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

I think the list is inclusive but please make sure under Business and Individual examples you include seaweed harvesting and local added value conversion and also seaweed cultivation

Noted. Section 6.7 acknowledges "there are many individuals, organisations and businesses that will find a pilot marine spatial plan a useful tool…". However, the list included in paragraph 6.7 is not intended to be a comprehensive list of all business and individuals; it was a short list of likely primary users just to provide examples.

AP40: The "Purpose and Use of the Plan" section of the Draft Plan will be drafted to clarify that it is not intended to list all possible businesses.

Please refer to comments regards Local Amenity Use by local residents above

Noted.

Yes.

Noted.

Our view is that marine planning should:

• guide the location of all marine uses and activities and ensure they occur in the most suitable and least sensitive areas;
• minimise conflicts of interest and encourage compatible uses;
• be guided by clear sustainable development objectives and respect environmental limits to ensure healthy and productive seas in the future; and
• identify and safeguard important natural and cultural heritage features and complement the role of Marine Protected Areas.

Hence, we broadly support the identified purpose of the Plan as outlined in sections 6.1 to 6.4 and in particular the emphasis on clarity for decision makers and marine users and on maximising beneficial interactions and synergies. However, we consider that the wording at 1.1 more explicitly captures the importance of safeguarding the environment and of considering the needs and aspirations of local coastal communities, while also enabling commercial development. This more closely aligns with our view of the wider objectives of marine planning.

Noted. These suggestions will be taken into consideration when drafting this section of the Draft Plan.

AP41: Consider the text describing the suggested purposes of the Draft Plan.

We suggest that The Crown Estate and NGOs be added to the list of potential users and that more focus is given to the strategic role of the Plan, as well as to its use with respect to decision making for individual projects.

Noted. Section 6.7 acknowledges "there are many individuals, organisations and businesses that will find a pilot marine spatial plan a useful tool…". However, the list included in paragraph 6.7 is not intended to be a comprehensive list of all business and individuals; it was a short list of likely primary users just to provide examples.

AP42: The "Purpose and Use of the Plan" section of the Draft Plan will be drafted to clarify that it is not intended to list all possible businesses.

We agree with the identified purposes and uses of the marine spatial plan as set out in section 6.

Noted.

No comments.

N/A

Existing and likely future Scottish Water assets, such as sea outfalls, will be located within the geographical scope of the emerging marine spatial plan.

The plan must recognise this essential function, make provision of appropriate development of this nature and safeguard against potential uses which could conflict with infrastructure needs.

Noted. This will be addressed in Policy 5A Water Environment in the Draft Plan and Scottish Water will be contacted for further information to ensure this information is captured in the Draft Plan.

AP43: Ensure that Scottish Water assets are included in the development of the Draft Plan where data are available.

Seems a complete list, but getting the correct balance of use will be important.

Noted.

In Section 6 of the Consultation Paper major commercial aspects of the Pilot Plan such as ports, ferry terminals, oil terminals, ship to ship transfers are not included yet the "Plan Scheme" states in Section 1, Introduction, Background the following:-

"The pilot plan will promote the sustainable management and development of the marine environment and will incorporate economic, environmental and social considerations into marine development decision making."

"The pilot plan aims to develop a strategic decision making framework for licensing and other consent applications in the marine area. The plan will seek to reconcile the aspirations of all users of the marine area including the interests of the marine renewable energy sector, inshore fisheries, shipping and navigation, aquaculture, the oil and gas sector, recreation (by locals and visitors) and tourism. The plan will promote sustainable economic growth and management of the marine environment."

The Plan Framework Section 1, Introduction Para 3 states the following

"In preparing an MSP all users of the sea and all aspects of environment must be considered. This Framework document therefore considers all sectors, and integrates the results of the RLG to provide more detailed consideration of the specific issues associated with marine energy projects."

Introduction (Plan Scheme) Page 4

"Marine (Scotland) Act 2010 ("the Act") provides Scottish Ministers with the powers to introduce statutory marine planning for Scotland's seas. The Act creates a new legislative and management framework for the marine environment to manage the competing demands of the use of the sea whilst ensuring protection of the marine environment.

The Act sets out a simplified marine licensing process that will cover nearly all anticipated activities in the marine environment with the exception of aquaculture within 3 nautical miles, which is consented by local authorities. Public authorities have to take authorisation decisions in accordance with marine plans, as defined in the Act, unless relevant considerations indicate otherwise."

By now I am completely confused on what is IN and what is OUT?

Noted. The relevant section of the Draft Plan will be modified to improve clarity and be more comprehensive. A balance has had to be struck between brevity and the inclusion of all relevant information so as the development of the Draft Plan has evolved there have been changes to the text. However, it is clear from these comments that there is a need to clarify certain aspects of the text and to make clear what is included in the Draft Plan.

AP44: Ensure the links between the documents are clear and ensure that it is clear that all users are considered although in the interests of keeping the documents concise they may not all be listed.

Does this mean that Local Authorities are outside the plan where their consent is needed or is OIC to be considered as a "user"? How does the Plan go about reflecting the policies of the Local Authorities? Surely ports, terminals etc are economic.

In 6.7 of the Consultation Document you state

"Orkney Islands Council (Orkney Harbour Authority) will use the plan to inform decisions on Works Licence applications"

Noted. The relevant section of the Draft Plan will be modified to ensure the status of Local Authorities in relation to the Draft Plan is clear.

AP45: Ensure there is clarity regarding the status of the Local Authorities.

As the Pilot Plan is non-statutory is the word "will" imperative? I am taking this in relationship to OIC being the licensing authority for aquaculture. Since OIC became the consenting authority for aquaculture there have been no consultation documents sent to RYA Scotland although I believe there have been applications.

Noted. The language used will reflect the non-statutory nature of the Draft Plan.

AP46: Ensure that the language used reflects the non-statutory nature of the Draft Plan.

6.4 of the Consultation Document states

The main purposes of the pilot plan are:

• To establish a coherent strategic vision and objectives to achieve sustainable development;
• To set out policies to support the delivery of sustainable development;
• To produce and use relevant, reliable and robust information to support the plan policies, inform decision making and support the sustainable management of the marine environment; and
• To develop a framework for integrating marine planning with terrestrial Planning

Combining the discussion document with the Framework and the Scheme Plan there does seem to be a lack of coherence.

Noted. The development of the Draft Plan has evolved as these documents have been produced and it has been necessary to refine and condense some text in the interests of clarity. However, as this seems to have caused some confusion some text will be added to the Draft Plan to explain the differences between the documents.

AP47: Ensure the text is clear that the development of the Draft Plan has led to some changes in the language used and ensure that this is kept to a minimum.

Yes

Noted.

The list of users should include The Crown Estate. Also, consultants employed by developers should perhaps be mentioned explicitly. Bullet point 4 could emphasise that the plan could help the integration of the terrestrial and marine planning regimes. RYA suggests that the second last bullet point should be amended to read 'A variety of existing marine users and their representatives….'.

Noted. Section 6.7 acknowledges "there are many individuals, organisations and businesses that will find a pilot marine spatial plan a useful tool…". However, the list included in paragraph 6.7 is not intended to be a comprehensive list of all business and individuals; it was a short list of likely primary users just to provide examples.

AP48: The "Purpose and Use of the Plan" section of the Draft Plan will be drafted to clarify that it is not intended to list all possible businesses.

Recreation should be identified as a stand-alone sector in the marine environment.

Links between Recreation and Tourism are acknowledged, however we believe the needs of the two user groups are substantially different and therefore should be considered in the plan as independent sectors. We also highlight that there exist several user groups within Recreation, many of whom share the same needs but several of whom have substantially differing needs, e.g. paddlesport and sailing.

We agree with the identified purposes of the MSP.

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 study.

AP49: Develop separate tourism and recreation policy sections.

We propose that Recreation should be identified as a stand-alone user of the marine environment.

We acknowledge the links between Recreation and Tourism but we believe the needs of the two user groups are substantially different and therefore should be considered in the plan as independent sectors. We also highlight that there exist several user groups within Recreation, many of whom share the same needs but several of whom have substantially differing needs, e.g. paddlesport and sailing.

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 study.

AP50: Develop separate tourism and recreation policy sections.

We agree with the identified purposes of the MSP.

Noted.

No comments.

N/A

The main purposes identified for the plan are:

• To establish a coherent strategic vision and objectives to achieve sustainable development;
• To set out policies to support the delivery of sustainable development;
• To produce and use relevant, reliable and robust information to support the plan policies, inform decision making and support the sustainable management of the marine environment; and
• To develop a framework for integrating marine planning with terrestrial planning.

In addition to these points, we would also suggest the purpose of the plan includes the following points:

• To provide a coherent plan to inform and guide the regulation, management and use of the environs to which the plan applies;
• To provide clarity and direction to users of the marine environment as to how it will be managed and regulated and the framework within which decisions will be taken.

Noted. The suggested changes to the text will be considered in the development of the Draft Plan.

AP51: Consider the suggested changes to the text in the development of the Draft Plan.

We agree that developing a vision is an important part of the planning process and working with stakeholders to develop this vision and the objectives required to meet it, is an effective way of engaging stakeholders. A clear vision for the plan area will help to describe the overall intended direction of travel for the duration of the plan period and will set out the type of development expected to be brought forward and the characteristics of the plan area which are sought to be maintained or enhanced.

Noted. Stakeholder engagement is a vital part of the process of developing the Draft Plan.

AP52: Ensure that opportunities for stakeholder engagement are provided at all stages of the development of the Draft Plan. Update the Plan Scheme timetable outlining when consultation will take place and ensure this information is made available to stakeholders.

In terms of users of the plan, we would also like The Crown Estate included in the list of users as a business who wish to deliver sustainable development, but also as a public authority under the Marine (Scotland) Act (2009).

Noted. Section 6.7 acknowledges "there are many individuals, organisations and businesses that will find a pilot marine spatial plan a useful tool…". However, the list included in paragraph 6.7 is not intended to be a comprehensive list of all business and individuals; it was a short list of likely primary users just to provide examples.

AP53: The "Purpose and Use of the Plan" section of the Draft Plan will be drafted to clarify that it is not intended to list all possible businesses.

Section 6.4

In relation to that set out in the third bullet point, another purpose of the Plan is to contribute to and support achievement of the Marine Strategy Framework Directive's goal of good environmental status across Europe's marine environment by 2020 through working towards the 11 descriptors that constitute GES.

Noted. The Draft Plan will be developed within the context of relevant legislation including the Marine Strategy Framework Directive. The relevant section of the Draft Plan will be drafted to ensure clarity on this issue.

AP54: Clear reference to the Marine Strategy Framework Directive and how the Draft Plan will contribute to Good Environmental Status will be included.

Section 6.7

We recommend that the natural environment is considered not only as the physical system in which users of the marine area are active, but also in the context of those who work to and have aspirations for the protection, enhancement and sustainable management of the area's natural resource.

Noted. These issues will be dealt with by the guiding principles and related natural heritage policies and will also be taken into account in the Environmental Report.

In this context, there are a number of bodies, including environmental NGOs, who should be included as 'users' of the marine area and marine spatial plan ( MSP).

Noted. Section 6.7 acknowledges "there are many individuals, organisations and businesses that will find a pilot marine spatial plan a useful tool…". However, the list included in paragraph 6.7 is not intended to be a comprehensive list of all business and individuals; it was a short list of likely primary users just to provide examples.

AP55: The "Purpose and Use of the Plan" section of the Draft Plan will be drafted to clarify that it is not intended to list all possible businesses.

In terms of the identified purposes of the Plan, we welcome that one of the main purposes is to establish a coherent strategic vision, and objectives to achieve sustainable development. Enabling and accommodating sustainable economic growth and regeneration is of vital importance, particularly in the context of achieving the vision of the Caithness and North Sutherland Regeneration Partnership.

Noted.

In terms of the identified users of the Plan, it is appreciated that the list is not intended to be exclusive or exhaustive. However, under the category of businesses and individuals that wish to deliver new development in the marine area there should be specific mention of the oil and gas sector and electricity grid provider, given the significant development interest that is expected in the Plan area. There should also be specific reference to Port Authorities/ Harbour Trusts/ Highland Council Harbours (eg Scrabster, Gills, John O'Groats). Also, under the category of existing marine users there should be specific mention of defence (Ministry of Defence). The inclusion of terrestrial planning activity of the two Councils is welcomed, but should not be limited to use in the consideration of planning applications: it should also include use informing spatial strategies in terrestrial planning ( e.g. in Local Development Plans) and in informing pre-application advice. There could also usefully be reference to the Department of Energy and Climate Change ( DECC), who should have regard to the marine spatial plan in so far as it could be relevant to matters regulated by DECC rather than Marine Scotland e.g. decommissioning.

Noted. Section 6.7 acknowledges "there are many individuals, organisations and businesses that will find a pilot marine spatial plan a useful tool…". However, the list included in paragraph 6.7 is not intended to be a comprehensive list of all business and individuals; it was a short list of likely primary users just to provide examples.

AP56: The "Purpose and Use of the Plan" section of the Draft Plan will be drafted to clarify that it is not intended to list all possible businesses.

Noted.

AP57: The integration of terrestrial and marine planning regimes is an important aspect of the Draft Plan and is dealt with under Policy 2A.

Scottish Renewables supports the purposes of the plan as set out in section 6.

Noted.

In addition, the plan must also help to deliver the policies outlined in the National Marine Plan, the Marine Policy Statement and the sectoral marine plans. A direct reference to the plan's need to help address climate change should also be included.

Noted.

AP58: Ensure the relationship between the Draft Plan and other plans and policies is clear. Climate change will be a policy area within the Draft Plan.

Scottish Ministers should be added to the list of users as they are the ultimate decision makers in relation to awarding of marine and s36 licences.

Noted. Section 6.7 acknowledges "there are many individuals, organisations and businesses that will find a pilot marine spatial plan a useful tool…". However, the list included in paragraph 6.7 is not intended to be a comprehensive list of all business and individuals; it was a short list of likely primary users just to provide examples. MS-LOT, on behalf of Scottish Ministers, process the marine licences and are at the top of the list.

AP59: The "Purpose and Use of the Plan" section of the Draft Plan will be drafted to clarify that it is not intended to list all possible businesses.

6.4 - a purpose to achieve sustainable development, including the protection and, where appropriate, enhancement of the health of plan area would be consistent with duties under the Marine (Scotland) Act. Additionally, the inclusion of a purpose to achieve and maintain Good Environmental Status under the MSFD. Both would aid transition to statutory regional planning.

Noted. The Draft Plan will be developed within the context of relevant legislation including the Marine Strategy Framework Directive. The relevant section of the Draft Plan will be modified to improve clarity on this issue.

AP60: Consider the suggested changes to the text in the development of the Draft Plan.

6.7 - those concerned in the conservation and management of natural systems could also be described as users of the pilot plan - this could include research institutions and NGOs. SNH could use the plan in the management of MPAs and coastal protected sites as well as to inform consultation responses.

Noted. Section 6.7 acknowledges "there are many individuals, organisations and businesses that will find a pilot marine spatial plan a useful tool…". However, the list included in paragraph 6.7 is not intended to be a comprehensive list of all business and individuals; it was a short list of likely primary users just to provide examples.

AP61: The "Purpose and Use of the Plan" section of the Draft Plan will be drafted to clarify that it is not intended to list all possible businesses.

No comments.

N/A

Specific mention should perhaps be made to marine energy support contractors - the knowledge base that these companies can offer is extensive, only some of their activities are covered in the proposed wording. Furthermore business and industry forums would use and advise on the spatial plan.

Noted. Section 6.7 acknowledges "there are many individuals, organisations and businesses that will find a pilot marine spatial plan a useful tool…". However, the list included in paragraph 6.7 is not intended to be a comprehensive list of all business and individuals; it was a short list of likely primary users just to provide examples.

AP62: The "Purpose and Use of the Plan" section of the Draft Plan will be drafted to clarify that it is not intended to list all possible businesses.

Given that one of the primary objectives of marine planning is to encourage and enable sustainable economic growth' it is essential that those who wish to invest and develop in the marine area are recognised as prime users of the plan. Without them there would be no decisions for the regulators to make. The plan should therefore be designed and written primarily with investors/developers in mind and in a way that increases certainty and confidence. Wherever possible the plan should seek to presume in favour of development and minimise constraints. The choice of language is key to this.

Noted. The Draft Plan aims to balance the needs of the economic sector and wider activities whilst protecting the natural environment on which they depend. The Draft Plan will set out policies that present the planning considerations that will be taken into account in the assessment of consent applications by public authorities.

Comments in Question 19 box.

Noted.

Comments in Question 19 box.

Noted.

RSPB, "Caithness Biodiversity ", Whale and Dolphin Conservation.

Noted. It is not clear from this response what changes are required to the identified purposes and users of the Draft Plan. RSPB and the WDC groups are listed on the stakeholder database and any representation from the Caithness Biodiversity Group is welcome.

HIE recognise the importance Marine Scotland have placed on supporting sustainable development of key sectors and the balance aspirations for increased use of marine resources with the sustainable management of the marine and coastal environment, ecosystems and natural resources.

Noted.

Comments in Question 19 box.

Noted.

The SFF would expect that the plan should note the 2 basic freedoms which The Crown Estate should uphold: The right to navigation and the right to fish. Following on from that the MSP should not without good reason deny fishermen access to the grounds they make a living from.

Noted. Navigation rights are dealt with by the Maritime and Coastguard Agency and will be considered in the Shipping, Navigation and Marine Safety sections. 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.