Notice is hereby given in terms of paragraph 10, and paragraph 1 of Schedule 2 of the above Act that on 2nd October 2018 The North Ayrshire Council confirmed the proposed Upper Garnock Flood Protection Scheme 2015 without modification. The final decision was made in accordance with section 60 and paragraph 9 of Schedule 2 of the above Act and Parts II, III and IV of the above Regulations.

In accordance with paragraph 11 of Schedule 2 of the above Act the Upper Garnock Flood Protection Scheme 2015 will become operative six weeks after notice of its confirmation is first published in a locally circulating newspaper, as is required under paragraph 10(2)(d) of Schedule 2 of the above Act, unless an appeal in accordance with paragraph 12 of Schedule 2 of the above Act is made against the Scheme ie. in the period 19th October to 30th November 2018 inclusive.

An appeal is to be made by way of summary application to the Sheriff of the Sheriffdom on North Strathclyde at: Sheriff Clerk’s Office, Sheriff Court House, St Marnock Street, Kilmarnock KA1 1ED: however this may be made through any other Sheriff Court in the Sheriffdom of North Strathclyde.

The grounds on which a decision can be appealed are: (a) that the confirmed scheme breaches the restriction in section 61(3) or does not comply with the requirement in section 61(4) of the above Act; (b) that, in reaching the decision, the local authority erred in law; or (c) that there was a failure to comply with a procedural requirement contained in Schedule 2 of the above Act or the above Regulations. The Sheriff may, on the application of the appellant, suspend the operation of the scheme, or any part of it, either generally or insofar as it affects any interest in land which the appellant has, pending determination of the appeal. If the Sheriff is satisfied that the interests of the applicant have been substantially prejudiced, as detailed in paragraph 12(7) of Schedule 2 of the above Act, then the Sheriff may uphold the appeal and quash the scheme, or any part of it either generally or insofar as it affects the interest in land which the appellant has.

Elma Murray, Chief Executive, Cunningham House, IRVINE KA12 8EE