The Whitesands Project, which will deliver the Whitesands Flood Protection Scheme, is intended to protect homes, businesses and vital infrastructure from flooding while improving and maintaining the riverside environment in Dumfries.
Following recent media coverage and online discussion, the council has outlined its position on Common Good land within the project area. It says it is neither appropriating nor disposing of this land and will continue to manage it on behalf of the community.
The land will stay in council ownership and retain its Common Good status during and after the works. Once complete, it will remain part of the public realm and continue as open public space.
In 2014, the council's Common Good Sub-Committee approved the use of Common Good land for the management and delivery of flood protection works linked to the then-proposed scheme.
The council has obtained external legal advice from Scott Blair, an advocate at Terra Firma Chambers in Edinburgh and a recognised specialist in Common Good law.
Having considered his opinion, the council's view remains that neither the 2014 decision nor the current delivery of the scheme involves the appropriation or disposal of Common Good land.
Where Common Good land is affected, the project will help protect, enhance and safeguard it for future generations. The council believes tackling the long-standing flood risk aligns with its duty to protect and advance the Common Good.
Separately, recent decisions by the Scottish Information Commissioner do not relate to the legality of the 2014 decision or the ongoing delivery of the scheme.
In response to those decisions, the council has carried out additional information searches and issued responses to the requester, and will continue to comply with the Commissioner's requirements.
The £68.6 million project will provide a 1-in-75-year standard of flood protection and deliver improved walkways, landscaping and public spaces along the River Nith.
A council contribution of £13.7 million has secured £54.9 million from the Scottish Government to fund the project.
The council recognises that views on the Whitesands Project differ and says it will continue to share clear, accurate updates on the work, its progress and its benefits for people and businesses in Dumfries.
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