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

I am no expert in the mechanism for doing this, and there needs to be either a body with a final say e.g. relevant councils or a small committee (I can't think of a better name sorry) with the final say, but the point is that there needs to be an integrated approach such that business developments can be viewed from an overall perspective. This would help improve the chances of (marine) business ventures going ahead, and also in adding value locally to e.g. the Orkney economy - all must be done to encourage "local value added" and not simply have the exporting of raw materials. If both a marine part and a terrestrial part (of a proposed development) are key to its success, then the planning process should facilitate an overall evaluation as opposed to a part by part evaluation

Noted. The Working Group has representatives from Marine Scotland, Highland Council and Orkney Islands Council to ensure that an integrated approach between terrestrial and marine planning systems can be achieved. The Marine Planning Partnerships will, once in place, be the decision making body that will ensure there is integration between terrestrial and marine planning systems in the Regional Marine Plans.

The onshore, coastal and offshore planning must be integrated. It is no use agreeing an offshore area of low impact when its adjacent landfall has a significant impact and vice versa.

Noted. The Working Group has representatives from Marine Scotland, Highland Council and Orkney Islands Council to ensure that an integrated approach between terrestrial and marine planning systems can be achieved. The Marine Planning Partnerships will, once in place, be the decision making body that will ensure there is integration between terrestrial and marine planning systems in the Regional Marine Plans. Policy 2A deals with the integration of terrestrial and marine planning in the Draft Plan.

The pilot plan should attempt to build on and reinforce existing terrestrial policies while recognising that the latter can never be a simple duplicate of the multidimensional and dynamic nature of the water column the sea surface and the sea bed.

Extensive involvement of coastal stakeholders in the preparation, implementation and evaluation of the marine spatial plan will ensure successful integration of the two planning systems.

Noted. The Working Group has representatives from Marine Scotland, Highland Council and Orkney Islands Council to ensure that an integrated approach between terrestrial and marine planning systems can be achieved. There will be ongoing consultation with stakeholders during the development of the Draft Plan.

We consider effective integration of marine and terrestrial planning to be essential, especially with respect to effective safeguard of intertidal and coastal biodiversity, landscapes and access. There are particularly pressing challenges for safeguard of the coastal zone in PFOW arising from growth of the marine renewables sector and associated demand for terrestrial sites to accommodate infrastructure such as cable landings, electricity substations, and ports and harbours facilities for installation, servicing or repair of devices. We suggest that SEA processes for both marine and terrestrial plans could provide one means of cross-referencing between Plans to ensure that polices are aligned in order to minimise potential cumulative impacts of development in the coastal zone.

Noted. Policy 2A deals with the integration of terrestrial and marine planning in the Draft Plan. The SEA and HRA processes will be used to provide a means of cross-referencing between Plans.

AP87: Ensure the Strategic Environmental Assessment and Habitats Regulations Appraisal processes cross-reference between Plans and policies where appropriate.

However, in order to achieve such a vision for coherent marine and terrestrial planning outcomes across multiple (here two) local authority areas, we suggest that collaboration on process and governance issues (such as membership of Regional Planning Partnerships and scheduling of relevant LA Committees' meetings) will be critically important. Effective delivery of policies will also require cross-authority collaboration.

Noted. Collaboration on process and governance issues is important and the working group are aiming to keep a record of lessons learned and suggestions for how these processes could be managed. In advance of the formation of Regional Planning Partnerships the Working Group is providing a degree of cross authority collaboration and providing regular committee updates.

AP88: Keep a note of lessons learned in relation to process and governance issues.

Consideration is also needed as to how marine planning should be integrated with other public sector aspirations and / or plans that drive development ( e.g. TCE leasing rounds and NRIP). As with terrestrial development plans, there may be opportunities for integration through the SEA process, but this needs to be clearly articulated.

Noted. This has been addressed in Table 4.1 of the PIOP and will be updated if required.

This pilot offers opportunities to consider such issues and how they might be addressed in future statutory marine plans.

Noted.

We agree that it is important that marine and terrestrial plans are integrated as fully as possible. This is especially important where terrestrial development supports marine development or where proposals are located in the intertidal area, where both consenting regimes may apply.

Noted. The Working Group has representatives from Marine Scotland, Highland Council and Orkney Islands Council to ensure that an integrated approach between terrestrial and marine planning systems can be achieved. There will be ongoing consultation with stakeholders during the development of the Draft Plan.

While we appreciate it is difficult to achieve in practice, developing and consulting on the relevant local development plans and marine plan at the same time would help ensure consistency of approach. It may also encourage members of the public and developers to engage in the process more fully and have a better understanding of the interrelationship between marine and terrestrial planning.

Noted. This will be taken into consideration and, where possible, development and consultation on the local development plans and the Draft Plan will be co-ordinated.

AP89: The Working Group will take into consideration co-ordination of development and consultation on the local development plans and the Draft Plan

Integration between the marine and terrestrial planning systems could be facilitated based on the Shoreline Management Plan approach which aims to ensure sustainable coastal development.

Noted.

AP90: The Working Group will take note of the Shoreline Management Plan approach.

No comments.

N/A

There will be a degree of overlap between the land planning function and the scope of the marine spatial plans. To facilitate integration, each marine spatial plan should make clear which local planning authorities it relates to.

Noted. The Working Group has representatives from Marine Scotland, Highland Council and Orkney Islands Council to ensure that an integrated approach between terrestrial and marine planning systems can be achieved. There will be ongoing consultation with stakeholders during the development of the Draft Plan.

For the area between mean high and low water springs, the marine spatial plans should ensure there is no conflict with existing/emerging Local/Strategic Development plans. In determining the timetable for plan development, cognisance should be given to the terrestrial planning regime. Appropriate consultation should be undertaken to ensure no conflict between land and marine spatial plans. This will be of particular importance when considering proposals for large renewable developments which may require substantial land based infrastructure.

Noted. This will be taken into consideration and, where possible, development and consultation on the local development plans and the Draft Plan will be co-ordinated.

AP91: The Working Group will take into consideration co-ordination of development and consultation on the local development plans and the Draft Plan.

This will require clear guidance, as planners tend to be overloaded even now.

Noted. The Working Group has representatives from Marine Scotland, Highland Council and Orkney Islands Council to ensure that an integrated approach between terrestrial and marine planning systems can be achieved. There will be ongoing consultation with stakeholders during the development of the Draft Plan.

There is a problem with marine litter. A large proportion of this is sourced from shore side activities mainly farming and building. The strong winds here in Orkney do not help the situation. Another source is due to fish farming activities where litter is washed overboard from the boats. The RYA have a voluntary code of practice called the Green Blue possibly this sort of code should be looked at for the fish farming industry. Litter from farming and building would probably need a different approach.

Noted.

AP92: The Working Group will take the management of marine litter with a land based source into account in the waste management and marine litter policy in the Draft Plan.

No comment

N/A

The forthcoming planning circular on the integration of marine and terrestrial planning should provide guidance. It is likely that more changes will be needed in the Local Development Plan at its next quinquennial revision than in the Marine Spatial Plan to facilitate integration. A table listing activities where there is a marine-land interaction might be a useful addition to the plan.

Noted.

AP93: The planning circular will be taken into account and the Working Group will consider producing a table of marine-land interactions.

The overlap of Marine and terrestrial planning can lead to grey areas of responsibility between the two regimes this issue must be fully addressed in order to facilitate and support the mapping of both terrestrial and marine planning systems. The roles of Marine Scotland and the Local Authority need to be clear.

Noted. The Working Group has representatives from Marine Scotland, Highland Council and Orkney Islands Council to ensure that an integrated approach between terrestrial and marine planning systems can be achieved. There will be ongoing consultation with stakeholders during the development of the Draft Plan.

As frequent users of the intertidal zone, we are keen to see the pilot plan and/or marine planning process facilitate a smooth mapping of terrestrial and marine planning systems.

Noted. The Working Group has representatives from Marine Scotland, Highland Council and Orkney Islands Council to ensure that an integrated approach between terrestrial and marine planning systems can be achieved. There will be ongoing consultation with stakeholders during the development of the Draft Plan.

It is important to recognise that in addition to the physical infrastructure required for off shore development, there are other terrestrial impacts of off shore development. This will include impacts on the landscape and potential impacts on coastal processes or on sediment shift that could have terrestrial implications. Changing wave and current regimes that might result from marine development could impact on coastal erosion which from a sport perspective could impact on e.g. coastal path networks of links golf courses. It is important that policy takes account of these relationships between the land and the sea and the implications that development might have.

Noted.

We are working closely with OIC and HC planners to ensure that our Plan is compatible with terrestrial Local Plans and vice versa.

AP94: The Working Group will consider, where there is information available, the potential terrestrial impacts of off shore development.

The Planning Issues and Options report makes reference to the National Marine Plan, Scottish Planning Policy and National Planning Framework 3 ( NPF3) and we welcome effort to coordinate the plan with the terrestrial and marine planning systems more generally to ensure the development of an integrated planning strategy.

Noted.

The plan should make reference to any national developments identified in the forthcoming NPF3 which fall within the plan area. The Main Issues Report currently identifies a number of possible National Developments within the plan area including the proposal to designate the onshore infrastructure for offshore renewable energy as a National Development. The intention is that designation as a National Development will help assist the timely delivery of these offshore renewable energy projects, therefore it is important that this approach is coordinated with the plan to ensure there is consistency between terrestrial and marine planning in achieving this objective.

Noted. The Working Group will take the National Planning Framework into account in the Draft Plan.

AP95: The National Planning Framework 3 will be taken into account in the Draft Plan.

We also understand that Marine Scotland is due to consult on a Planning Circular as part of their summer consultation programme which will set out how the marine and terrestrial planning systems should interact. The plan should also make specific reference to this, ensuring that it is aligned with the approach proposed in the Planning Circular.

AP96: The planning circular will be taken into account in the Draft Plan.

It would also be helpful for the plan to make reference to how, from a process perspective, decisions affecting both the marine and terrestrial environments will be made - this does not necessarily mean clarity in terms of policy interpretation, but the process expected to be followed in determining outcomes.

Noted. The Working Group has representatives from Marine Scotland, Highland Council and Orkney Islands Council to ensure that an integrated approach between terrestrial and marine planning systems can be achieved. There will be ongoing consultation with stakeholders during the development of the Draft Plan.

AP97: The Working Group will clarify the process of how decisions affecting the marine and terrestrial environments will be made.

Wherever possible mechanisms should be established whereby there is regular dialogue between those responsible for marine planning and those for terrestrial. This will help achieve a consistency of approach across the terrestrial and marine plans and provide opportunity for cross cutting themes to be addressed efficiently, avoiding the establishment of conflicting policies. This is in addition to the need for wider stakeholder consultation between those with terrestrial and/or offshore interests.

Noted. The Working Group has representatives from Marine Scotland, Highland Council and Orkney Islands Council to ensure that an integrated approach between terrestrial and marine planning systems can be achieved. There will be ongoing consultation with stakeholders during the development of the Draft Plan.

Furthermore, there is a requirement to facilitate a shared evidence base to ensure better understanding of the environmental issues relevant to either/ or/ both plans.

Noted. The Draft Plan will provide an evidence base that can be used by both terrestrial and marine planners.

Achieving the effective national-level integration between marine and terrestrial planning is vital in order to facilitate regional/local integration. Integration should be promoted not only through plan-making but also in terms of the provision of pre-application advice and the application ('consenting') processes. Continued liaison between Marine Scotland, Highland Council and Orkney Islands Council is crucial. Integration (via Highland Council) with its Local Development Plan for Caithness and Sutherland, and with the CNSRP's Plan, will ensure better integration. See also our comments on Policy area 2 (Integrating marine and coastal development).

Noted. The Working Group has representatives from Marine Scotland, Highland Council and Orkney Islands Council to ensure that an integrated approach between terrestrial and marine planning systems can be achieved. There will be ongoing consultation with stakeholders during the development of the Draft Plan.

It is important the relationship between the terrestrial planning regime and the marine planning regime is clear, especially in light of the overlap between the mean high and low waters spring tide mark area.

All marine renewable developments have elements of onshore works which are crucial to each development. The terrestrial planning regime should support these works for developments identified in marine plans. As recognised in the issues paper, there are other associated onshore works which will support the industry as a whole, including port and harbour facilities. The terrestrial planning regime must also recognise and support these works to facilitate developments envisaged by the marine planning system.

Noted. The Working Group has representatives from Marine Scotland, Highland Council and Orkney Islands Council to ensure that an integrated approach between terrestrial and marine planning systems can be achieved. There will be ongoing consultation with stakeholders during the development of the Draft Plan.

To this end we support the partnership approach to the development of the plan which includes both Highland and Orkney Islands Council.

Noted.

We were pleased to see the clear expression in the third National Planning Framework ( NPF3) that it should complement marine planning by addressing the significant onshore development requirements arising from offshore wind, wave and tidal energy. We believe that greater coordination between NPF and the National and Sectorial Marine Plans can be achieved. Therefore, we encourage the Scottish Government to set out in greater detail the process for engagement as both national plans are taken forward.

Noted. The Working Group will take the National Planning Framework into account in the Draft Plan.

AP98: The National Planning Framework 3 will be taken into account in the Draft Plan.

To this end, the Scottish Government is preparing a planning circular on marine and terrestrial planning. This circular should help develop the plan and its relationship with the relevant onshore plans.

Noted.

AP99: The planning circular will be taken into account in the Draft Plan.

The need for integration of the two systems cannot be overstated to ensure the plan objectives for the respective regimes are compatible. Aquaculture stands out in this regards as an activity guided by one system but operates in the marine environment. Close collaboration between the authorities involved will be essential - through for example both formal and informal consultation. This could be aided by a specific liaison role within the local authority working across both regimes. The partnership approach taken in the development of the pilot appears to be useful model.

Noted. The Working Group has representatives from Marine Scotland, Highland Council and Orkney Islands Council to ensure that an integrated approach between terrestrial and marine planning systems can be achieved. There will be ongoing consultation with stakeholders during the development of the Draft Plan.

Stakeholder engagement could be streamlined by aligning key stages of the two plan development process; for example public consultation.

Noted. This will be taken into consideration and, where possible, development and consultation on the local development plans and the Draft Plan will be co-ordinated.

AP100: The Working Group will take into consideration co-ordination of development and consultation on the local development plans and the Draft Plan.

No comment.

N/A

It needs to be made clear exactly who is responsible for what and if conflict arises over for example optimal landing points, an arbitrating body should be available with set procedures to resolve potential conflict between the marine and land based disciplines.

Noted. The relevant section of the Draft Plan will be modified to improve clarity and be more comprehensive.

AP101: Provide clarity on responsibility for arbitration to resolve conflict between the marine and terrestrial based planning.

The unique position of aquaculture in marine and terrestrial planning means it is important that the Pilot Plan addresses the issue of 'primacy'. Out to 3 NM the Town and Country Planning (Scotland) Acts apply to aquaculture, both in terms of planning policy and decisions on planning applications. However the Pilot Plan will also have policies relating to aquaculture within the 3 NM limit and out to 12 NM. There is therefore an overlap of plans dealing with aquaculture from the MHWS to 3 NM. The potential for confusion and inconsistency abounds.

Noted. The relevant section of the Draft Plan will be modified to improve clarity and be more comprehensive.

AP102: The text in relation to aquaculture policies will be clarified to avoid confusion and inconsistency.

The issue has been raised consistently with Scottish Government, Marine Scotland and the Local Authorities in the context of objections to Local Development Plans. SSPO is aware of the Circular in preparation on the interface between the two planning systems. Our understanding is that Scottish Government would prefer to see marine plans take primacy over terrestrial plans in terms of marine development, and we fully understand and support that preference. As this only relates to aquaculture, which is currently being planned for by the local authorities in their Local Development Plans, there is a need for the Pilot to reflect the general principle of this preferred approach.

(See also SSPO comments on the Scottish Planning Policy and the National Planning Framework Main Issues Report.)

Noted. The Draft Planning Scotland's Sea Circular (Paragraph 77) states 'the Scottish Government expects that, in time, regional marine plans, and any supplementary plans or guidance associated with them, will provide the principal spatial framework for decisions about the location of new aquaculture development. In doing so, regional marine plans will need to take account of the pre-existing terrestrial development plan and any spatial framework, and of the impact of any new aquaculture development on terrestrial planning objectives. This shift of spatial planning for aquaculture from terrestrial to marine planning should take place in a manner and time to be agreed between terrestrial and marine planning authorities'.

In advance of the appropriate governance arrangements to enable the preparation of statutory regional marine plans, it is considered appropriate that LDPs should remain the statutory planning policy framework for aquaculture.

Comments in Question 19 box.

Noted.

Comments in Question 19 box.

Noted.

No comments.

N/A

HIE would encourage Marine Scotland to integrate with terrestrial planning to ensure the development of an integrated planning strategy. There will always be onshore elements involved for each development therefore the terrestrial planning regime should support these works to facilitate development which should include ports and harbours.

Noted. The Working Group has representatives from Marine Scotland, Highland Council and Orkney Islands Council to ensure that an integrated approach between terrestrial and marine planning systems can be achieved. There will be ongoing consultation with stakeholders during the development of the Draft Plan.

Comments in Question 19 box.

Noted.

As there is a huge difference between the environments involved in Terrestrial and Marine Planning it is essential that the interface between the two is managed carefully so as not to over emphasise either. It will be important to ensure stakeholder involvement in the process of ICZM.

Noted. The Working Group has representatives from Marine Scotland, Highland Council and Orkney Islands Council to ensure that an integrated approach between terrestrial and marine planning systems can be achieved. There will be ongoing consultation with stakeholders during the development of the Draft Plan.