Update report on Musselburgh Flood Protection Scheme before Council

Elected members approved starting Stage 6 of the project (detailed design) early due to "continuing uncertainty" caused by a recently imposed funding cap on the national flood protection scheme programme and deadline changes.

In their report to the meeting, council officers recommended advancing to this stage to "help ensure the scheme's delivery" if it receives consent from Scottish Ministers following an upcoming public local inquiry (PLI).

This work on the Musselburgh Flood Protection Scheme (MFPS), which aims to reduce flood risk for up to 3,200 properties in the area, will now begin while the PLI is ongoing.

The report set out the legal requirement to advance the detailed design for the full scheme as approved by Council last September. This will enable East Lothian Council to satisfy the criteria for Scottish Government funding and also meet deadlines imposed by recommendations from COSLA (the Convention of Scottish Local Authorities).

The scheme's funding cap of £35.6 million was announced in February 2026 by the Scottish Government and COSLA after a review of Cycle 1 flood protection projects across the country.

Following the PLI, Scottish Ministers are expected to make their final decision on whether the scheme progresses in late 2026 or early 2027.

Delivery challenges

Tom Reid, the council's Head of Infrastructure, said: "We remain fully committed to delivering the scheme as notified to Council in January 2024 but given recent decisions by the Scottish Government and COSLA, a signed construction contract must be in place by around February 2028 to maintain its eligibility for national funding.

"By starting the detailed designs to proceed concurrently with the PLI and preparing for procurement, we can address these delivery challenges within the constraints of available funding and meet this deadline.

"That work can proceed while the PLI is giving anyone with an objection to the current proposals the opportunity to express their concerns before Ministers make an independent decision on its future.

"A phased construction approach and business case, which will be recommended to Council, should make it eligible for future national grant funding awards for flood protection programmes."

Elected members voted unanimously to approve moving to Stage 6, detailed design, which is expected to begin around August and take 24 months to complete at an estimated cost of £6m.

Extensive engagement

The report to Council also provided an update on the PLI which the project team currently expects to last around 14 months. External legal assistance to the council will be provided by Anderson Strathern which has engaged the services of a King's Counsel to represent the local authority, a standard practice in such matters.

It is anticipated the council's total costs for participating in the inquiry will be in the region of £1m with 80 per cent of the final figure to be met by the Scottish Government.

Last September a preliminary decision was made to confirm the proposed MFPS without modifications during a special Council meeting. Ministers decided to 'call in' the scheme last December and subsequently appointed a Reporter to conduct the PLI.

The scheme has been developed to bring about a major reduction to the flood risk to Musselburgh, preventing flood water spilling onto the natural flood plains on which the town was built over the centuries. It takes into account the increasing threat of flooding posed from the river, the coast, and the impacts of climate change.

Extensive engagement was carried out with the local community to develop the proposals.