen to between £450 million and £672 million. That is why, in 2023, ministers and Falkirk Council agreed that the Grangemouth flood protection scheme would be removed from consideration as part of the existing national funding programme. Up until that point, Falkirk Council had received £23 million for the development of the scheme.
Following its local hearing, should Falkirk Council confirm the scheme in its current form and wish to access further Scottish Government funding, it will be necessary to demonstrate that the scheme, in whole or in phased elements, is value for money assessed against other flood protection schemes across Scotland.
The Scottish Government will now consider how and when the scheme is brought back into the standard processes for flood protection governance and funding. In doing so, we must weigh up any investment decision in terms of the impact on the individual project and also the impact that any individual project has on its ability to invest in other areas.
Separately from the process in relation to the proposed scheme, the Scottish Government has worked with Falkirk Council through a task force approach to examine options for improved and affordable flood resilience for residents and local communities in Falkirk and Grangemouth. Tomorrow, I will meet with the leader of Falkirk Council, Councillor Meiklejohn, to discuss those issues.
More broadly, managing our exposure to floods and their impacts is a significant and growing challenge as climate change brings more severe and frequent flood events. Improving resilience to flooding is a priority for the Scottish Government, evidenced by the publication of the first national flood resilience strategy last December.
Since 2016, the Scottish Government has allocated £570 million to local authorities for flood protection schemes and flood resilience, which has delivered improved flood resilience to more than 6,000 properties across Scotland so far.
The Scottish Government is working with the Convention of Scottish Local Authorities and local authorities to reform the funding and governance for flood resilience, learning the lessons from delivering the first programme of schemes and ensuring that future programmes provide maximum benefit for local communities in the most efficient way.
I am committed to improving Scotland’s resilience to flooding and that includes working with Falkirk Council on how we can improve flood resilience in the Grangemouth area. Since 2016-2017, the Scottish Government has provided almost £23 million to support development work on flood defences in Grangemouth and we will continue to work closely with the council to improve flood protection for communities in the area. I look forward to my discussion with the leader of Falkirk Council tomorrow on the matter.
I am happy to answer questions on my statement.
The cabinet secretary will now take questions on the issues that were raised in her statement. I intend to allow around 20 minutes for questions, after which we will move on to the next item of business. Members wishing to ask a question should press their request-to-speak button.
I welcome the ministerial statement and thank the cabinet secretary for an advance copy of it.
Grangemouth’s future depends on urgent infrastructure investment to support regeneration and to protect one of Scotland’s most strategically important areas. The Grangemouth flood protection scheme is critical because it will safeguard 6,000 residents, 2,760 homes, 1,200 businesses and nationally vital infrastructure. As the cabinet secretary mentioned, under the Flood Risk Management (Scotland) Act 2009, the Scottish Government typically funds 80 per cent of such schemes, leaving the local authority to fund 20 per cent. However, that model will not work in this instance, because, as the cabinet secretary pointed out in her statement, current estimates are that the total cost of the scheme will be between £450 million and £672 million. Falkirk Council cannot possibly be expected to contribute what is likely to be at least £100 million.
The cabinet secretary also mentioned the joint task force that was formed in 2024 to explore funding options, among other things, but ministers have yet to confirm the Government’s contribution or the timeline.
Time is of the essence. It is 10 years since we started down this road and 10 years since the scheme was first identified as the number 1 priority due to the high level of risk and the high cost benefits. What safeguards are in place to prevent delays in the local hearing process? After that process is concluded, what is to prevent Scottish ministers from kicking the can further down the road and not making a timely decision?
Given the—
Mr Kerr, I must ask you to conclude.
Given the exceptional scale, cost and national importance of the Grangemouth flood protection scheme, will the cabinet secretary confirm that we need a bespoke funding model for it?
It is important to reiterate that the next steps in the process for the Grangemouth flood protection scheme are to be undertaken by the local authority. Should Falkirk Council confirm the scheme in its current form and wish to access further funding from the Scottish Government, it will be necessary to demonstrate that the scheme, in whole or in phased elements, is value for money and to assess it against other flood protection schemes across Scotland.
We already know that the proposal, should we receive it from the council, will be exceptional in scale and financial cost. Therefore, it will require careful consideration to ensure that it is deliverable and that it delivers for the local community.
The Scottish Government must weigh up any investment decision both in terms of the impact on the individual project and its ability to invest in other areas. Ultimately, the decision whether to proceed lies with the council. As I mentioned, I am meeting Councillor Meiklejohn to discuss some of those issues tomorrow morning.
I thank the cabinet secretary for advance notice of her statement.
Given the concerns about the need to address the climate and nature crisis, will she commit to discussing with Falkirk Council solutions to deliver effective environmental mitigation and compensatory measures to address the potential impact of the current design, which objectors have raised concerns about?
Will the cabinet secretary clarify whether the objections that Forth Ports submitted have now been addressed, given the importance to Scotland’s economy of access issues and the development of Grangemouth? What additional communications will take place to address residents’ concerns?
Will the cabinet secretary clarify why the council will have to justify flood management measures, when we know that rising sea levels and extreme weather events will increase the need for effective flood management, and that five flood warnings have already been issued in recent years in the area? Can she put on the record how many homes and businesses would be put at risk if costs and delays continue to spiral out of control?
As Ms Boyack knows, a flood resilience strategy was published in December with a lot of detail on those matters, including, in particular, the risk to Scottish communities if we do nothing. The Scottish Government has made funding available over many years—indeed, decades—for flood risk management actions. At the start of this parliamentary session, in the 2020 programme for government, we committed an additional £150 million so that those actions could take place over the session.
It is not for Scottish ministers to consider the particular objections in this case—indeed, we have decided that it is important to hand back consideration to the council. However, I will discuss with Councillor Meiklejohn tomorrow some of the issues around funding and the further assistance that we might be able to give the council, depending on the decisions that it makes.
The task force is absolutely critical in that work. It has not dissolved in any way—it will take forward a lot of the discussions around the complexities and the nature of some of the objections, and it will have to consider how it might be able to resolve them.
Fundamentally, the fact that there is no clear line of sight for funding is still a huge issue. Having no guarantee that the scheme can be funded in whole or in part seriously calls into question the tens of millions of pounds that have already been spent or that there are plans to spend. When will the aforementioned assessment criteria be set out for that scheme and others? What further opportunities for widening the funding burden have been identified through discussions with the UK Government and industry?
As I said in my statement, it is for the local authority to decide whether to take the scheme forward in part, in a phased approach or as a whole. That will determine how it approaches the funding issue. A lot of the discussions on that will have to happen with the local authority. As a locally elected member, Michelle Thomson has regular dialogue with it as well.
The task force approach has been used to examine how to take forward improved and affordable flood resilience for Falkirk and Grangemouth residents and local communities. It is important that it is given the space and support to do that.
Michelle Thomson mentioned other funding opportunities. We need to see the plans that come back from Falkirk Council on the issue before we can answer any of those questions. As I said in my earlier answers, I will discuss all those elements with Councillor Meiklejohn, who will lead the deliberations.
Given that this would be the largest flood protection scheme in Scotland and one of the biggest in the UK, irrespective of what the cabinet secretary has already said, does she not accept that, should Falkirk Council want the scheme to go ahead, it cannot go ahead without Government help—either from the Scottish Government or the UK Government, or from both?
It is important to mention that there are two Governments here, which is critical to the Grangemouth community. The council and the wider community take the criticality of the flood protection scheme very seriously.
The multidimensional nature of the Grangemouth flood protection scheme project means that many groups and stakeholders are involved at the civic and industrial levels, and the scale of the costs led to the decision to undertake a task force approach.
As Mr Simpson mentioned, this is not just about the Scottish Government; the UK Government has an important role to play in all aspects of Grangemouth’s future. He will have seen the work that I have done with Ed Miliband and Michael Shanks at the UK Government level, particularly on project willow. We will have to take the industrial cluster’s future into consideration. The Scottish Government will engage with the UK Government, but we will do so at the point at which the council comes back with its plans and sets out how it wishes to proceed.
As Graham Simpson said, the proposed Grangemouth flood protection scheme is set to be the largest of its kind in Scotland to date. Can the cabinet secretary outline what steps have been taken to engage with the communities that are affected by the project?
Falkirk Council has regularly engaged with local communities throughout the years of the scheme’s development. The first consultation exhibition, held in 2018, was followed by multiple online and face-to-face events. Public engagement events were held in February and March 2024, before the scheme’s notification in May 2024. Throughout the project, the council has regularly engaged with local communities, which has included dedicating social media to the project and printing newsletters that have been distributed to residential and commercial properties.
Now that we have handed back the scheme—we have not called it in—I am interested to speak to Councillor Meiklejohn and others in the area about how they might continue their public engagement and enhance it ahead of making a decision.
Climate change is not abstract or theoretical for the people and workers of Grangemouth; it is very real and its challenges are very practical. What we have heard this afternoon is that the Grangemouth scheme still has no confirmed Scottish Government funding and still has no access to the usual flood risk management funding mechanism.
When can the Government give a cast-iron assurance that there will be sustainable funding for the scheme and an approach that sustains both the Firth of Forth special protection area, the Ramsar site and the site of special scientific interest, and the people who are living in the affected communities?
I understand that members of the Scottish Parliament want cast-iron guarantees on an awful lot of things. Mr Leonard has to appreciate that we need the decisions on how, when and in what manner the scheme is progressed to be taken ahead of any funding discussions.
Fortunately, Grangemouth has been spared some of the severe flooding conditions that we have witnessed in other parts of Scotland in recent years. However, can the cabinet secretary speak on the importance of proactive measures that are being taken by the Scottish Government to tackle the threats of climate change, in addition to the preventative measures that the minister has set out today?
In my statement, I mentioned a number of strategies, but I perhaps did not mention our response to the climate changes that we are seeing.
Our national adaptation plan, which we often refer to as SNAP3, has more than 200 commitments that cover activity up to 2029. A number of members have mentioned the criticality of flood mitigation and prevention. Climate change is real, and it is having an impact on our communities. A lot of named storms have had an impact on our communities. We need to protect our public services and communities in order to make them more resilient to climate impacts.
We are also introducing nature-based solutions to address local issues, such as local food production and biodiversity, as well as providing flood resilience. We have a range of advice and support in place through our adaptation Scotland contract, which enables individuals and public bodies to adapt to climate change. The Government has committed to funding in the form of year-on-year investment in flood resilience, which is delivered to local authorities.
If the building of the flood protection scheme in its current form is approved, it will take 10 years to deliver the entire project and 12 to 18 months to reach a planning decision. At least £23 million has been spent on it, but no homes are any safer from potential flooding now than they were. What is the Scottish Government doing practically to speak to Grangemouth home owners about how flood prevention is being progressed in the meantime, while they wait for the scheme to conclude?
I thank Gillian Mackay for that question; I recognise her long-standing interest in the scheme that has been proposed by the council. As I have said, the scheme is exceptional in scale.
I mentioned the task force: the task force has not been sitting back and waiting for a decision from the Scottish Government. It has been actively putting together a report, which will look at how the project can deliver improved and affordable flood resilience for Falkirk and Grangemouth residents and local communities. The task force will submit that report to ministers and to Falkirk Council leaders shortly, and I look forward to engaging with it on some of the solutions that it has found.
The cabinet secretary talks about nature-based schemes but as far as I can see, despite all her strategies and plans, nothing is happening on the ground. There is no engagement with landowners and farmers on an on-the-ground basis to make practical differences. There is an absence of knowledge and shared understanding about how to tackle the problems. When on earth will the plans actually make a difference?
With the greatest respect, I push back against some of the assertions that Willie Rennie makes. Nineteen of the cycle 1 flood protection schemes have now been completed. Local authorities have had eight years to make progress since our commitment to fund their schemes. Funding has been given to local authorities, and I have a regular catch-up on the progress that they are making.
I say to members that, if they do not think that progress has been made by local authorities that have been given the funding to complete flood resilience programmes, it is incumbent on us all to scrutinise those local authorities. I am happy to engage with any local authority that members think has not been stepping up to the plate in that regard.
As today’s statement laid out, it is vital to engage with those affected by a project of this scale throughout its development and delivery. Can the cabinet secretary provide an update on the consultation of stakeholders relevant to the scheme?
Yes—Falkirk Council has done the engagement with a wide range of stakeholders, including residents, businesses, utility providers and other consultative bodies and interest groups, throughout the scheme’s development. The publication of 10,000 statutory notices to affected parties commenced on 9 May 2024 with a notice that was published in the Falkirk Herald. A copy of the notice was published in the Edinburgh Gazette on 10 May.
Dialogue remains open with all the remaining objectors. I am confident in that dialogue, and it is one of the issues that I will be talking to Councillor Meiklejohn about at our meeting tomorrow.
Falkirk Council cannot afford 20 per cent of the funding. The Grangemouth flood protection scheme cannot come to fruition. Falkirk Council cannot contribute more than £100 million: like many councils, it does not have sufficient funds to commit to such a scheme. What options are available? Is the cabinet secretary suggesting that, if councils cannot meet the 20 per cent requirement, no protection can be put in place? If that is what the Government is saying, communities will suffer as a result.
On the back of my colleague Stephen Kerr’s question, will the cabinet secretary commit to considering a bespoke plan for Grangemouth to safeguard those communities?
In my meeting tomorrow with Councillor Meiklejohn, we will go through a lot of those issues. Right now, the important thing to move the scheme forward is for the council to make a decision on how it wants to take it forward.
I understand that MSPs want cast-iron guarantees and commitments. It is for the council to decide how and when it takes forward the scheme. Of course the Scottish Government will engage with it on any funding requirements that it has—at the point at which it has made that decision.
It is vital to consider the numerous factors at play when implementing a flood protection scheme, not only for the local community’s well-being but for the environment, too. Can the cabinet secretary set out what assessment has been undertaken to ensure that the scheme does not have an adverse impact on the environment?
There are many legislative protections in this situation. Under the Flood Risk Management (Scotland) Act 2009, local authorities are required to consider the environmental impact of flood protection schemes. Falkirk Council carried out an environmental impact assessment, which can be seen on the Grangemouth flood protection scheme website. A habitats regulation appraisal was also prepared by Falkirk Council.
That concludes this item of business. There will be a brief pause before we move to the next item to allow speakers on the front benches to change over.
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