Councillors agreed to commence Stage 6 (detailed design) ahead of schedule in light of "continuing uncertainty" linked to a recently introduced funding cap on the national flood protection programme and revised deadlines. A report to the meeting from council officers said moving forward now would "help ensure the scheme's delivery" if consent is granted by Scottish Ministers after an upcoming Public Local Inquiry (PLI).

The detailed design phase for the Musselburgh Flood Protection Scheme (MFPS), intended to reduce flood risk for up to 3,200 properties, will run in parallel with the PLI. The report confirmed there is a legal requirement to progress the detailed design for the full scheme, as approved by the Council last September, to satisfy Scottish Government funding criteria and meet timescales recommended by COSLA (the Convention of Scottish Local Authorities).

A funding cap of £35.6 million for the scheme was announced in February 2026 by the Scottish Government and COSLA following a review of Cycle 1 flood protection projects nationwide. Scottish Ministers are expected to decide whether the scheme proceeds in late 2026 or early 2027, once the PLI concludes.

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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 unanimously backed the move to Stage 6, which is expected to start around August, take approximately 24 months to complete and cost an estimated £6 million.

The report also updated councillors on the PLI, which the project team currently anticipates will last around 14 months. External legal support will be provided by Anderson Strathern, which has instructed a King's Counsel to represent the council — standard practice in such proceedings. The council's participation in the inquiry is expected to cost in the region of £1 million, with 80 per cent of the final amount to be met by the Scottish Government.

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

FPS has been designed to significantly reduce the town's flood risk by preventing flood water from spilling onto the natural flood plains on which Musselburgh developed, accounting for threats from the river, the coast and the impacts of climate change. The proposals were shaped through extensive engagement with the local community.