East Lothian Council doesn't own seawalls included in £50m flood prevention scheme

A council’s decision to include a £50m plan to restore sea walls as part of a controversial flood protection scheme is being questioned after it was revealed they do not own the land.

The Musselburgh Flood Protection Scheme (MFPS) is at the centre of a public inquiry by Scottish Ministers after East Lothian Council was unable to resolve nearly 500 outstanding objections to the plans after months of talks with protesters.

The scheme has sparked controversy in the town after costs soared from the original £8.9m in 2016 to a current estimate of £53.9m.

A report to councillors last month revealed that a project to restore the seawalls at Musselburgh which had previously been separated from the MFPS costs has now been added back in taking the notified cost to more than £100m.

Now the Reporter has asked the council to respond to questions about how they intend to move forward with the work given the seawalls, which were linked to the former Cockenzie Power Station, are still owned by ScottishPower.

The council bought the power station site for an undisclosed price over eight years ago however the seawalls at ash lagoons which serviced the power station were not part of the deal.

A spokesperson for East Lothian Council confirmed they remain in ScottishPower’s ownership.

In a procedure notice issued by the Scottish Government Reporter ahead of the inquiry, he asks the council to provide documents and additional information over the seawalls part of the MFPS.

He says: “The Reporter notes that the council proposals include matters relating to an ash lagoon seawall at or near the former Cockenzie Power Station, as appear not to be directly arising from the flood protection scheme.”

He wishes confirmation from the council – that ScottishPower have been notified of the inclusion of these proposals in the FPS; what their position or response to this proposal is, including whether they wish to participate in the FPS examination; who any other persons with an interest in that land may be; what the position or response of such other person(s) is to this proposal is.

He also asks what powers the council plans to use to carry out work as part of the scheme including whether they intend to use land acquisition powers and whether that should be looked at as part of the public inquiry.

Opponents of the proposals, which includes the introduction of high walls through the town centre, want it paused claiming not enough work has been carried out to find ‘natural solutions’ instead of walls.

Dozens of objectors have registered to take part in the public inquiry when it takes place later this year.

Despite the outcome of the inquiry being unknown East Lothian councillors last month approved plans to spend a further £6m on the next stage of the scheme which involves drawing up detailed plans, including the seawalls.

The Scottish Government funds 80% of the scheme costs with the council providing the additional 20% however earlier this year the government capped the total cost of the scheme at £35m – far below the estimated amount needed.