Other Notices

FLOOD PREVENTION (SCOTLAND) ACT 19612005-02-04EH11YJ-3.19073055.950377EH1 1YJThe City of EdinburghTSO (The Stationery Office), St Crispins, Duke Street, Norwich, NR3 1PD, 01603 622211, customer.services@tso.co.uk257802301/302301/30

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The City of Edinburgh Council

FLOOD PREVENTION (SCOTLAND) ACT 1961 (“THE ACT”)

BRAID BURN FLOOD PREVENTION SCHEME 2003

Notice is hereby given in terms of paragraph 8 of the Second Schedule to the Act that the Scottish Ministers have confirmed the above flood prevention scheme.

A copy of the scheme and the relevant plans may be inspected without payment of fee at The City of Edinburgh Council, City Development Department, Main Reception at 1 Cockburn Street, Edinburgh, during the hours 8.30 am to 4.30 pm Monday and Tuesday, 9.00 am to 4.30 pm Wednesday and Thursday and 8.30 am to 3.30 pm Friday and at The City of Edinburgh Council, Information Office, City Chambers, High Street, Edinburgh, during the hours 8.30 am to 5.00 pm Monday to Thursday and 8.30 am to 4.30 pm Friday for a period of 6 weeks from the first publication of this notice. A copy of the scheme and the relevant plans may also be inspected without payment of fee at the following Libraries:

Colinton

1.00 pm to 8.00 pm Monday, 10.00 am to 5.00 pm Tuesday, 1.00 pm to 8.00 pm Wednesday, 10.00 am to 5.00 pm Thursday and Friday and 9.00 am to 1.00 pm Saturday.

Oxgangs

10.00 am to 8.00 pm Monday to Thursday, 10.00 am to 5.00 pm Friday, 9.00 am to 5.00 pm Saturday and 1.00 pm to 5.00 pm Sunday.

Newinton

10.00 am to 8.00 pm Monday to Thursday, 10.00 am to 5.00 pm Friday, 9.00 am to 5.00 pm Saturday and 1.00 pm to 5.00 pm Sunday.

Portobello

10.00 am to 8.00 pm Monday to Thursday, 10.00 am to 5.00 pm Friday, 9.00 am to 5.00 pm Saturday and 1.00 pm to 5.00 pm Sunday.

Under paragraph 9 of the Second Schedule to the Act, any person who desires to question the validity of the flood prevention scheme or any provision contained therein, on the grounds that it is not within the powers of the Act, or on the grounds that any requirement of the Act has not been complied with in the making or confirmation of the scheme, may within 6 weeks from Friday 4 February 2005, make an application to the Court of Session, and on any such application the Court-

(a)  may by interim order suspend the operation of the scheme, or of any provision contained therein, either generally or in so far as it affects any property of the applicant, until the final determination of the proceedings; and

(b)  if satisfied that the scheme, or any provision contained therein, is not within the powers of this Act, or that the interests of the applicant have been substantially prejudiced by a failure to comply with any such requirement as aforesaid, may quash the scheme, or any provision contained therein, either generally or in so far as it affects any property of the applicant.

Gill Lindsay, Council Solicitor

The City of Edinburgh Council, City Chambers, High Street, Edinburgh EH1 1YJ.

February 2005.