Date lodged: 31 October 2016
To ask the Scottish Government whether it would consider amending the Flood Risk Management (Scotland) Act 2009 so that Kemnay would be considered a Potentially Vulnerable Area (PVA) before the 2019 review.
Answered by: Roseanna Cunningham 8 November 2016
There are no plans to amend the Flood Risk Management (Scotland) Act 2009. The Act created a new framework for the assessment and management of flood risk to reduce the risk of flooding from all sources, as far as is reasonable, taking full account of environmental, economic and social priorities. As part of this new approach, the Act requires SEPA to carry out a National Flood Risk Assessment (NFRA) every 6 years, and from this identify Potentially Vulnerable Areas (PVAs) where a significant flood risk exists. The decision not to include Kemnay as a PVA was taken by SEPA based on the best evidence available at that time, including flood maps, historical flood data held for the area, and public consultation.
SEPA is now starting the process for reviewing the NFRA and the designation of PVAs as part of the next cycle of flood risk management planning and will be considering new evidence and information. It should be noted that whilst the PVAs are the primary focus for flood risk management actions by public authorities, areas outwith them can also be subject to flood assessment and management at the discretion of the local authority.