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Publication - Consultation analysis

Pilot Pentland Firth and Orkney Waters Marine Spatial Plan. Consultation Analysis and Modifications Report.

Published
21 March 2016
Topic
Marine and fisheries
ISBN
9781786520685

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

View supporting documents Supporting documents

6. Section 3: Legislative and Policy Context and Annex 2 Legislation, Policy and Plans

6.1 Summary of responses received

6.1.1 This table describes the responses received on Section 3: Legislative and policy context.

Stakeholder Count
Commercial 2
Fisheries and aquaculture 2
Individual 0
Non-governmental organisation 0
Public sector 4
Recreation 1
TOTAL 9

6.1.2 This table describes the responses received on Annex 2 Legislation, Policy and Plans.

Stakeholder Count
Commercial 1
Fisheries and aquaculture 1
Individual 0
Non-governmental organisation 0
Public sector 2
Recreation 0
TOTAL 4

6.2 Main themes

6.2.1 The majority of the comments in relation to this section were suggestions for changes to the text and Figure 2 and these are included in the table below.

6.2.2 Two aquaculture respondents made very similar comments with regard to providing clarity on the dates that documents referenced in this section were published. They both noted they had provided comment to the Highland Council Draft Aquaculture Supplementary Guidance (July 2015) and that this could be taken into consideration where the comments were also relevant to the Plan.

6.2.3 A fisheries respondent stated that existing fishing activity should feature among the priorities of this section. They welcomed the need to take account of the UK Marine Policy Statement and the National Marine Plan.

Table 6.1 Section 3 Legislative and Policy Context and Annex 2 - Table of suggested modifications

No. Suggested modification Action taken Reason
62 Paragraph 85 should give greater emphasis to the requirements of the Maritime Spatial Planning Framework Directive. None. The Marine Spatial Planning Directive is highlighted in the text and all Directives are considered appropriately.
63 Insert section on the UK Marine Strategy and future proof to include requirements of MSFD when fully implemented ( e.g. Programmes of Measures) to link to RBMP section. None. Information Box 3 highlights the aims of Marine Strategy Framework Directive in relation to the Plan.
64 Para. 89 Should state that the National Marine Plan ( NMP) has been adopted and provide the date. Any Regional Marine Plan ( RMP) must be consistent with the NMP. If the PPFOWMSP is intended to be a model for future RMPs, then it should be completely consistent with the current NMP. As currently written, it is not. PARAGRAPH 89: Changed reference in final sentence to refer to 'Scotland's National Marine Plan' as opposed to 'the National Marine Plan'. Added a new final sentence 'This pilot Plan has therefore been prepared to conform with the National Marine Plan'.
PARAGRAPH 84: Paragraph 84 deleted. Inserted the following new paragraph immediately following paragraph 10 (now 11) - 'This Marine Spatial Plan has been developed to closely align with the National Marine Plan, National Planning Framework 3 and Scottish Planning Policy. To achieve this, the Plan was prepared in parallel with Scotland's National Marine Plan. It is recommended that users of this Marine Spatial Plan refer to Scotland's National Marine Plan for further information on relevant topics and issues. Future statutory regional marine plans will be expected to adhere to the objectives and policies within the National Marine Plan'.		 To refer accurately to the title of the current National Marine Plan and provide clarity on how this Plan relates to the National Marine Plan.
Adoption dates have not been included as the National Marine Plan may be updated within the lifetime of the Plan.
The Plan is consistent with the National Marine Plan.
65 Para. 90: This paragraph should identify the date of publication of Scottish Planning Policy (2014) ( SPP). The SPP contains policies on fish farming and not just land use planning matters. None. Adoption dates have not been included as Scottish Planning Policy may be updated within the lifetime of the Plan.
66 Para. 96: It is not clear how the RBMP objectives specific to the plan area are considered within the dMSP.This paragraph should identify the RBMPs that are in place, the date they were published/adopted, and when they might be reviewed. ANNEX 2 - removed reference to Orkney and Shetland Area Management Plan and North Highland Area Management Plan 2009-15. Replaced with 'River Basin Management Plan for the Scotland River Basin District'.
Included link to http://www.sepa.org.uk/environment/water/river-basin-management-planning/		  
67 Para. 97 - There is a current, adopted Orkney LDP which should be referenced. It is not unreasonable to identify the process and timescales for Review of the LDP, however the detail of this would be out of date quite quickly. The terminology used to describe the Guidance that OIC might use, and the options for incorporation of the PPFOWMSP within it, is confusing. 'Supplementary Guidance', in the context of an adopted Local Development Plan, has a specific statutory meaning and status, as defined in the Development Plan Regulations. Anything that is not 'Supplementary Guidance', adopted as part of a Local Development Plan, should not be called 'Supplementary Guidance' in order to avoid confusion (see Circular 6/2013). PARAGRAPH 97: Deleted all text and replaced with 'The Orkney Local Development Plan - Adopted April 2014 provides the current statutory land use planning framework for Orkney. This Marine Spatial Plan has been developed to provide an integrated planning policy framework across the relevant terrestrial and marine area. It should be noted that a review of the Orkney Local Development Plan is taking place during 2015-16'. To provide updated information on the Orkney Local Development Plan.
68 Para. 98: This paragraph should also refer to Policy 50 of the HWLDP given its relevance to the dMSP. Scottish Sea Farms Ltd and Scottish Salmon Producers Organisation have recently provided feedback on the Highland Council Draft Aquaculture Supplementary Guidance (July 2015), and would wish this to be taken into consideration where comments are also relevant to the dMSP. PARAGRAPH 98: Deleted second sentence and replaced with 'The current Policy 49: Coastal Development will likely be replaced by a Coastal and Marine Planning policy to support the integration of marine and land use planning'. To provide updated information on the Highland-wide Local Development Plan.
69 Para. 99 - It is not unreasonable to identify the process and timescales for the preparation of the Caithness and Sutherland Local Development Plan, or for that matter, the Review of the HWLDP. However the detail of this would be out of date quite quickly. If these paragraphs are not to be simply a 'snap shot' of the process, rewording is recommended. PARAGRAPH 99: New second sentence added 'To support this the proposed Plan was published for consultation from January to March 2016'. Changed 'the proposals' to 'the position' in third sentence. To provide accurate information regarding the current status Caithness and Sutherland Local Development Plan and Highland-wide Local Development Plan.
70 Fig 2 should refer to Scottish Planning Policy not policies. The same box could refer to national planning guidance. The local development plan box could also usefully refer to Supplementary Guidance. And the box on other non-statutory plans should technically state non-statutory planning guidance. FIGURE 2: Amended to 'Scottish Planning Policy and Guidance' and 'Other Non-statutory Plans and Guidance etc'. For accuracy.
71 National Planning Framework 3 - in addition to the national developments referred to it might also be useful to make reference to the 'further key actions' set out in section 6.10 of NPF3 and the MSPs support for their delivery. These include actions around a joined up approach to marine and terrestrial planning, support for the growth of the aquaculture sector, and support for renewable energy including a reference to the areas of coordinated action. None. Relevant National Planning Framework 3 references are adequately covered in Paragraphs 91-94.
72 If Scottish ministers do support isles and coastal communities and the inshore fishing industry then the existing activity of fishing should feature among the priorities identified on page 33. PARAGRAPH 92: Additional sentence added at the end of the paragraph: 'Furthermore, NPF3 highlights that land use and marine planning should aim to balance development with environmental quality and activities such as fishing and tourism'. To reflect the role of marine and land use planning as identified in National Planning Framework 3.
73 The Annex should include a reference to "A Fresh Start - The Renewed Strategic Framework for Scottish Aquaculture", published by Marine Scotland in 2009, as this is the primary strategic document that sets out the Scottish Government's vision and objectives for the industries involved in aquaculture, including salmon farming. FURTHER INFORMATION (page 148): Inserted reference to A Fresh Start - The Renewed Strategic Framework for Scottish Aquaculture http://www.gov.scot/resource/doc/272866/0081461.pdf To update document references.
74 We consider that the Bathing Water Directive ( BWD) and revised BWD should be listed; this legislation has resulted in significant historic, current and planned Scottish Water investment to the benefit of public health and Biodiversity. ANNEX 2: Inserted reference to Directive 2006/7/ EC of the European Parliament and of the Council of 15 February 2006 concerning the management of bathing water quality and repealing Directive 76/160/ EEC http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32006L0007 To update document references.

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