Pilot Pentland Firth and Orkney Waters Marine Spatial Plan. Consultation Analysis and Modifications Report.
The Pentland Firth and Orkney Waters Marine Spatial Plan is a pilot process undertaken by a working group consisting of Marine Scotland, Orkney Islands Council and Highland Council in advance of statutory regional marine planning. This report presents an
13. General Policy 4A: Nature conservation designations
13.1 Summary of responses received
| Stakeholder | Count |
|---|---|
| Commercial | 4 |
| Fisheries and aquaculture | 1 |
| Individual | 1 |
| Non-governmental organisation | 2 |
| Public sector | 4 |
| Recreation | 2 |
| TOTAL | 14 |
13.2 Main themes
13.2.1 The policy was broadly welcomed with several stakeholders noting the importance of such designated sites. However, two stakeholders (recreation and renewable energy sectors) felt this policy duplicated existing legal requirements and questioned the value of having this policy in the Plan.
13.2.2 Some stakeholders also suggested that all designated (existing and proposed) should be marked on the relevant maps.
13.2.3 One public sector stakeholder noted that there is a need for them to have discharges of e.g. treated water to the marine environment in compliance with environmental licences and that the impact of potential new or extended designations should consider whether the demands this may place on them are reasonable in a sustainable context.
13.2.4 The majority of the comments were suggested changes to the text and these are contained within the table below.
Table 13.1 General Policy 4A Nature conservation designations - Table of suggested modifications
| No. | Suggested modification | Action taken | Reason |
|---|---|---|---|
| 138 | Information Box 7 should follow rather than precede paragraph 167 and should explain Marine Protected Areas are designated by Scottish Ministers under the Marine (Scotland) Act 2010. | INFORMATION BOX 7: Moved to follow paragraph 167. | To amend formatting error. |
| 139 | In Policy 4A: Locally designated sites text - insert 'it' between 'where' and 'can' in the second line of the paragraph. Should read 'site' at the start of line 2 in the second paragraph. | POLICY TEXT: For Locally designated sites: inserted 'it' between 'where' and 'can' in second line of first paragraph; and added 'site' at the start of line 2 in second paragraph. | To correct typing errors. |
| 140 | Propose amending the statement that development and activities will be supported 'where due regard is given to the importance of…' designated areas. Would propose amendment to: 'The Plan will support development and activities compliant with the statutory requirements of international, national and locally designated nature conservation sites.' The text below should then accurately set out the statutory requirements for each of the designations. There are currently inaccuracies, particularly in relation to Natura 2000 sites. We propose using the text as contained in the General Policies section of the National Marine Plan, paragraphs 4.41 to 4.49. Also propose amending the justification to: 'There is a statutory requirement to ensure developments are compatible with the conservation objectives of designated sites.' |
None. Noted: see above. |
The existing wording of the first sentence is appropriate. What constitutes 'due regard' is set out within the policy text for international, national and local sites. The suggested wording is not appropriate as some local sites are non-statutory e.g. Local Nature Conservation Sites. See above. |
| 141 | Draft Special Protection Areas and Local Nature Conservation Areas should be highlighted on all relevant maps in the Plan. | None. | Prior to final publication, should the status of the draft Special Protection Areas have changed to proposed Special Protection Areas, the Plan will be updated appropriately. The local nature conservation sites are currently under review and are set out in supplementary guidance. NMPi will be updated regularly to reflect any subsequent changes. |
| 142 | Draft Special Protection Areas should be included and treated as if they were in policy. | None. | Prior to final publication, should the status of the draft Special Protection Areas have changed to proposed Special Protection Areas, the Plan will be updated appropriately. |
| 143 | Clarity required as to what 'the public benefit outweighs the environmental impact' means e.g. life and limb, political, financial or other and at who's behest. | None. | This would be assessed on a case by case basis, in accordance with the legislation. |
| 144 | Substitute 'aquaculture' with 'fish farming'. | None. | Conformity with the National Marine Plan; a definition is given in the Sectoral Policy in relation to marine fish farming. In this instance, wider consideration is given to aquaculture activities other than solely fin fish and shellfish as defined by the relevant planning acts. |
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