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

I have no comments re these Policies - the Preferred Options suggested for each all look to be eminently sensible.

Noted.

Policy 12: Also needs to include environmental effects of noise / electrical fields from power cables.

AP310: The marine renewable energy policy and electricity infrastructure policy should address noise and disturbance issues and the assessment of potential effects electro-magnetic fields ( EMF).

Policy 13: Safe navigation for small vessels and sailing vessels needs special attention in fast tidal waters. Closing some channels and using alternative routes may increase risk if more exposed. Both construction and O&M need to be considered.

AP311: The operation and safety of shipping and navigation policy, or the supporting text, should highlight the need to assess potential impacts of development and activities ( e.g. O&M) on small vessels through Navigational Risk Assessments.

[Policy 14] Ports and Harbours: Policy needs to include the impact on all harbour users including leisure and tourism. Need to make sure lower income users are not squeezed out in preference for commercial use.

AP312: The ports and harbours policy should address the needs of growth economic sectors, recreational, leisure, tourism and community users.

19: Commercial Fisheries

Section 12.30 suggests that the value of landings into Wick and Orkney in 2012 were £18 billion. We are unsure where this figure came from. The Scottish Government's landing statistics for 2011 put landings for Orkney at £7,580,000 and Scrabster (Wick is not within the plan area anyway) at £32,281,000.

Noted. The reference to £18 billion was a typing error.

Value of landings and employment figures should also have been provided in Section 12.31 to highlight the fishing industry's economic importance. Furthermore, mention should also have been made of the Orkney Fishermen's Society and its role in adding value to fishery products.

AP313: Include landings value, employment figures and added value in either the Commercial Fisheries or contextual/introductory section of the Draft Plan, where appropriate.

We welcome the proposed approach towards presumption against development in spawning and nursery grounds. This would be required for the plan to be consistent with an ecosystem approach.

Support noted.

Alternative: We recommend fisheries policies similar to those expressed in the Shetland Marine Spatial Plan:

AP314: Review Shetland Marine Spatial Plan Policy MSP FISH 1 Safeguarding Fishing Opportunities and to take cognisance of this policy in the drafting of appropriate policy(s) within the Draft Plan.

Safeguarding Fishing Opportunities

All relevant organisations and stakeholders to work with the local fishing community to safeguard future sustainability of the industry and their stocks.

Development proposals will not normally be permitted if they obstruct an important fishing ground. An important fishing ground will be defined by the frequency of use, productivity or community dependence of an area, which has been determined by local fishermen.

AP315: Consider frequency of use, productivity or community dependence of an area in the drafting of Commercial Fisheries policy(s) within the Draft Plan.

Local management of Sustainable Fisheries

Fishermen designed local fisheries management will develop appropriate measures so that fishing is not carried out in ways that damage important habitats and species.

Noted.

Proposed Policy 11: Marine renewable energy

We support the development of offshore renewables as set out in our Marine Renewables Energy Policy statement 04/01 Policy Guidance Note. We recognise the importance that the Pentland Firth and Orkney Waters has with regard to the development of the new marine renewable energy sector. We welcome the development of the Sectoral Plans for offshore wind, wave and tidal and would recommend that these sectoral plans provide the basis for the recognition of sites suitable for offshore energy in the future, within this marine spatial plan framework.

Noted.

We consider the option to set out the material planning considerations for the assessment of applications is appropriate, but we would also recommend that there is a commitment to review any policy on a frequent basis in the early stages of the development of these industries. This will enable good practice and lessons to be learned to be conveyed and communicated to all interested parties in a coherent and timely manner. It should be noted that, in setting out this policy, consideration should be given to the potential for cumulative and in combination effects between and within the marine renewables sector and other interests; this will be of relevance in particular for any suggestions for mitigation.

Noted. It is intended that an adaptive management approach will be set out for the monitoring and review of PFOW MSP. As this is a pilot plan, developed to inform the future regional marine plans for the area, it is likely that the next opportunity for the review policies, and potentially adaption of existing or development of new policies, will be through the drafting of the future statutory regional marine plans for Orkney and for North Coast.

Alternative: We would not support zoning per se as an alternative approach (p. 73). However, the MSP may wish to review the option areas identified within the Sectoral plans for offshore wave, tidal and wind energy developments against the other sectoral interests considered in the Plan and identify where there may be issues of compatibility and or competition. This, along with the (preferred) policy approach of setting out what aspects will be considered as a material planning consideration, may assist developers seeking to identify suitable sites for offshore renewables in the future.

Noted. The identification of existing use including other sectoral interests will be presented within each of the sectoral sections of the Draft Plan. The Marine Renewable Energy policy will highlight how relevant existing use data, potential constraints and sensitivities will be taken into account in consent decisions.

Proposed Policy 12: Electricity infrastructure to support marine renewable energy projects

We support the preferred approach set out in Proposed Policy 12. However, given the similarity of potential impacts on the natural heritage, and other sectors, we recommend that this be combined with policy 18 on development of new telecommunication cables. Consideration of all sub sea cable corridors should be required with respect to any proposed development of new electricity / telecoms etc. infrastructure. We also highlight the need for particular consideration of consequent impacts, including cumulative impacts, in the coastal zone and for effective integration with terrestrial planning to safeguard the natural heritage of the coast.

AP316: The scope of this policy will be expanded to include all energy requirements.

AP317: Consolidate Proposed Policy 12 Electricity infrastructure to support marine renewables with Proposed Policy 18 Development of new telecommunication cables. Include the development of new pipelines and cover all electricity infrastructure in this policy area.

Alternative: Please see above comments

Noted.

Proposed Policy 14: Ports and harbours

With respect to ports and harbours, we would welcome clarification within this policy and supporting information as to the proposed relationship between this Plan and other relevant plans, including the NRIP. While the NRIP is not a statutory development plan it is intended to encourage growth through investment in port and harbour sites favoured by the market and is strongly referenced in the National Planning Framework. It therefore has strong influence on decision making with respect to ports and harbours developments in PFOW and beyond. We would as a minimum anticipate clear cross-referencing between the SEA for this Plan and that for the NRIP.

The Draft Plan will set out the relation of the PFOW MSP to NPF3 and NRIP.

At a project level, the consenting mechanism of port and harbour works can vary depending on what the applicant wants to do. Any individual proposal can involve one or all of three main consenting mechanisms, namely: 1) Town and Country Planning, 2) Harbour Empowerment Orders or Harbour Revision Orders, and 3) Marine Licences. The development of this Plan provides an important opportunity for decision making to be done in a joined up fashion between the marine and land planning systems and we would welcome a clear statement of intent on this policy to attain such a joined up approach. This can be facilitated, for example, by requiring developers to prepare environmental impact assessments that cover all the required (terrestrial and marine) consenting mechanisms in a single document.

AP318: Clear state the intention for the PFOW MSP to support joined up and consistent decision making within the 'How to Use the Plan' section of the Draft Plan.

AP319: Explain how developments that cross the intertidal zone will be expected to be addressed EIAs within the Draft Plan.

We support the identification within the Plan of slipways and assessment of their usage but consider that this should include consideration of informal recreation as well as commercial use.

Noted.

Alternative: We note the proposed alternative approach of developing fine scale planning around key ports to manage potential congestion in surrounding waters. We would be supportive of this where there was evidence of unresolved conflicts between users/wider interests (including natural heritage) but would see this as an additional element to more strategic policies rather than an alternative policy approach.

Noted.

Proposed Policy 19: Commercial Fisheries

We suggest that there appears to be scope for further involvement of fisheries policy staff in Marine Scotland in the development of fisheries policies in this Plan, to ensure appropriate integration of Scottish Government policy goals in relation to fishing and other sectors, such as renewables, within the Plan area.

Noted.

In particular, the role of Inshore Fisheries Groups (or equivalent structures) should be reflected in this Plan and there should be cross-referencing, through iterative development of fisheries policies, between marine plans and relevant IFG management plans.

AP320: Liaise with Orkney Sustainable Fisheries Orkney Fisheries Association and fisheries interests in Caithness and Sutherland to insure appropriate integration of Draft Plan policies and fisheries management initiatives in PFOW.

A particular opportunity for the Plan is to consider the implications for other interests (including. PMFs) of any potential displacement of fisheries ( e.g. by marine renewables) from currently used areas.

Noted. The displacement of fishing activity, and the assessment of potential effects, will be addressed in the Draft Plan Commercial Fisheries policy.

As outlined in our response to Q14 (above), a key strategic issue for both IFG management plans and marine spatial plans is the need to reflect fisheries interactions (positive or negative) with existing or future MPAs and European marine sites ( SPAs and SACs).

AP321: Consider the effect of activities ( e.g. fishing, shipping etc) on designation nature conservation sites within the relevant policy sections.

We support the need identified in this paper to gather spatial information on fisheries activity and on locations of spawning grounds for commercially important species. However, we consider that safeguard of spawning grounds should be part of the preferred policy option, rather than an alternative to it.

AP322: Consider the use of available spawning grounds data within Commercial Fisheries policy(s) in the Draft Plan.

Alternative: Please see above

Noted.

Proposed Policy 20: Aquaculture

Preferred Option

We support the proposal for the Plan to utilise existing plans and policies as the basis for encouraging sustainable aquaculture development. However, some additional considerations might be taken in to account that have not been considered in previous plans and policies. For example, as far as we are aware, the plans and policies referenced in preferred option do not currently consider Priority Marine Features and Marine Protected Areas and we would advise that these should be considered in relation to aquaculture within this Plan.

The crosscutting (General Policies) will address issues in relating to PMFs and MPAs.

Alternative Approaches

Future offshore development: as far as we are aware the technologies required to locate aquaculture developments beyond the 3 nautical mile limit are unlikely to be developed within the foreseeable future.

Noted.

Commercial seaweed cultivation: the commercial cultivation of macroalgae is an emerging industry and considerable interest in the area has been expressed. As such it is likely that this industry will expand considerably in the foreseeable future. The Scottish Government is currently in the process of developing a national Seaweed Policy Statement ( SPS) and accompanying Strategic Environmental Assessment ( SEA) to support the sustainable development of this industry. It seems likely that this overarching national policy will provide a basis on which to develop a more detailed policy within the Plan. Both the SPS and SEA are expected to go out to consultation shortly.

Noted.

As indicated in our response to Q14, within the aquaculture policy we would also recommend specific consideration of harvesting of (uncultivated) seaweeds as there is current interest in possible future commercial harvesting within the Plan area. We can provide additional advice on associated natural heritage considerations as you take forward development of policies on this topic.

AP323: Seaweed harvesting will be addressed in the aquaculture section of the Draft Plan .

Alternative: Please see comments above

Noted.

Proposed Policy 21: Tourism and recreation

We would like to see any policy developed in this area give greater weight to the importance of informal opportunities for recreational access to the sea and coast for the benefit of both local residents and visitors, irrespective of the potential commercial value of such activities. This links to our suggestion that safeguard of quality of life for residents and visitors should be a core principle within the Plan.

AP324: Make sure that informal recreational opportunities are given appropriate weight within the coastal and marine reaction policy.

AP325: A policy section safeguarding well-being and quality of life for coastal communities will be developed within the Draft Plan.

Alternative: Please see comments above

AP326: A Quality of Life / Well Being policy section will be developed in the Draft Plan.

Proposed Policies 11, 12, 14, 15 and 18

We support the proposed preferred options.

Noted.

Alternatives: No.

Noted.

Proposed Policy 16: Marine Aggregates and Dredging

We are supportive of the preferred option however we suggest that consideration is given to developing both the preferred option and the option currently suggested as an alternative; we suggest these could be complementary approaches.

AP327: A dredging and disposal policy will be developed in the Ports And Harbours section of the plan. A complementary but separate marine aggregates policy will be developed in the Draft Plan.

Alternatives: No.

Noted.

Proposed Policy 17: Development of Coastal Protection and Flood Defence Infrastructure

We support the proposed approach but highlight the requirement for any subsequent policy to ensure that any protection or flood defence works do not result in additional flood risk elsewhere.

AP328: Ensure that the Development of Coastal Protection and Flood Defence Infrastructure policy addresses potential effects on flood risk elsewhere.

Alternatives: No.

Noted.

Proposed Policy 19: Commercial Fisheries

Commercial fishermen are amongst the longest established users of the water environment in the area of the pilot. This use can generally be considered sustainable and supports a considerable number of downstream jobs in the wider economy. It is important that the interests of this sector are protected while the opportunities for others are considered and developed.

Noted. The commercial fisheries policy in the Draft Plan will aim to safeguard the interests of the fishing industry.

It is often the case in such circumstances that fishermen are reluctant to share precise details of areas of interests - understandably because this may alert other fishermen to those opportunities. The proposed approach where the requirements of fishermen are collected through a number of different routes will be useful in protecting their interests but it is perhaps questionable how useful they will be in gathering information about the inshore crustacean fisheries - a very important component of both the Orkney economy and the fishery sector in the islands. It is not clear which further engagement routes would be available to yield useful outputs and this may require further consideration.

Noted.

The protection of spawning grounds of any population of fish or shellfish is fundamental to the survival of the species and therefore serious consideration should be given to the alternative approach in connection with these receptors where further development is excluded from such areas. This should especially be the case if they represent a significant or important local or national area for the reproduction of any individual species or group of species.

AP329: Consider the use of available spawning grounds data within Commercial Fisheries policy(s) in the Draft Plan.

Alternatives: No.

Proposed Policy 20: Aquaculture

We agree with the proposed preferred option but highlight the need for the Plan to refer to the related local development plan polices and spatial strategies.

Noted.

We consider that if there is any likelihood of commercial cultivation or extraction of seaweed within the plan area then the Plan should address this issue. The Scottish Government and Marine Scotland are currently in the process of producing a policy statement on seaweed farming, this should also be highlighted in the Plan.

AP330: Address commercial cultivation / extraction of seaweed in the Aquaculture section of the Draft Plan.

The Paper discusses the potential for aquaculture sites to be developed further offshore in the future. While it is not possible to state with certainty that such developments will not occur, we suggest that the probability is quite low for waters around Orkney. This is especially the case given the exposure and wind environment of the area making the development of such sites challenging in an engineering context.

Noted.

There has been some discussion around this issue within Orkney and nationally, for example the potential for aquaculture sites developing in conjunction with renewables - amongst the turbine towers at an offshore wind site. Synergies may not exist and there may be strong practical reasons why such developments will not be prudent. Thus while it is possible that aquaculture sites - most probably for finfish - could develop beyond 3 nautical miles the likelihood is low and the need for detailed examination of such developments within the Plan is limited.

Noted.

Alternatives: No.

Noted.

No comments.

18 Development of new telecommunication cables

We note the proposal to encourage the use of existing pipeline corridors for colocation.

Noted.

We would wish to be consulted further on this proposal where our assets may be affected as there would be a requirement to look at each proposal on a case by case basis

Alternatives: Scottish Water has no comment

AP331: Consider the need for developers to consult Scottish Water on pipeline and cable proposals that could potentially affect Scottish Water assets within the electricity and telecommunications infrastructure and oil and gas exploration and development policies in the Draft Plan.

Tourism and Recreation

The importance of the marine areas under discussion here must not be underestimated, both for the quality of life in the area, and for potential tourist industry development.

AP332: A Quality of Life / Well Being guiding principle and policy will be developed in the Draft Plan.

Proposed Policy 11: Marine Renewable Energy

Preferred Option:

It is proposed that the sustainable growth of marine renewable energy and the potential for co-existence with existing marine users is a key objective of the pilot marine spatial plan. This approach would be supported by identifying where there is current use of the marine area by existing economic sectors and other users and provide information to better understand the nature of this use.

Direct quote from PIOP.

A policy(s) will be developed to facilitate sustainable development of the marine renewable energy sector, working in partnership with wider stakeholders and other marine users. This policy would set out the material planning considerations that will be reconciled in the determination of a consent application and will set out how the interests of other marine users will be balanced in the decision making process. This policy would aim to avoid or minimise significant adverse effects on other economic sectors and marine users. Where appropriate, the policy would enable appropriate mitigation plans to be developed to address any potential adverse effects.

Direct quote from PIOP.

The following is to identify the nature of recreational sailing in the PFOW Pilot plan in order to achieve a better understanding.

Sailing can be split into two sections:-

1. That which is mainly based in local areas and takes place in daylight hours such as dinghy sailing and in this pilot area Orkney Yoles

2. That which takes place round the clock and mainly concerns passage making and tourism.

It is with this latter group with which the spatial plan will have most concern.

AP333: This helpful information will be considered when drafting the safeguarding coastal and marine recreation policy in the Draft Plan.

There are over 600 visiting yachts per year registering with Orkney Marinas. On top of this there are local boats plus the ones that prefer not to use marinas. In all this will account to over 2500 people arriving by sea every year mainly during the summer months. The nationalities of these people and their boats are world wide with the preponderance being UK and Europe.

Noted. This provides useful information for the contextual information in the Recreation, leisure and tourism section of the Draft Plan.

The marinas are generally used as a base with the boats cruising around the islands anchoring in various anchorages. Their crews will visit places of interest and most likely eat ashore. In this way they benefit the local economies.

Noted.

The Anatec Halcrow report Shipping Study of the Pentland Firth and Orkney Waters gives an indication of the sailing routes around the area as depicted by AIS. This is only approximately 17% of the total number of craft. As one would expect routes converge as they come close to land. Fig 8.16 etc showing lane boundaries (an estimated quantity) gives a good idea of approach and departure routes.

Noted. The data within the Anatec Halcrow report Shipping Study of the Pentland Firth and Orkney Waters will support the appropriate policies in the Draft Plan e.g. The operation and safety of shipping and navigation policy.

It is not possible to regulate routes over open water for recreational craft as it is for commercial vessels due to the following:-

1. The purpose of sailing ie tourism, various interests, challenges.

2. The distance to the horizon from the cockpit of a small craft is only around 3 miles and that is in good visibility.

3. Poor visibility

4. Forces of wind, wave and tide make it so that the course made good may vary by at least 5 degrees on either side of the required course.

5. Navigation aids on board may not be strictly accurate or not working due to weather/sea conditions.

6. Poor weather.

7. Visual navigation aids not being clear especially when the only chance of seeing them is when you are on the crest of a wave. This can happen when modern lights such as light houses only appear to give a pin prick of light from a distance. With the old fashion lights you could generally see the loom even if in a trough.

8. Human failures such as tiredness, sea sickness, cold and wet.

9. Gear failure.

This is useful information. The Draft Plan will not regulate routes for recreational vessels.

As mitigation for the above the following need to be observed

Energy Act 2004 99 and 100 including 36B

UNCLOS Sect 60

MCA Guidance Notes MGN275, MGN371, MGN372

IALA Recommendation 0-139

AP334: Consider the implications of the Energy Act 2004 99 and 100 including 36B, UNCLOS Sect 60, MCA Guidance Notes MGN275, MGN371, MGN372 and IALA Recommendation 0-139 in the development of Operation and safety of shipping and navigation, and safeguarding coastal and marine recreation policies in the Draft Plan.

C) Shipping, Navigation and Marine Safety

With a possible proliferation of wave and tidal generators, 66 in the Marwick Head proposal bringing about a high density of units in a small area, there is almost bound to be a risk of a vessel ending up amongst them in poor weather.

The safety issues for vessels will be addressed in the operation and safety of shipping and navigation policy in the Draft Plan.

Spacing of the units should be such that there is always an escape route. Although units would generally be far enough apart for maintenance purposes this would only take place in good weather. In poor weather including fog these distances would need to be greater especially if the RNLI lifeboat is called out.

The safety issues for vessels will be addressed in the operation and safety of shipping and navigation policy in the Draft Plan.

Normally when approaching land under poor conditions you use your depth sounder to indicate the approach of shallow water and match it to the chart. This is not possible where renewables are taken into account as except for the "Oyster" they are in relatively deep water, over 50m. Satellite navigation, if it has not been degraded, may be used if your paper/electronic charts are up to date but in many cases this may not be the case.

Noted. The safety issues for vessels will be addressed in the operation and safety of shipping and navigation policy in the Draft Plan.

There is much to be discussed as regards the safety of the mariner especially in the case of approaching Orkney from Cape Wrath and the need to avoid the wave renewables. For example when a vessel is approaching Orkney from the west, and according to AIS there can be many courses being sailed, in foul weather how does the skipper or helmsman know when he is approaching an area covered by renewables.

The safety issues for vessels will be addressed in the operation and safety of shipping and navigation policy and the marine renewable energy - offshore wind, wave and tidal policy in the Draft Plan.

On Radio Scotland this morning, 17th July, there was discussion concerning the reliability of satellite navigation and the need for back-up. I discussed this with the Captain of the MV Fram and he said that they use LORAN-C or the old fashioned plotting and dead reckoning. This is a ship that cruises the Arctic and Antarctic.

Noted.

There is a great need to improve communications and disseminate relevant information to all users above and beyond Admiralty Notices.

Noted.

You might have got the wrong International Regulation in Item 12.12 of the Consultation Paper. SOLAS, I think, is mainly concerned with the safety of ships in the manner of design, construction, fitting out, safety equipment etc. In the context of this case it should be UNCLOS Part V and may be specifically Article 60 concerning man made structures in the sea. The Spatial Plan does not have any control on the design, construction or operation of ships but it does have control on the installation of man made structures which will have affect on the safety on ships.

AP335: Consider the implications of UNCLOS Part V (specifically Article 60) when drafting the operation and safety of shipping and navigation policy, and other relevant policies, in the Draft Plan.

Proposed Policy 20: Aquaculture

Finfish farming as well as being a high money earner creates various ecological and social problems.

1. It is a high pollutant of the seabed and surrounding water. Cages are often sited in areas where there is very little water movement thus exacerbating the problem eg Swanbister Bay, Scapa Flow.

2. There is a high possibility that disease in the stock causes infections in wild fish.

3. The equipment for servicing the fish farms creates marine litter and diesel engine pollution of the atmosphere.

4. Cages are often sited in bays of natural beauty which would previously have been used as anchorages eg Pegal Bay and Lyrawa Bay in Scapa Flow.

5. Cages have also been sited in safe havens thus precluding them from their natural purpose eg Hunda Sound.

Noted. Detailed local planning policies issues for aquaculture are currently addressed in Local Development Plans and associated supplementary guidance.

To overcome the above Closed Containment Systems such as from "Fishfrom" should be considered. These systems are contained onshore and have no connection with the open sea. Energy for running these systems would come from renewables. See Fishfrom.com as regards their Scottish establishment in Kintyre.

Noted.

The gathering of seaweed for commercial purposes used to take place in Orkney. I note that in Feb 89 approval was given to Kelp Farms Ltd, 73 Meadow Lane Leeds, LS11 5DW for the cultivation of 7.75 hectares of kelp at Scat Wick, Flotta. I cannot remember this taking place.

Noted.

19: Commercial Fisheries

Section 12.30 suggests that the value of landings into Wick and Orkney in 2012 were £18 billion. We are unsure where this figure came from. The Scottish Government's landing statistics for 2011 put landings for Orkney at £7,580,000 and Scrabster (Wick is not within the plan area anyway) at £32,281,000.

Noted. This will be corrected and addressed in the Draft Plan.

Value of landings and employment figures should also have been provided in Section 12.31 to highlight the fishing industry's economic importance. Furthermore, mention should also have been made of the Orkney Fishermen's Society and its role in adding value to fishery products.

Noted. The economic importance of the fishing industry will be addressed in the Draft Plan.

We welcome the proposed approach towards presumption against development in spawning and nursery grounds. This would be required for the plan to be consistent with an ecosystem approach.

AP336: Consider the use of available spawning grounds data within the Commercial Fisheries policy(s) in the Draft Plan.

Alternatives: We recommend fisheries policies similar to those expressed in the Shetland Marine Spatial Plan:

AP337: Review Shetland Marine Spatial Plan Policy MSP FISH 1 Safeguarding Fishing Opportunities and to take cognisance of this policy in the drafting of appropriate policy(s) within the Draft Plan.

Safeguarding Fishing Opportunities

All relevant organisations and stakeholders to work with the local fishing community to safeguard future sustainability of the industry and their stocks.

AP338: Review Shetland Marine Spatial Plan Policy MSP FISH 1 Safeguarding Fishing Opportunities and to take cognisance of this policy in the drafting of appropriate policy(s) within the Draft Plan.

Development proposals will not normally be permitted if they obstruct an important fishing ground. An important fishing ground will be defined by the frequency of use, productivity or community dependence of an area, which has been determined by local fishermen.

AP339: Review Shetland Marine Spatial Plan Policy MSP FISH 1 Safeguarding Fishing Opportunities and to take cognisance of this policy in the drafting of appropriate policy(s) within the Draft Plan.

Local management of Sustainable Fisheries

Fishermen designed local fisheries management will develop appropriate measures so that fishing is not carried out in ways that damage important habitats and species.

AP340: Review Shetland Marine Spatial Plan Policy MSP FISH 1 Safeguarding Fishing Opportunities and to take cognisance of this policy in the drafting of appropriate policy(s) within the Draft Plan.

Policy 11 Marine Renewable Energy

We support the first paragraph of the preferred option. However, we feel that the second paragraph is open to interpretation in relation to the wording 'minimising significant adverse effects'. We would prefer the wording to reflect that all adverse effects on other stakeholders, whether financial or in relation to safety, will be addressed. Furthermore, the last sentence of this paragraph reads 'Where appropriate, the policy would enable appropriate mitigation plans to be developed…'; in our view it is essential that the policy must do this and we seek reassurance that the policy wording can be altered to reflect this. The policy needs to be consistent with the Plan for Wind, Wave and Tidal Renewable energy, which will be shortly out for consultation, and with existing licensing procedures as well as international treaty obligations.

However, while supporting the preferred option, it is important to recognise that some activities are simply incompatible with some areas. Zoning in some areas is thus an interesting alternative approach that is not without its merits. Indeed the consultation document has already raised the possibility of safeguarding some activities. The RYA has produced position papers in relation to offshore wind, wave and tidal renewable installations which provide more detail on these points; the papers are available to download from this link

http://www.rya.org.uk/infoadvice/planningenvironment/offshorewindenergy/Pages/OffshoreEnergyDevelopments.aspx

Alternatives: No

Noted. The draft Plan will be consistent with existing and emerging SG legislation and guidance on marine spatial planning.

Policy 13 Shipping, navigation and marine safety

All navigational traffic should be considered under such policies. We thus suggest changing the wording so that instead of '…..potential effect of development on existing and future use of the marine area for shipping….' it reads '….potential effect of development on existing and future use of the marine area for commercial shipping and recreational vessel activity…'. The preferred option should make explicit reference to marine safety as this is an increasingly important issue due to increased risk to mariners from the proliferation of offshore developments.

Alternatives: No

AP341: The sections on marine transport will be clear that it covers all marine traffic and safety of shipping and navigation will be have supporting policies.

Policy 14 Ports and harbours

We welcome paragraph 12.21. It will be important to emphasise the need to consider other activities and uses than offshore renewables throughout any development planning so they do not become an afterthought or add on, or opportunities for synergistic developments are lost. Numerous references are made throughout the report to the importance of other activities from an economic and societal point of view and this should be reflected across the policies as appropriate. For example, some slipways and piers are small but provide an important facility for small boats; there is a danger that they are overlooked and deprived of the maintenance necessary to prevent storm damage.

Alternatives: No

Noted.

AP342: These comments will be taken into account when drafting the Ports and Harbours section.

Policy 20 Aquaculture

The policy should be consistent with the relevant parts of the Scottish Planning Policy. The RYA has produced a position paper on aquaculture that shows how fish farming and recreational boating can coexist. However, recreational boating has already lost some sites to aquaculture in the PFOW area. Cages are often sited in bays of natural beauty which would previously have been used as anchorages, e.g. Pegal Bay and Lyrawa Bay in Scapa Flow. Cages have also been sited in anchorages, such as Hunda Sound, thus precluding them from their use as a refuge in case of adverse weather.

Noted.

The plan should take account of all possible uses of the sea. Seaweed used to be gathered in Orkney and there are plans for commercial seaweed cultivation in other parts of Scotland. The RYA position paper on aquaculture includes seaweed farming. As a matter of principle we think that unless there are compelling arguments for an activity being impossible in PFOW, there should be a catch-all policy to take account of unexpected developments.

Alternatives: No

The sustainable development section of the Draft Plan will consider all activities.

Policy 21 Tourism and recreation

We strongly support this policy.

Alternatives: No

Noted.

Proposed Policy 21.

We believe that Tourism and Recreation should have separate policies. (See comment in Q.1 and Q.4).

AP343: Develop separate tourism and recreation policy sections.

Proposed Policy 21.

We believe that Tourism and Recreation should have separate policies. (See comment in Q.4).

AP344: Develop separate tourism and recreation policy sections.

PP21 tourism and recreation

We are pleased to note the reference to the health and social benefits of recreation as well as their economic.

AP345: A Quality of Life / Well Being policy section will be developed in the Draft Plan.

In addition to identifying important sites and areas for recreation it will be important to understand the qualities that are integral to participation and are valued by participants. This will include things like the type and quality of waves, the lack of noise pollution, clean unpolluted water, the quality of the landscape etc. Impacts on recreation are about impacts that physically prevent the activity taking place but are also about impacts that negatively affect the quality of the experience. Both should be protected by policy.

A tourism and recreation study will be carried out to provide detailed information to inform the Draft Plan.

It would be useful as part of the work that is being carried out to assess the recreational resource of the area to determine how important a site is for an activity. Thurso East or the Scapa Flow wrecks for example are internationally important and perhaps merit stronger policy protection than other resources in the area.

Noted.

We strongly support the positive approach advocated to land based facility development supporting recreational use of the marine environment.

We shall be developing separate tourism and recreation sectors that will take account of the comments made.

It will be important for policy in this sector to draw out the qualities that are important from a tourism perspective and those which are important from a sport and recreation perspective. We recognise that the two sectors are linked but they are also different and policy needs to be clear what a resource is being protected for. Thurso East for example is fundamentally important because of the quality, reliability and accessibility of the wave. It is also important because it attracts national and international events and brings people from all over the world to surf it, contributing significantly to the local economy. These are two distinct values that it is important to distinguish between in policy. As an additional example, there may be some remote and challenging coastal rock climbs in the area which are only used by a small number of people. These may be strategically important for the sport but of little value as a tourism resource. Policy needs to be clear what it is that is being protected.

A tourism and recreation case study on the PFOW is being undertaken to inform the Draft Plan, highlighting our commitment to ensuring the plan-making process is based on the most up to date sound evidence wherever possible.

We would like to see tourism and recreation policy put at the start rather than the end of the plan. There is always a concern that this sector is not taken as seriously as other sectors and for it to appear at the end of the list of sectors only serves to augment these fears. Putting this policy area up front in the plan sends a clear message that the sector is key.

AP346: The policy sections will be ordered to reflect the order of policy in the national marine plan.

In terms of identifying the key sites and areas, sportscotland requests to be involved in this process. It would be very useful to know what criteria are being used to identify and quantify what sites are important and whether a hierarchy of sites is being developed.

Noted.

We are concerned by the use of the term due regard in para 1 of the preferred option. While we appreciate this is not the policy wording we would be concerned if a term like due regard was used in the final policy. Due regard is ambiguous and potentially weak and we would look for much stronger wording stating development etc will be refused where etc.

Noted.

As well as existing facilities and areas and routes important for recreation, it will be important for policy to protect opportunities for expansion and future development in the sector.

Any individual would have to conform to both the Plan and existing legislation and guidance. If negative impacts were considered insurmountable it would not be permitted.

PP11 - Marine renewables

We note that this sections talks of mitigation and avoidance and minimisation of impacts. It is important for policy to be clear that there may be impacts that cannot be avoided or mitigated against and that in some circumstances renewable development should just not be allowed.

The section on safety will be clear that it covers all marine users.

PP13 - safety

Safety is a key concern for recreation interests and the safety of recreational users should be integral to policy in this area. Safety may be about more than impacts on navigation and could include e.g. impacts of water pollution on the safety of other users or that development could force recreational users into less safe areas to do their activity, or that development impacts on coastal processes to make participation in an activity more dangerous.

AP347: These comments will be taken into account when drafting the Plan.

PP14 - Ports and Harbours

It is important to add sport and recreation to the list of sectors that the development of this resource will be important to and that recreation is fully taken into account in the integration of different users of this resource.

Proposed Policy 11: Marine renewable energy

The PFOW area is rich in wave and tidal resources and will play a key role in the development of commercial scale wave and tidal energy projects, the success of which will form the cornerstone of the growth of the wave and tidal industry in Scotland. In addition, the area is of exceptional environmental quality and is an important area for fisheries, aquaculture, shipping, recreation and tourism. Therefore it is important that the plan facilitates the development of wave and tidal technologies whilst also ensuring due consideration of environmental factors and other users of the sea.

The Draft Plan Guiding Principles, Vision, Aims, Objectives and Policies will support the stated approach.

Given the advanced stage of the twelve wave and tidal projects with Agreements for Lease with The Crown Estate, we welcome the proposal in the supporting text to consider these developments as 'planned developments at the licensing stage'.

Noted.

In terms of future marine renewable energy development, we support reference to the Sectoral Plans for wave and tidal energy development which are currently being developed by Marine Scotland. It would be useful for the plan to set out how the Sectoral Plans will be used to inform development within the PFOW area.

AP348: Explain the relationship between the Sectoral Plans and the PFOW MSP in the Draft Plan marine renewable energy section.

We welcome the general approach of the preferred option set out in the report. However, the text could be expanded to provide further clarity. We suggest the following:

The wording of the Proposed Policy 11 'Preferred Option' is not intended to be an exact wording for the Draft Plan policy.

It is proposed that the sustainable growth of marine renewable energy and the potential for co-existence with existing marine users is a key objective of the pilot marine spatial plan. This approach would be supported by identifying where there is current use of the marine area by existing economic sectors and other users and provide information to better understand the nature of this use.

A policy(s) will be developed to facilitate sustainable development of the marine renewable energy sector, working in partnership with wider stakeholders and other marine users. This policy would set out the material planning considerations that will reconciled inform the determination of consent applications and will set out how the interests of other marine users will be addressed balanced in the decision making process. This policy would aim to avoid or minimise significant adverse effects on other economic sectors, and marine users and the environment . Where appropriate, the policy would enable appropriate mitigation plans to be developed to address any potential significant adverse effects.

AP349: Take cognisance of suggested text changes in the Draft Plan policy for marine renewable energy.

P roposed Policy 12: Electricity infrastructure to support marine renewable energy projects

We welcome recognition of the need for onshore infrastructure for offshore renewable energy developments in the PFOW area and enhancements to the grid infrastructure connecting Orkney to mainland Scotland as a Proposed National Development within the National Planning Framework 3 Main Issues Report and Draft Framework. However, it is our understanding that while onshore infrastructure includes electricity infrastructure, it may also include other infrastructure required for the successful delivery of projects.

Noted.

In terms of the preferred approach, we suggest the proposed policy is reworded:

The wording of the Proposed Policy 12 'Preferred Option' is not intended to be an exact wording for the Draft Plan policy.

It is proposed that a policy is developed within the pilot marine spatial plan that enables significant direct, indirect or cumulative effects on the environmental receptors and marine and coastal users to be assessed and, where appropriate, identify require appropriate mitigation measures.

AP350: Take cognisance of suggested text changes in the Draft Plan policy for marine renewable energy.

We note the intention where physically and technically feasible to route new export cables in pre-defined cable corridors determined from the location of existing cable infrastructure. While the designation of cable corridors could limit the number of cable landfall points on the coastline and limit potential impacts for other seabed users, it could also present technical challenges for existing cable operators. The routing of new infrastructure on or within close proximity to existing cables can compromise the ability of existing operators to effectively maintain and access their infrastructure and these restrictions should be considered when assessing the overall benefit of directing cables to predefined corridors.

Noted. It is not the intention to designate cable corridors in the Draft Plan. It is proposed that the Draft Plan will identify the location of existing cables, and where physically and technically possible, proposed new cables will be encouraged to follow existing cable routes.

We anticipate that the submarine cables sector is likely to voice concerns on the implications of cable corridors, the benefit they can offer for the cable sector and the ability of the marine planning authorities to implement such a framework. However, we appreciate and support the approach generally and suggest that close working and consultation with industry will be required to ensure such an approach is a success. We are very willing to work with Marine Scotland to explore the development of such an approach.

Noted. It is not the intention to designate cable corridors in the Draft Plan. It is proposed that the Draft Plan will identify the location of existing cables, and where physically and technically possible, proposed new cables will be encouraged to follow existing cable routes.

The ability of offshore renewable energy developers to route infrastructure to predefined corridors should also be considered. As noted above, in March 2012, The Crown Estate commissioned a desktop study which identified, reviewed and assessed the factors affecting the routeing and spacing of transmission cables for offshore wind farms. The findings, conclusions and recommendations from the study form the basis of our report and are available to download from our website: http://www.thecrownestate.co.uk/energy-infrastructure/cables-and-pipelines/studies-and-guidance/cable-routing-and-spacing-study/.

AP351: Consider these studies when drafting the relevant policies in the Draft Plan.

Although the project specifically related to offshore wind, many of the principles and technical issues discussed in the report are relevant to other forms of offshore renewable energy generation.

Noted.

Proposed Policy 13: Shipping, Navigation and Marine Safety

We support the proposal to develop a policy to support the assessment of the potential effect of development on existing and future use of the marine area for shipping and navigation giving due regard to identified navigation routes. We also refer to the Strategic Area Navigation Appraisal Project ( SANAP:) currently being undertaken by consultants Anatec on behalf of The Crown Estate, in conjunction with a working group which includes key stakeholders such as Marine Scotland, NLB and MCA. A discussion paper summarising the key shipping and navigational issues related to wave and tidal energy in the PFOW is due in early autumn 2013 and we are happy to provide further information on this project to assist the development of this policy.

Noted.

Proposed Policy 14: Ports and harbours

We support the proposal to develop a policy which identifies the sustainable growth of identified ports and harbours as one of the key objectives of the plan.

Noted.

Proposed Policy 15: Oil and Gas

No comment.

N/A

Proposed Policy 16: Marine aggregates and dredging

The preferred policy option relates specifically to dredging activities for port and harbour operations but does not propose a policy option of aggregate activities. Therefore, we suggest the proposed policy is expanded to include reference to aggregates activities

AP352: A separate policy will be developed for Dredging and Disposal, and Marine Aggregates.

The British Geological Survey, on behalf of The Crown Estate, is nearing completion of a resource mapping project to spatially map sand and gravel resource on the UK continental shelf ³. This project has been specifically designed for use by planning authorities and provides a comprehensive assessment of sand and gravel resource opportunity offshore; consistent with the principles of safeguarding. This has the potential to be a useful data resource when developing the plan and once the data is available, we will share this for the plan area.

^{3 As an example of the expected outputs, a link to the first stage report for the east of England can be found on our website here:
http://www.thecrownestate.co.uk/media/340963/BGS%20east%20coast%20report.pdf}

AP353: This study will be used to inform the preparation of a marine aggregates policy in the Draft Plan.

Proposed Policy 17: Development of coastal protection and flood defence infrastructure

No comment.

N/A

Proposed Policy 18: Development of new telecommunication cables

No comment.

Proposed Policy 19: Commercial fisheries

No comment.

N/A

Proposed Policy 20: Aquaculture

The proposed approach is not to set out a new regional planning policy framework for aquaculture as this is a statutory responsibility of the terrestrial planning regime (out to 3 nautical miles). However, we would like to see the plan support sustainable growth of the aquaculture industry by encouraging Local Planning Authorities to adopt a 'planning for business' approach to aquaculture development, considering at a strategic level where the most viable areas are for the nature and scale of developments industry requires, and how these can be best supported whilst ensuring environmental, social and economic objectives are met.

The Draft Plan will support the sustainable growth of aquaculture. The spatial strategy for aquaculture is set out in the relevant supplementary guidance.

Proposed Policy 21: Tourism and recreation

No comment.

N/A

No comments.

N/A

Proposed Policy 12: Electricity infrastructure to support marine renewable energy projects

This policy should relate to electricity infrastructure to support not only marine renewable energy projects but all energy requirements.

Alternatives: No

AP354: The scope of this policy will be expanded to include all energy requirements.

Proposed Policy 14: Ports and harbours

Paragraph 12.18 should make reference to the recent agreement to build an Oil Supply base at Scrabster to service the west of Shetland business.

AP355: Make reference oil supply base at Scrabster in Ports and Harbours section of the Draft Plan.

Paragraph 12.19 recognises that, although it is outwith the Plan area, Wick Harbour supports activities in the Plan area. The Plan should also acknowledge that there are other facilities and service bases outwith the Plan area that could help to support activities in the Plan area, e.g. Subsea 7 (Wester, Caithness) and Nigg Yard (Easter Ross). Ongoing National Renewables Infrastructure Plan ( NRIP) work is providing information on the potential role(s) of the facilities and service bases.

AP356: Make reference Subsea 7 (Wester, Caithness) and Nigg Yard (Easter Ross) in the Draft Plan, where appropriate.

Alternatives: No

Proposed Policy 15: Oil and Gas

There should be reference to the recent agreement to build an Oil Supply base at Scrabster. Also, the policy should note the use of Wick John O'Groats airport as an emerging transport hub for oil workers and ship crews.

Alternatives: No

AP357: Make reference oil supply base at Scrabster in the Draft Plan, where appropriate.

Proposed Policy 16: Marine aggregates and dredging

Paragraph 12.25 indicates that there is currently no identified development pressure for the extraction of marine aggregates in the Pentland Firth and Orkney Waters. Nevertheless, need could arise in the future, particularly bearing in mind the number and size of construction projects that could occur in the area in coming years. Clearly any proposals for extraction would need to be considered carefully in terms of their likely impacts. The Council's support for the preferred option is on the understanding that it would not preclude appropriate marine aggregate extraction in the Plan area.

Alternatives: No

AP358: Following the consideration of the responses to the Planning Issues and Options Paper, a marine aggregates policy will be developed in the Draft Plan.

Proposed Policy 21: Tourism and recreation

In terms of both the safeguarding of tourism and recreation interests and the consideration of proposals for tourism and recreation development, the Plan policy should address both land-based coastal interests/proposals and those that are marine-based.

Alternatives: No

Noted. The PFOW tourism and recreation study will consider land based coastal interests/proposals to inform a separate recreation policy within the Draft Plan.

Proposed Policy 11: Marine Renewable Energy

We are pleased to see the plan will develop policies to 'facilitate sustainable development of the marine renewable energy sector'. However, the relationship between the plan, the role of MS LOT existing licensing guidance is unclear. The plan must be very clear about its relationship with the existing licensing regime which is carried out by the Marine Scotland Licensing and Operations Team on behalf of Scottish Ministers who are the ultimate decision makers.

AP359: Develop the marine renewable energy policy in close consultation with MS-LOT to ensure consistency of approach.

We also support treating areas already subject to agreements for lease as 'planned developments at the licensing stage'.

Noted.

We also believe there should be a presumption of use for marine energy developments in the new plan options identified in the Scottish Government's sectoral plans.

AP360: The Draft National Marine Plan policy 'Renewables 1' states 'there is a presumption in favour of the adopted Plan Options identified through the Sectoral Marine Plan process'. The Draft Plan will be in conformity with the policies with the National Marine Plan as required by the Marine (Scotland) Act 2010.

Consideration should also be given to how the plan could contain policies in relation to the Marine Energy Park designation, particularly how it may help to facilitate and streamline the planning and licensing of renewable energy projects within the Park area.

Noted. The Marine Energy Park will be acknowledged and supported within the Draft Plan.

The ability for renewable energy developments to co-exist with other marine sectors can only be considered on a case by case basis. We strongly believe areas suitable for renewable energy developments should be prioritised for this sector. As stated previously, the industry works closely with other users of the marine environment, through groups such as FLOWW and NOREL, to produce guidance which would enable coexistence. The guidance has to take account of differences between devices, between uses of the area and differences in the natural environment in that area which can affect how the various sectors interact. The plan should recognise these considerations and refer to the appropriate sectoral guidance.

Noted. The Draft Plan will identify existing use/activities and potential environmental sensitivities etc. to inform consenting in the marine environment. It is acknowledged that different locations, technologies, environmental factors and marine use/activities will require a case by case approach to be taken to achieving co-existence through the consenting process.

It is important all sectoral and overarching policies are consistent with the policy of facilitating the sustainable development of the marine renewable energy sector.

Noted. The sustainable development of all the identified economic sectors will underpin the Draft Plan including marine renewables.

Proposed Policy 12: Electricity Infrastructure to Support Marine Renewable Energy Projects

We support the recognition of the importance of electricity infrastructure to the growth of the energy sector and the wider economy. Grid infrastructure developments are absolutely crucial to the development of marine energy and the plan must facilitate them.

Noted.

Direct, indirect or cumulative environmental effects and the requirement for mitigation measures are already assessed through the existing licensing processes. The plan must be consistent with current legislative requirements and not add additional burden to developments in the area.

Noted. The Draft Plan will provide a decision making framework for marine licensing that all stakeholders have an opportunity to contribute towards. The Plan will be compliant with current legislative requirements.

Proposed Policy 13: Shipping, Navigation and Marine Safety

The plan should recognise the work of the Nautical and Offshore Renewable Energy Liaison Group ( NOREL).

Noted.

NOREL aims to ensure that the commercial and recreational shipping and ports industries can successfully co ‐exist with the offshore renewable energy industries and that the needs of both are taken into account in Government policies on shipping and offshore renewable energy. NOREL is in the process of developing guidance in relation to under keel clearance for marine renewable devices.

AP361: Utilise NOREL guidance to inform the development of the marine renewables and navigation and shipping policies in the Draft Plan.

Proposed Policy 14: Ports and Harbours

As with the development of electricity infrastructure, the sustainable growth of port and harbour infrastructure is absolutely key for the growth of the marine renewable energy sector. The plan should therefore support and help to facilitate the port and harbour requirements for the marine energy sector as identified in the National Renewables Infrastructure Plan ( NRIP).

Noted.

As indicated in the NRIP Stage 1 Report, infrastructure to support the Pentland Firth and Orkney Waters leasing area is an immediate need. NRIP Stage 2 highlights the developing infrastructure needs of the sector from now to beyond 2020.

AP362: Develop the Draft Plan ports and harbours policy within the context of NRIP.

A range of locations could support the marine renewable energy industry, including during installation, fabrication, and operations and maintenance phases. The report also highlights that all ports in both Caithness and Orkney that could host or are already hosting deployment activity have development plans with at least guideline costs for expansion of existing facilities. Lead times vary, but three years to delivery, including obtaining planning permissions and financing should be allowed for, and hence developer input on requirements for larger scale deployments scheduled from 2017 onwards will need to be determined by 2012-2013 at the latest and work needs to begin by 2014 at the latest. Further, is makes clear '…some decisions on port development and use may have to be made before there is any specific certainty in the market in order to meet the deployment timetables as they are currently planned.'

Land use allocations and policies are within the remit of local development planning. Local planning authorities have made land use allocations at the strategic port and harbour locations with PFOW to support the future needs of the renewable energy sector. Associated marine infrastructure will be supported in the Draft Plan.

Proposed Policy 19: Commercial Fisheries

Again, we highlight the work of both FLOWW and the Scottish Government's Fishing Liaison Group to aid co-existence. We are very supportive of the intention to include heat maps of activity levels, other areas of importance, spawning and nursery grounds as supporting spatial information. This information will be very useful to developers.

Noted.

No comments.

N/A

Page 72, Proposed Policy 11 [Marine Renewable Energy]

This section deals with wave and tidal; however, it should be expanded to include offshore wind given the upcoming sectoral plans that will cover this activity within the PFOW MSP area.

Offshore wind will be included in this section of the Draft Plan.

SPR do not believe that areas should be zoned in relation to offshore and marine renewables. Areas selected for development go through a very rigorous process and take all conflicts with other users into account. Additionally there are likely to be future advances in technologies that will open up areas of resource not currently considered to be commercially viable. These areas will be lost to future developments if areas are zoned this early in the development of the marine renewables sector.

Noted.

Page 73, Paragraph 12.10 [Electricity Infrastructure to Support Marine Renewable Energy Projects]

Although marine renewables is the driver in relation to the electricity infrastructure it should be made clear that all will benefit from any upgrading as the grid does not discriminate between sectors or technologies.

AP363: The scope of this policy will be expanded to include all energy requirements.

Page 76, Proposed Policy 13 [Shipping, Navigation and Marine Safety]

This section appears to focus on developments. However, there should be awareness that all new activities and expansion within any sector will have implications with regards this policy area and should be considered.

AP364: Clearly state that the effects of development and activities on shipping, navigation and marine safety will be considered within the relevant policies in the Draft Plan.

Page 84, Proposed Policy 20 [Aquaculture]

The phrase " foreseeable future" is used here - how does this align with the ambitions of other parts of the PFOW MSP in having a 20 year outlook?

The 'foreseeable future' was used to allow stakeholders to respond as they see appropriate. The Draft Plan vision will be for a 20 year outlook and the Draft Plan policies will be drafted within this context.

Page 85, Proposed Policy 21 [Tourism and Recreation]

This section appears to focus on developments. However, there should be awareness that all new activities and expansion within any sector will have implications with regards this policy area and should be considered. For instance an expansion of one tourism activity may impact upon other tourism activities.

AP365: Ensure that all new activities, as well as developments, are considered within this policy area.

The sectorial policies are generally welcome and the approaches identified seem to pay appropriate credence to each of the issues raised. No further comments to make.

Noted.

Policy 14 - Ports And Harbours

Scapa Flow Transhipment Hub. See SSPO comments on NPF 3 MIR. Continuing uncertainty about whether or not the development will happen should not blight the area for other forms of development, e.g. fish farming.

Concerns noted. The Draft Plan will be informed by the emerging NPF3.

Policy 20 - Aquaculture

(i) Para. 12.33 - should be Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc. (Scotland) Act 2006.

AP366: Amend reference to legislation in the Draft Plan if required.

(ii) Para. 12.35 - See responses to Q2 and Q14 above.

Noted.

(iii) Proposed Policy - See responses to Q6 and Q14 above.

Noted.

Comments in Question 19 box.

Noted.

Comments in Question 19 box.

Noted.

No comments specifically attributed to this section.

N/A

Proposed Policy 11 Marine and Renewable Energy

HIE support the preferred option

HIE do not suggest an alternative approach.

Noted.

Proposed Policy 12 Electricity infrastructure to support marine renewable energy projects

HIE support and recognise the importance of the electricity infrastructure to support the growth of the marine energy sector and also the wider economy in the PFOW. Grid infrastructure and connection are fundamentally pivotal to the development and commercialisation of the marine sector in the PFOW area and this plan should be clear at assisting the progress of this.

Noted.

HIE do not suggest an alternative approach.

Noted.

Proposed Policy 13 Shipping, Navigation and Marine Safety

HIE are in agreement with MS on this option and have nothing to add.

Noted.

HIE do not suggest an alternative approach.

Noted.

Proposed Policy 14 Ports and Harbours

Alternative:

One of the most important factors in the growth of the marine renewable energy sector is the growth of ports and harbours infrastructure - very little will happen until the infrastructure requirements of the sector are looked at an the findings acted upon. NRIP 1 and 2 have identified what is required around the PFOW area and beyond to sustain and grow the marine renewable energy sector.

AP367: Develop the Draft Plan ports and harbours policy within the context of NRIP.

Proposed Policy 18 Development of new telecommunication cables

There may be plans to further develop the telecommunication cables in the PFOW and this should be taken into consideration when MS are looking at their already in place exclusion zones around cables already in place. They need to be aware new cables will most probably be required by 2020.

Noted.

Alternative: No further comment

N/A

Comments in Question 19 box.

Proposed Policy 11: Marine renewable energy

The Fishing industry must be one of the first consultees at the start of any prospective renewables development. Historically the catching sector has been presented with development plans which are at a stage where fishers could understandably regard them as being a "fait accompli". Early engagement with fishing is essential to avoid conflict, and without full understanding of the operations of the fishing industry a zoned approach is nether useful or desirable.

AP368: Ensure that appropriate early engagement with the fishing industry is promoted within the Draft Plan marine renewable energy policy and other appropriate sectoral policies.

Proposed Policy 16: Marine aggregates and dredging

The SFF would expect current sites for dredging and dumping to remain, but would not expect any new sites to be introduced without a full ecosystem assessment of their impact on commercial fisheries.

AP369: Ensure that the Draft Plan dredging and disposal policy requires an appropriate level of environmental assessment to be carried out to inform consenting decisions, taking particular account of potential effects on commercial fisheries and ecosystems.

Proposed Policy 18: Development of new telecommunication cables

Engagement with Subsea Cables UK would seem appropriate to this proposal as they are the overarching trade body for that industry.

AP370: Invite Subsea Cables UK to be a key stakeholder for the PFOW MSP.

Proposed Policy 19: Commercial fisheries

The importance of working with local stakeholders cannot, and should not, be ignored, but given the dynamic nature and mobility of the catching sector it will also be important to engage at the national level.

Noted. National fisheries interests have been consulted.

Alternative: For the SFF, the inclusion of the proposed alternative approach presumption against development in grounds scientifically proved to be important to fisheries would seem eminently sensible, and the embodiment of the precautionary approach.

AP371: Note SFA's support for presumption against development in grounds scientifically proved to be important to fisheries when developing the commercial fisheries policy in the Draft Plan.