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

Provided that these existing marine activities have a measurable benefit, in economic and social terms, and that they are not damaging to the environment (especially), then all existing activities indicated e.g. inshore fishing, ferry transport, allowed recreation activities should be reasonably safeguarded but that should not be to the detriment of other future developments, which may or may not even have been currently envisioned or identified, which might have better benefits for the community and the environment. It is important that a degree of dynamics is encouraged

Noted.

Exploitation of the assets of the area should not be carried out such that any existing user is discouraged or phased out. From a PFYC perspective we would accept some sensible curtailment of our freedom to sail anywhere at any time as long as this curtailment is reasonable. Any changes must be done in a manner that is not unduly hazardous to navigation bearing in mind that sailing vessels and small craft transiting these waters during high flow conditions may not be under command. Both consenting authorities and developers must accept responsibility for introducing new artificial hazards and not use legislation to protect themselves from this responsibility. Simply marking a new hazard on a chart should not relieve them of responsibility should a vessel become damaged or wrecked. These are not normal navigational waters and vessels may not be able to avoid new hazards in what was previously a clear passage.

Noted.

AP124: The hazards relating to navigational conditions in the PFOW, particularly in relation to sailing vessels and small craft, should be acknowledged and addressed in the operation and safety of shipping and navigation policy in the Draft Plan.

The commercial fishing industry is a long-standing and established entity in the Orkney Islands and therefore integral to island identity. Fishing provides practical and rewarding autonomous jobs for the traditional working sector of the population. As well as providing more than 370 direct jobs on vessels, the Orkney fishing sector supports many inshore activities too. For example the crab processing factory run by The Orkney Fisherman's Society employs around 70 people. A similar factory in Westray provides around 20 jobs. These jobs must be safeguarded now and into the future to maintain the viability and cohesiveness of communities in Orkney.

Noted.

AP125: The Draft Plan, and particularly the Commercial Fisheries policy and/or supporting text, will acknowledge the cultural and commercial significance of the commercial fishing industry to Orkney, Caithness and Sutherland.

AP126: The Commercial Fisheries and Ports and Harbours policy and/or supporting text will establish broad support for development of facilities and infrastructure that support the sustainable growth of the commercial fisheries sector.

AP127: The Sustainable Development policy section will be drafted to ensure the economic benefits of existing economic activity, added value and new development proposals are assessed. Consideration will also be given to developing a policy to assess economic impacts.

Our view is that marine planning has a key role in integrating and managing all legitimate activities in the marine and coastal environment while safeguarding the natural heritage. A central challenge in achieving this is to ensure that the balance arrived at takes account of all such activities, and we would be particularly concerned to ensure that opportunities for informal recreational activities ( e.g. walking, snorkelling, kayaking) are not compromised by the drive for increased commercial use and, where possible, are enhanced through the Plan policies ( e.g. through identification of opportunities to improve coastal and marine access).

Noted. This will be addressed in the Draft Plan. Consideration will be given to having two policies, one each for Tourism and Recreation, that will be developed to ensure that due regard is given to the interests of tourism and recreational users when assessing marine development consent applications. These policies will be developed in partnership with land based planning authorities to ensure a coordinated policy approach is taken. This will aim to ensure that land based facilities ( e.g. changing facilities) at developments such as slipways are supported by terrestrial planning policy.

AP128: Develop separate Tourism and Recreation policies that should support the enhancement of recreational facilities, coastal and marine access.

We consider that fisheries need to be safe guarded against the impacts of marine non native species.

Although there are only two designated bathing beaches in the area (Thurso and Dunnet) there are a number of other small beaches used by both locals and visitors which you may specifically wish to highlight for protection.

AP129: The Non Native invasive Species section in the Draft Plan should consider measures to raise awareness and use of biosecurity measures for all marine users.

AP130: Beaches for recreational use will be identified in the Tourism and Recreation study and these data will be used to inform the Draft Plan.

Scotland has been promoting venture tourism. The area offers great potential for water based adventure tourism in particular surfing (board and kayak). Over these activities are increasing across Scotland.

The PFOW Tourism and Recreation case study and discussion with other stakeholders will identify popular surf breaks and due regard will be given to these features through the implementation of proposed policies for tourism and recreation in future consenting decisions.

Sea kayaking: Scotland has a reputation as a world class destination for sea kayaking. The Pentland Firth and Orkney waters are some of the most challenging in the UK. Guide books have been written (Scottish Sea Kayaking - Fifty Great Sea Kayaking Voyages; the Northern Isles - Orkney & Shetland Sea Kayaking) and new ones to be published highlight trips to be undertaken by visitors to the area. The some of the areas of the Pentland Firth are very challenging and offer challenges to sea kayakers in the same way as mountaineering on some of the world's most challenging mountains.

AP131: Use the guide book information to inform the PFOW Tourism and Recreation case study.

Surfing: The areas around Caithness offer some of the best surfing breaks in the world. Major sporting competitions have taken place in the area including a number of world championships for kayak surfing.

The PFOW Tourism and Recreation case study and discussion with other stakeholders will identify popular surf breaks and due regard will be given to these features through the implementation of the proposed policies for tourism and recreation in future consenting decisions. Data from a number of stakeholders will also be used to inform the Draft Plan.

Yes, Scottish Water strongly believes that existing functional assets and rights to legitimate, licensed activities should be safeguarded

Noted.

See the details in question 2 on Kayaking.

The marine wildlife, fish, shellfish, cetaceans and birds all need their place in the plan.

Noted.

Commercial fisheries are a strong contender for being safeguarded but not saved. This is not to say that they should not evolve with time. Everything changes with time. The experience and knowledge is very important and needs to be passed on.

Noted.

Ferry services are vital. Without them we would see centralisation and the islands they serve would become waste. Air travel cannot take their place. We see this with North Ronaldsay where air travel is fine for the individual but a ferry service is required for the upkeep of the island. This is not to say that we could do without air services. People need to travel for various reasons such as fast medical assistance and communications.

The importance of safeguarding ferry services to and within Orkney will be addressed in a Safeguarding Ferry Services policy and supporting text in the Draft Plan.

Recreation forms a large part of our lives. Some people take it on the sea others on the land. On the sea it certainly develops the mind; it shapes your character; you learn to live in close proximity to others yet you also learn independence. It tests you and you learn to live with the elements. Yes it needs to be safeguarded.

Safeguarding existing recreational activities and developing supporting facilities will be addressed in a safeguarding coastal and marine recreation and a recreation, leisure and tourism developments policy in the Draft Plan.

The commercial fishing industry is a long-standing and established entity in the Orkney Islands and therefore integral to island identity. Fishing provides practical and rewarding autonomous jobs for the traditional working sector of the population. As well as providing more than 370 direct jobs on vessels, the Orkney fishing sector supports many inshore activities too. For example crab processing in Orkney now employs some 120+ people in FTE jobs. These jobs must be safeguarded now and into the future to maintain the viability and cohesiveness of communities in Orkney.

Noted.

AP132: The Draft Plan, and particularly the Commercial Fisheries policy or supporting text, will acknowledge the social, cultural and commercial significance of the commercial fishing industry to Orkney, Caithness and Sutherland.

AP133: The Commercial Fisheries policy or supporting text will establish broad support for development of facilities and infrastructure that support the sustainable growth of the commercial fisheries sector.

AP134: The Sustainable Development policy section will be drafted to ensure the economic benefits of existing economic activity, added value and new development proposals are assessed. Consideration will also be given to developing a policy to assess economic impacts.

Although recreational boating can co-exist with a wide variety of other activities, some protection may well be necessary to safeguard it. The Shipping Study, which builds on the existing RYA UK Coastal Atlas of Recreational Boating, has identified key routes and areas. One key area to be safeguarded would be the inshore route off the west coast of Orkney Mainland. This needs to be adequately wide and well marked.

Noted.

AP135: Spatial data for the movement of recreational vessels from the PFOW Shipping Study will be used to support the tourism and recreation sections

A suitable balance must be achieved between multiple demands on the marine environment and hope that all existing and future marine activities can be accommodated.

Noted.

We appreciate that a suitable balance must be achieved between multiple demands on the marine environment and hope that all existing and future marine activities can be accommodated.

Noted.

We agree that recreational activities should be safeguarded and promoted.

Noted.

This question is difficult to answer at this point in the planning process as the development of the plan, in liaison with stakeholders, will help to define the overarching vision and objectives, setting the priorities for the plan area and ultimately identifying those activities which should be safeguarded.

Noted.

Given the discrete nature of the physical resources in the plan area (in particular for tidal energy), and the clear policy drivers to support the deployment of commercial scale wave and tidal energy development in Scotland, it is our view that key wave and tidal resource within the plan area should be safeguarded to enable future development of these technologies.

AP136: Highlight areas for tidal development in the Draft Plan in relation to proposed policy section on marine renwable developments.

No comments.

N/A

Broadly speaking, all existing marine activities should be safeguarded to a degree. The Plan needs to safeguard these as sectoral interests rather than necessarily providing a high degree of protection to every instance of each activity. On some occasions a balance must be struck between competing uses. Some of the existing activities are also subject of future growth potential ( e.g. marinas) and such potential should be safeguarded within reason, where it would contribute towards the plan's vision and strategy.

Noted.

For the reasons set out above we strongly believe the continued development of marine energy should be safeguarded now and into the future.

Identifying potential areas for marine energy development will be addressed in the Draft Plan.

No comments.

N/A

Question 10, Page 31

Lifeline ferry services should be safeguarded.

The importance of safeguarding ferry services to and within Orkney will be addressed in a Safeguarding Ferry Services policy including lifeline ferry services.

Yes, all listed examples should be safeguarded.

Noted.

Yes

Noted.

Existing fish farming sites, sites that have been granted permission and areas suitable for marine salmon farms should be safeguarded and the plan should have policies that achieve this. The plan should have policies that either identify marine areas where salmon farming will be accepted or, if this is not scientifically or technically possible, have a presumption in favour of salmon farming in all areas other than those specifically identified as areas that are constrained in some way.

Areas suitable for fish farm development are addressed in the Orkney Aquaculture Supplementary Guidance as this guidance supports the statutory local development plan. 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. It is intended that any future RMP should be the appropriate vehicle for aquaculture planning policy. In Highland, locational policy will remain within the LDP and related guidance until such time that national guidance dictates otherwise. The pilot MSP will not replace existing guidance; rather compliment and support sustainable development of the sector.

AP137: The Draft Plan should identify the location of consented fish farms.

(See also the SSPO representations/objections to the Orkney Islands LDP, the Outer Hebrides LDP, the Highland Wide LDP and the Argyll and Bute LDP).

Noted.

Consideration should be given to developing systems or data that can identify marine areas that are suitable for finfish, especially salmon, farming and protect these areas from other forms of development, i.e. develop a system for the marine area for aquaculture similar to the agricultural land classification system. Highland Council has already accepted this principle by including, in the Adopted Highland Wide Local Development Plan, areas suitable for marine aquaculture, alongside forestry, mineral reserves and prime agricultural land, as being resources worth protecting from other forms of development.

Noted. See comment above relating to aquaculture planning policy.

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

Noted.

Comments in Question 19 box.

Noted.

Comments in Question 19 box.

Noted.

Yes to all of these.

Noted.

HIE urge MS to safeguard all current existing marine activities both now and in the future.

Noted.

Comments in Question 19 box.

Noted.

For the SFF, the response to this is the same as for Q8 - The Public Right to fish is on the statute book and this should be safeguarded.

A right (or entitlement) to fish has been developed through common law (or case law) but is not an absolute right and can be subject to statutory restriction. Any development that is likely to have an impact on fishing would require the developer to liaise with fishermen using that area and take their concerns into account. Objections raised would be noted in the recommendations to Ministers to inform their determination decision. Fishermen would have the opportunity to raise issues during the consultation process for developments and, if necessary, a liaison group would be set up to help resolve issues between the developers and fishermen. For the renewables industry there is guidance in place to assist this process: the Fishing Liaison with Offshore and Wet Renewables ( FLOWW) Best Practice Guidelines.