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
4. Section 1: Introduction and Plan Vision
4.1 Summary of responses received
| Stakeholder | Count |
|---|---|
| Commercial | 3 |
| Fisheries and aquaculture | 3 |
| Individual | 1 |
| Non-governmental organisation | 3 |
| Public sector | 7 |
| Recreation | 2 |
| TOTAL | 19 |
4.2 Main themes
4.2.1 The respondents were in broad agreement with the information regarding the Plan Vision, Guiding Principles, Aims and Objectives although some provided specific comments where they felt the text could be made more clear or should include extra detail. One respondent noted that the purposes of the Plan were clearly stated and appropriate to the function of marine spatial planning. Another commented that the stages undertaken to prepare the Plan have been well considered and noted the need to ensure the lessons learned from the process are fully considered.
4.2.2 Two respondents commented on the spatial diagram with one welcoming its inclusion and the other stating it was overly complicated and difficult to read.
4.2.3 One respondent noted that the interactions matrix that had been used in the Planning Issues and Options Consultation Paper was not included. They commented that they felt a matrix approach could be useful as a starting point for exploring negative and positive interactions at more specific locations within the wider marine region.
4.2.4 Two aquaculture stakeholders commented that the commitment to 'using sound science responsibly' should be stated more clearly. Two other respondents made a similar point to highlight they felt the ecosystem approach needed to be more clearly defined and the principle more embedded into the framework of the policies.
4.2.5 One respondent requested more clarity on whether the Plan will be treated as planning policy advice or as supplementary guidance. The same respondent noted it would be useful to know how the Plan will guide non-regulated activities and how some of the objectives will be measured. This respondent also felt the membership of the advisory group was too narrow and could have included local policy and planning representation.
4.2.6 A representative of the aquaculture industry noted it was not clear what mechanisms had been put in place to ensure the Plan does not become outdated, inconsistent and/or duplicate other marine or coastal guidance.
4.2.7 A fisheries respondent provided extensive comments on this section of the Plan. The key points are listed in Table 4.1 below.
4.2.8 A further fisheries respondent noted that Objective 8 should recognise that the quality of life in many island communities is dependent on the positive effects of a local fishing industry. The same respondent welcomed that the Plan acknowledged the need to take into account the UK Marine Policy Statement and the National Marine Plan but felt Clause 2.2.1 from the UK Marine Policy Statement was not strongly enough transposed into the draft Plan.
Table 4.1 Section 1 Introduction and Plan Vision - Table of suggested modifications
| No. | Suggested modification | Action taken | Reason |
|---|---|---|---|
| 12 | The Spatial Diagram on page 8 identifies " RYA Cruising Lanes". This data is not correctly represented and referenced in accordance with the licence issued to Marine Scotland. | The RYA Cruising Lanes data and reference in the Spatial Diagram have been updated. | For accuracy as advised by the Royal Yachting Association. |
| 13 | Insert 'recreation' into Paragraph 19 | PARAGRAPH 19 (now 20): The word 'recreation' has been inserted. | To acknowledge the importance of recreation in the Plan area. |
| 14 | Change the Definition of Ecosystem Approach to: A strategy for the integrated management of land, water and living resources that promotes conservation and sustainable use in an equitable way. |
GLOSSARY: The National Marine Plan definition of the Ecosystems Approach has been inserted into the Plan glossary: 'An ecosystem-based approach to the management of human activities means an approach which ensures the collective pressure of human activities is kept within the levels compatible with the achievement of good environmental status; that does not compromise the capacity of marine ecosystems to respond to human induced changes; and that enables the sustainable use of marine goods and services'. | To provide consistency with National Marine Plan and an appropriate link to the Marine Strategy Framework Directive. |
| 15 | Suggest that "by adopting and adapting the RYA/Marine Federation Green Blue scheme" be added to Objective 7: Promote an ecosystem based approach to the management of human activities to support the achievement of Good Environmental Status of marine and coastal waters under Marine Strategy Framework Directive. | None. | Objective 7 applies to all sectors and is not intended to be specific to boating. |
| 16 | Spatial Diagram The RYA Cruising routes are only indicative and will vary considerably due to tide and wind. The Amendment Fig 8.11 Shipping Study of the PFOW Halcrow/Anatec Nov 2012 Rev 4 will give a better picture. |
None. | A reference to the Shipping Study is provided, along with links to other regional information, in paragraph 427 (now 432). |
| 17 | Purpose We suggest that in order to align better with the objectives of the plan on page 6, the second bullet in paragraph 3 is worded "to promote an ecosystems approach to the regulation, management and use of the area to which the plan applies". |
None. | The wording to 'inform and guide' in this bullet point is considered appropriate. |
| 18 | Para. 5 - It would be helpful to know when and how the process will be reviewed. Will there be a specific "Lessons learnt" report? | None. | A Lessons Learned report will be produced. |
| 19 | The two principal documents the PPFOWMSP must comply with, if it was a statutory document, are the UK Marine Policy Statement and the National Marine Plan. While the 'Vision' for the PPFOWMSP, set out on Page 5, appears to be generally in accord with these documents, the 'Guiding Principles' lack one key element, namely, the commitment to 'using sound science responsibly'. This omission should be rectified. | GENERAL POLICY 1A: Inserted an additional bullet point at the end of the first set of bullet points that states 'Sound science has been used responsibly'. | To provide greater consistency between the policy criteria in General Policy 1A and the Plan definition of sustainable development in Information Box 1. |
| 20 | The ecosystem approach has been listed as one of the guiding principles - we welcome and support its inclusion but the plan has not adequately defined the approach or embedded the principle fully into the framework of the policies. Instead the Plan as it currently stands is influenced and appears to be driven by development and the need to ensure 'sustainable economic growth'. | None. | A Sustainable Development and Safeguarding the Marine Ecosystem Policy has been developed in the Plan. |
| 21 | It would be useful at this stage to know whether the PFOW MSP will be treated as planning policy advice or as supplementary guidance. | Text deleted from final paragraph of Executive Summary and paragraph 35 (now 36) 'or as supplementary guidance to the Orkney Local Development Plan and the Highland-wide Local Development Plan, as revised'. PARAGRAPH 35 (now 36) and last sentence of EXECUTIVE SUMMARY: Amended sentence to 'Highland Council and Orkney Islands Council will be provided with the option to adopt the final pilot Marine Spatial Plan as non-statutory planning guidance, acknowledging the status of the Plan as a material consideration in the determination of relevant planning applications. Orkney Islands Council will also be provided with the option to approve the Final Plan as a material consideration in the determination of works licence applications'. |
To state the preferred status of the Plan as non-statutory planning guidance as opposed to Supplementary Guidance. To clarify the options for the adopted status of the Final Plan. |
| 22 | Page 7-9 discusses the marine environment and biodiversity protection and enhancement; however, there is no mention of the proposed SPA/ MPA/ SACs, or indeed maps to show them. Additional maps may well be useful at this point as this relates directly back to Paragraph 3 - the main purposes of the marine plan and the desire for 'enhancement of the health of the Plan area'. | None. | The nature conservation site maps in the Plan will identify the designated Marine Protected Areas and classified and/or proposed Special Protection Areas/Special Area of Conservation at the point at which the Plan is published. |
| 23 | Page 11 'Population and Human Health' only contains negative statements. It would be useful to include some positive wording here also such as up skilling, increased numbers of children in rural schools thus protecting them and potential for increased local amenities. | None. | Paragraph 20 (now 21) identifies key environmental pressures addressed as part of the Strategic Environmental Assessment. |
| 24 | Paragraph 32 mentions that the Plan is non-statutory; therefore, doesn't follow certain preparatory steps. As the Plan is being set out to inform upcoming statutory Plans then it would be useful to set out the steps that have not been followed as part of this learning process. | Note added to the key lessons on planning process in Lessons Learned report. | To inform upcoming statutory plans. |
| 25 | Paragraph 24 - note that the circular has now been finalised and published http://www.gov.scot/Publications/2015/06/5851 and is no longer draft, as referred to. | Reference to Draft Planning Circular in PARAGRAPH 24 (now 25), PARAGRAPH 271 (now 270), FOOTNOTES on page 13 and FURTHER INFORMATION on page 113: amended to 'Planning Circular 1/2015 The relationship between the statutory land use planning system and marine planning and licensing'. Changed weblink to: http://www.gov.scot/Publications/2015/06/5851/downloads | To update reference to reflect the updated status of the Circular. |
| 26 | There needs to be a clear definition of sustainability. | None. | Definition of sustainable development provided in glossary with an expanded definition in Information Box 1. |
| 27 | It was pointed out that Sule Skerry and Sule Stack are not within territorial waters out to 12 miles. | None. | Sule Skerry and Sule Stack are within UK Territorial Waters and the Orkney Scottish Marine Region. |
| 28 | Constraints should include biological constraints e.g. spawning, hatching and juvenile areas. | Acknowledged data gaps will be noted in the Lessons Learned report. | Sectoral Policy 1 and associated supporting text acknowledges the importance of safeguarding juvenile and spawning stocks. |
| 29 | The Plan needs to take into account the three dimensional nature of the marine environment. | None. | The Plan acknowledges the challenge of considering the complex spatial requirements of each sector within a three-dimensional environment including the water surface, the water column and the seabed. The Plan aims to address water surface, water column and seabed issues and the interactions between these factors. |
| 30 | The Plan should support productivity that benefits local communities first and before 'wider stakeholders' (Objective 1). | None. | The Plan takes a balanced approach to supporting long term productivity in the marine environment deriving local and wider benefits. |
| 31 | A much more comprehensive baseline of existing fishing activity is required before this Plan can properly inform new developers and this is a data gap the Government must fill. | None. | Lessons Learned report will note that the Scottish Government has undertaken a Scotland wide ScotMap project to provide baseline data of fishing activity and supported regional projects in the PFOW to provide real time fine scale information. There will be ongoing discussion with the fishing industry to improve and refine these data. |
| 32 | The Spatial Diagram on page 8 is overly complicated and difficult to read. As it serves only to highlight the high levels of activity within the PFOW region, we think it should be removed. | None. | The spatial diagram is considered an appropriate method for illustrating the complexity of use in the Plan area and was developed in response to stakeholder feedback received during the Planning Issues and Options consultation. All the data within the spatial diagram are contained within the Plan maps. |
| 33 | The quality of life in many island communities is dependent on the positive effects of a local fishing industry and that should be recognised in Objective 8 (page 6). | None. | Objective 8 is a high level objective that is not specific to fisheries but to all activities and sectors. |
| 34 | Paragraph 70 should read Scottish Ministers not Scottish Government. Paragraph 73 Delete reference to non-statutory consultees. Paragraph 77 change references from MS-LOT to competent authorities. | PARAGRAPH 70: changed Scottish Government to Scottish Ministers. PARAGRAPH 73: deleted reference to non-statutory consultees. PARAGRAPH 77: changed references to MS-LOT to read 'competent authorities'. |
Correction. |
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