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

I don't think there is anything missing as such - it is a long and bewildering list, but the point I want to make is that within the context of all plans, then some space or consideration needs to be include or made available in respect of Seaweed, whether natural stocks of, or cultivated. Seaweed, and particularly its exploitation via e.g. harvesting could be seen as a bit of a "grey area".

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

AP1: Seaweed will be considered under the aquaculture sector of the Draft Plan.

Not that we are aware of.

Noted.

Individual and collective well being as measured by the ONS [Office of National Statistics]

Noted. This will be considered in the development of the Draft Plan.

AP2: A Quality of Life / Well Being policy section will be developed in the Draft Plan.

We are generally content with this list, but refer you to our response of 15 ^th February to the SEA scoping report in which we detailed some additional regional/local policies relevant to consideration of landscapes/seascapes and coastal zone development.

Noted. The additional information will be taken into account in the development of the Draft Plan.

We are content that the Table and Annex covers nearly all the relevant legislation, policies or plans in relation to our interests.

Noted.

While reference to the Water Framework Directive and Water Environment and Water Services ( WEWS) Act is included, we note that River Basin Management Planning is not explicitly included in the Table of Annex; however we are sure you will consider this information as part of the plan-making process. As minor issues in relation to page 118 we highlight that shellfish waters and bathing waters are not water bodies and in relation to WEWS on page 119, reference should be made to ecological status rather than environmental status. We could not find reference to the Aquaculture and Fisheries (Scotland) Act 2013, which you may also wish to consider.

AP3: River Basin Management Planning will be included in the sections of the Draft Plan that deal with legislative requirements and the Water Environment policy.

No comments.

N/A

Scottish Water welcomes the approach taken by the Plan to ensure stakeholder involvement, we are committed to working in partnership to assist in the development and management of marine planning. We note that it will be important for any key elements of the plan to take cognisance of Scottish Water's regulatory structure and financing in the event that there are specific measures identified for the water industry.

Noted.

Scottish Water believes that the Marine Spatial Plan should be set in the context of the overall sustainable development of Scotland and must take socio-economic aspects into account at the policy development stage.

Noted. This will be considered in the development of the Draft Plan.

The rights of navigation need a sharp focus. As in land access with the Land Reform Act, then "responsible access" is a key element

Noted. We agree that navigation is a key issue and the Draft Plan will contain a section on shipping, navigation and marine safety which will take into consideration the relevant legislation.

No.

N/A

Individual and collective well being as measured by the ONS [Office of National Statistics]

Noted. This will be considered in the development of the Draft Plan.

AP4: A Quality of Life / Well Being policy section will be developed in the Draft Plan.

No.

N/A

We would like to see Proposed Policy 21 split into two separate policies, Tourism as one and Recreation as another. We believe this would better safeguard the needs of recreational marine users. Existing policy which could guide a Recreation Policy includes the Scottish Planning Policy Open Spaces & Physical Activity paragraphs 149 & 150 as referred to in p.16 of the Planning Issues and options Consultation Paper.

Noted. This will be addressed in the Draft Plan. Consideration will be given to having two policies, one each for Tourism and Recreation. Further information will be provided by the Tourism and Recreation case study.

AP5: Develop separate tourism and recreation policy sections.

p.117 Annex 3. Bathing Water Directive 2006 should be amended to say : 'Bathing water quality is a key consideration, particularly in key surfing, windsurfing and paddlesport areas in the pilot PFOW MSP area'.

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

AP6: Ensure definitions in relation to recreational activities are accurate e.g using the term "surfing, windsurfing and paddlesport".

Existing policy which could guide a Recreation Policy (see PPO Response Box 6) includes the Scottish Planning Policy Open Spaces & Physical Activity paragraphs 149 & 150 as referred to in p.16 of the Planning Issues and options Consultation Paper.

Noted.

p.117 Annex 3. We also suggest an addition of "paddlesport" to the Key Environmental Objectives in Bathing Water Directive 2006 i.e. Bathing water quality is a key consideration, particularly in key surfing and paddlesport areas in the pilot PFOW MSP area".

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

AP7: Ensure definitions in relation to recreational activities are accurate e.g using the term "surfing, windsurfing and paddlesport".

Please see link to our policy document on sport and recreation in the outdoors. While not written specifically for the marine environment a number of generic policy areas are relevant.

http://www.sportscotland.org.uk/resources/Out_There

Noted. Added to list of information sources.

The Planning Issues and Options paper includes a comprehensive list of relevant legislation, plans and policies but in addition to the National Marine Plan, we would recommend that reference is also made to the process currently underway to designate a network of Marine Protected Areas in Scotland's seas.

Noted.

AP8: Ensure reference is made to plans to designate a network of Marine Protected Areas in the Nature Conservation Designations section.

We welcome the inclusion of schematic diagrams (Figures 3 and 4) to help explain how the plan sits alongside other relevant plans and policies. We would suggest that additional narrative is developed to help explain the relationship between these plans further. For example, does the sectoral plan for wave energy inform the future development of wave energy within the PFOW as identified in the plan?

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

AP9: Ensure the relationship between the Draft Plan and other plans and policies is clear.

No comments.

N/A

The Highland Council has recently begun preparation of the Caithness and Sutherland Local Development Plan, which will be relevant; we anticipate publishing the Main Issues Report in early 2014. For the time being, reference should be made to the Caithness Local Plan (2002) and the Sutherland Local Plan (2010) both "As continued in force (2012)". All of these documents should be added in to Table 4.1.

AP10: The relevant section of the Draft Plan will be modified to improve clarity and be more comprehensive. Consideration of the appropriate Local Development Plans will be given at the time of drafting. We will address this in Policy 2A Integrating Marine and Coastal Development.

Noting that Table 4.1 includes the Orkney Local Biodiversity Action Plan, it would be appropriate to add in reference to the Highland Biodiversity Action Plan, Caithness Biodiversity Action Plan and Sutherland Biodiversity Action Plan.

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

The Marine Spatial Plan should therefore be prepared in a way that is consistent between the two Council areas.

Noted. The Draft Plan will take into account the work of both Highland Council and Orkney Islands Council.

We assume that it is not intended to include within Table 4.1 various Supplementary Guidance documents of the two Councils; these documents are referred to in the Local Development Plans which are in the table already. However, if you wish to add in Supplementary Guidance documents, we would be happy to assist in identifying those most relevant.

Noted. The relevant tables will be modified where appropriate.

The Caithness & North Sutherland Regeneration Partnership ( CNSRP - of which The Highland Council is a partner) works on a three-year Delivery Plan, and a Vision for the area in 2020. Both of these documents would be relevant to the Plan. See www.cnsrp.org.uk

Noted. This will be taken into consideration in the drafting the plan.

Reference should be made to the Scottish Government's Offshore Wind and Marine Energy Route Maps, and the Electricity Generation Policy Statement.

Noted. This will be taken into consideration in the drafting the plan.

Common Fisheries Policy, OSPAR Convention, Climate Change (Scotland) Act

Noted. This will be taken into consideration in the drafting the plan.

Question 1, Page 18

Other potential plans that may well need to be taken into account include the current consultation on the MPA coherent network, other plans for expansion of European designated sites ( i.e. additional SPA designations) and also the PF Marine Energy Park (as mentioned in the introduction on Page 5).

Noted. This will be taken into consideration in the drafting the plan.

None apparent. It is welcomed that the Proposed Orkney Local Development Plan is identified as being considered as this will no doubt form a key material consideration in the determination of the on-shore infrastructure / buildings required to serve the marine renewables development in Orkney.

Noted.

Yes

(i) Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc. (Scotland Act 2006.

(ii) "A Fresh Start" The Renewed Strategy for Aquaculture in Scotland.

(iii) The Scottish Governments Food Strategy.

(iv) Building a sustainable future for aquaculture - EC COM(2009)162

(v) Scotland's National Marine Plan consultation Draft

Noted. This will be taken into consideration in the drafting the plan.

Comments in Question 19 box.

Noted.

Comments in Question 19 box.

Noted.

No comments

N/A

Reference should be made to the Scottish Government's Offshore Wind and Marine Energy Route Maps, otherwise HIE cannot identify any other legislation, policies or plans not identified in table 4.1 and annex 3.

Noted. This will be taken into consideration in the drafting the plan.

Comments in Question 19 box.

Noted.

It remains a matter of concern to the SFF that there is no National Plan or Policy for commercial fishing which could be used in the development of the PFOWMSP.

Noted.