Pilot Pentland Firth and Orkney Waters Marine Spatial Plan

Section 4: General Policies

Introduction

100 A general policy is one that is potentially relevant to the determination of an authorisation or enforcement decision for development or activities by any sector. These types of policies are often referred to as cross-cutting policies as the issues they address usually apply to many inter-related issues. For example, virtually all development has the potential to have impacts on habitats and species. Having a suite of general policies helps ensure the Plan is contributing to both high-level government targets and helps meet our commitment to local sustainable development as outlined in the objectives.

101 The cross-cutting general policy themes provide a consistent framework to ensure the Plan delivers sustainable development through the identification of policies that deliver environmental benefits alongside the needs of each sector.

102 Proposed developments and activities must comply with legal requirements and should adhere to all of the general policies, be cognisant of all the sectoral policies and consider the likely cumulative impacts. In all cases, marine safety is paramount. The associated text for each policy includes relevant supporting information that should be taken into account.

How they will be applied

103 All of the general policies:

• Apply to all development(s) and activities
• Should be applied proportionately
• Are not given in any order of priority: all have equal weight

See Section 2 How to use the Plan for more information on the planning and licensing process.

Policy format

104 To aid understanding of the Plan, all of the policies will be set out using the following format:

105 A summary of how each of the general policies contributes to meeting the objectives of the Plan is included at the start of the section (Table 2).

106 An analysis of the likely socio-economic and environmental effects of each of the general policies can be found in the Sustainability Appraisal ^[53] . The Sustainability Appraisal also explores the likelihood of cumulative effects associated with the collective group of general and sectoral policies, including consideration of the wider policy and regulatory context. These findings should be read in conjunction with this Marine Spatial Plan.

107 Background and Context: in this section, a brief summary of the underlying reasons for the policy is set out.

108 Key legislation and policy guidance: the main legislative and policy drivers are provided, this is intentionally not an exhaustive list. It is acknowledged there are likely to be many supplementary and inter-linked policies and documents. Where legislation covers several policies, it will usually only be listed once in the most relevant policy to reduce repetition, therefore an element of cross-referencing will be required. A more comprehensive list is provided in Annex 2.

109 Current status: in this section, the baseline condition of the policy topic is outlined. Where appropriate, further information may be found for most of these general policies in the Sustainability Appraisal.

110 Pressures: the issues leading to significant pressures on the policy topic are outlined. In some cases, these pressures may be applicable to a number of the policies, therefore an element of repetition is unavoidable.

111 Policy: this is the policy that will guide development and activities.

112 Justification: this outlines both the key legislative drivers and, where appropriate, the feedback from the consultation on the Planning Issues and Options Consultation paper that informed the drafting of the Plan.

113 Supporting spatial information: where data are readily available, links to the underlying spatial data are provided. In most cases, these data layers will be hosted on Marine Scotland's National Marine Plan interactive ( NMPi), therefore reference to it will not be repeated in each policy. NMPi is regularly updated so it should be consulted to ensure the most up-to-date information is used. This will ensure that the latest information is accessible as new research becomes available.

114 Future considerations: some of the likely significant issues that may be encountered during the life of the Plan and any subsequent regional marine plans are summarised.

115 Further information: provides information on the key documents referenced in the policy and sources of additional information.

116 Information boxes: throughout the Plan, information boxes are provided. These include supporting information, clarification of terms or legislation or provide examples related to the policy.

Table 2: The contribution of each of the General Policies to the Plan objectives.

GENERAL POLICY 1A: SUSTAINABLE DEVELOPMENT

Background and context

117 Sustainable development is integral to the Scottish Government's overall purpose and the broad purposes of the marine and land use planning system. Achieving sustainable management, development and use is the central purpose of this Marine Spatial Plan. It is envisaged that through a balanced consideration of social, economic and environmental factors, sustainable development can be achieved for a diverse range of economic sectors in Pentland Firth and Orkney Waters.

Information Box 1

What is sustainable development?

The goal of sustainable development is to enable all people throughout the world to satisfy their basic needs and enjoy a better quality of life without compromising the quality of life of future generations.

The Scottish Government has, as its overall purpose, to focus government and public services on creating a more successful country, with opportunities for all of Scotland to flourish, through increasing sustainable economic growth.

Sustainable economic growth means building a dynamic and growing economy that will provide prosperity and opportunities for all, while respecting the limits of our environment in order to ensure that future generations can enjoy a better quality of life.

UK Government and Devolved Administrations high-level marine objectives1 are articulated in the context of the five sustainable development principles which set out the outcomes sought by these governments. It is intended that actions and regulatory structures will support the delivery of these outcomes to achieve sustainability.

The five guiding principles of sustainable development (see Figure 4) are:

• achieving a sustainable economy
• ensuring a strong, healthy and just society
• living within environmental limits
• promoting good governance
• using sound science responsibly

Key legislation and policy guidance

118 Under the Marine and Coastal Access Act 2009 ² and the Marine (Scotland) Act 2010 ³, marine plans must set out policies for, and in connection with, the sustainable development of the area to which the Plan applies.

Current status

119 Delivering sustainable economic development by supporting Scotland's transformation to a low carbon economy is central to Scottish Government objectives. These objectives are coupled with the drive to reduce greenhouse gas emissions and the harmful effects of climate change. In the context of the Pentland Firth and Orkney, the sustainable development of the marine renewable energy industry forms part of this wider vision and is one of the key drivers for change within the Plan area.

Pressures

120 To achieve sustainable development, the needs of many established marine and coastal users, such as commercial fisheries and recreation, need to be assessed and, in turn, appropriately addressed through development consent and management decisions. This Plan aims to ensure that valued environmental, cultural and economic resources are safeguarded and, where appropriate, enhanced through this development and management decision-making process.

Figure 4: Principles for Sustainable Development (adapted from Scotland's Sustainable Development Strategy, 2005)

General Policy 1A: Sustainable development

Development(s) and/or activities will be supported by this Plan when it can be demonstrated that:

• they will not have significant adverse direct, indirect or cumulative social, environmental or economic effects
• they will maintain and, where possible, enhance, existing built, natural and cultural heritage resources
• they will make efficient use of marine space, and where appropriate, maximise opportunities for co-existence between marine users and support the multiple use of marine space
• they will not create an unacceptable burden on existing infrastructure and services that cannot be resolved

Public authorities should adhere to the following sustainable development principles in the determination of any authorisation or enforcement decision:

• the protection and, where appropriate, enhancement of the health of the marine area
• maximise opportunities for lasting social, environmental and economic benefits balancing these considerations through the consenting process
• maximise the efficient use of existing infrastructure and services (e.g. port and harbour infrastructure)
• support the efficient use of marine space and co-existence between marine users
• sound science has been used responsibly

Justification

121 The achievement of sustainable development is the central aim of this Marine Spatial Plan and the UK and Scottish Governments. General Policy 1A: Sustainable development has been developed as an overarching policy to ensure that sustainable development principles underpin developer decisions when planning and implementing projects and the authorisation and enforcement decisions made by public authorities. The policy also aims to guide marine users to carrying out their activities taking cognisance of sustainable development principles.

Supporting spatial information

• See Spatial Diagram and Plan maps for further detail.

Future considerations

122 Monitoring the effectiveness of General Policy 1A: Sustainable development will provide a useful measure of the overall effectiveness of this Marine Spatial Plan. Further work is required to establish baseline data and a benchmark against which the monitoring of specific targets and indicators can be delivered. The development of an appropriate monitoring framework will need to be considered as part of the future statutory regional marine planning process.

Further information

¹ UK Government and Devolved Administrations high-level marine objectives
https://www.gov.uk/government/publications/our-seas-a-shared-resource-high-level-marine-objectives

² Marine and Coastal Access Act 2009
http://www.gov.scot/Topics/marine/seamanagement/marineact/ukbill

³ Marine (Scotland) Act 2010
http://www.gov.scot/Topics/marine/seamanagement/marineact

The Government Economic Strategy 2011
http://www.gov.scot/Publications/2011/09/13091128/0

European Union Sustainable Development Strategy
http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=URISERV:l28117

Choosing Our Future: Scotland's Sustainable Development Strategy
http://www.gov.scot/Publications/2005/12/1493902/39032

UK Marine Policy Statement
https://www.gov.uk/government/publications/uk-marine-policy-statement

Scotland's National Marine Plan
http://www.gov.scot/Topics/marine/seamanagement/national

National Planning Framework 3
http://www.gov.scot/Topics/Built-Environment/planning/National-Planning-Framework NPF3

Scottish Planning Policy
http://www.gov.scot/Topics/Built-Environment/planning/Policy

GENERAL POLICY 1B: SUPPORTING SUSTAINABLE SOCIAL AND ECONOMIC BENEFITS

Background and context

123 Marine planning has an important role in enabling economic opportunities to be realised, supporting the achievement of national economic aspirations for growth. Marine licensing decisions for development and activities should support opportunities to increase employment and productivity to benefit the local and national economy. As well as providing jobs and income for local people, the growth of marine sectors should add value through the production of goods and services maximising opportunities for local supply chains.

124 A key challenge for marine planning is to balance the aspirations and requirements of traditional marine industries (e.g. commercial fishing, shipping, recreation and marine transport) and growth sectors such as marine renewable energy, marine tourism and aquaculture. This challenge includes considering the complex spatial requirements of each sector within a three-dimensional environment including the water surface, the water column and the seabed. It also brings into play a wider range of interactions between these sectors with potential positive and negative social, economic and environmental effects. Marine licensing decisions will implement the policy framework in this Plan aiming to balance these complex considerations, maximise benefits and support potential synergies between sectors.

Information Box 2

What is meant by synergies?

In this Plan, the term synergies refers to the interaction or cooperation between two or more developments and/or activities to achieve combined mutual benefits.

For example, an offshore wind farm co-locating with an aquaculture development to share infrastructure, development costs and make more efficient use of marine space.

125 The growth of the marine renewable energy sector has the potential to have a transformational effect on the local economy and the surrounding coastal communities. The existing marine industries operating within the Pentland Firth and Orkney Waters area make a vital social and economic contribution towards productivity and employment and their ongoing importance is supported by the policies in this Plan. The scale of the wind, wave and tidal energy resource provides an opportunity for economic development that could transform the economic structure of the area. This Plan aims to support the growth of the renewable energy sector to bring forward social, economic and environmental benefits in a way that co-exists with existing economic activities.

Key legislation and policy guidance

126 In 2011 the European Commission adopted a Communication on Blue Growth ¹ showing how Europe's coasts, seas and oceans have the potential to be a major source of new jobs and growth that can contribute to the Europe 2020 strategy ². The EU Blue Growth Strategy ³ identifies sectors that have high potential for sustainable jobs and growth including aquaculture, coastal tourism, marine biotechnology, ocean energy and seabed mining. Marine spatial planning is an essential component of the strategy supporting greater knowledge, legal certainty and security in the blue economy.

127 The Government Economic Strategy ⁴ gives clear priority to accelerating economic recovery, with a range of measures to tackle unemployment and promote employability. It focuses actions on six Strategic Priorities which will drive sustainable economic growth and develop a more resilient and adaptable economy.

Current status

128 The current socio-economic characteristics of Orkney, Caithness and Sutherland are set out in the Socio-Economic Baseline Review ⁵ of the Pentland Firth Orkney Waters area which is summarised in the Sustainability Appraisal that supports this Plan.

Pressures

129 Island and peripheral mainland communities are particularly vulnerable to the effects of significant social and economic change which can result from the growth of major new industries. In the PFOW area, the growth of the renewable energy and aquaculture sector, for example, could have significant impacts on infrastructure and services. These impacts can be particularly acute in remote islands and other remote areas where new developments can create additional pressures on local harbours, schools, housing and ferry services. Major structural change in the local economy can also place significant pressure on the operation of existing industries in terms of the available workforce, spatial requirements and use of local infrastructure.

General Policy 1B: Supporting sustainable social and economic benefits

Development(s) and/or activities will be supported by this Plan when the proposal can demonstrate:

• sustainable employment benefits
• that opportunities to support local supply chains and create skilled employment in local communities have been maximised
• that any adverse social, economic and operational effects on existing activities have been avoided, or where avoidance is not possible, adverse effects have been appropriately mitigated
• that opportunities to support synergistic benefits between development and activities have been maximised

Developers should undertake early engagement with the local authority, and any other relevant bodies, if there are likely to be significant impacts on local infrastructure or services.

Justification

130 The delivery of sustainable social and economic benefits as an integral component of future development is central to both national and local planning policy. To achieve these objectives, social and economic change needs to be sustainably managed to maximise benefits for local communities and support local infrastructure and services. As many local businesses and jobs rely on marine industries it is important that existing jobs are safeguarded and opportunities for growth are maximised.

Supporting spatial information

131 This policy is not supported by specific spatial information.

Future considerations

132 The delivery of social and economic benefits through marine development will need to be monitored as part of future marine planning activities in Pentland Firth and Orkney Waters.

Further information

¹ EC Communication COM (2014) 254 - Innovation in the Blue Economy: realising the potential of our seas and oceans for jobs and growth
http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=COM:2014:254:REV1&from=EN

² EC Europe 2020
http://ec.europa.eu/europe2020/index_en.htm

³ EU Blue Growth
http://ec.europa.eu/maritimeaffairs/policy/blue_growth/

⁴ The Government Economic Strategy www.gov.scot/Topics/Built-Environment/planning/Policy

⁵ Pilot Pentland Firth and Orkney Waters Socio-Economic Baseline Review
http://www.gov.scot/Topics/marine/seamanagement/regional/activity/pentlandorkney

GENERAL POLICY 1C: SAFEGUARDING THE MARINE ECOSYSTEM

Background and context

133 The natural marine ecosystems of Orkney and the North Caithness and Sutherland coasts are of significant intrinsic value, which must be preserved for future generations. They form part of much larger marine ecosystems in a dynamic three dimensional environment, providing a variety of vital ecosystem services such as nutrient recycling, waste assimilation and food provision.

134 The area is rich in features, habitats and species that collectively support diverse biological communities. Species survive in a wide range of habitats from wide, sandy beaches, towering cliffs and colourful rock-pools to extreme tidal races, muddy seabed and shifting water columns. This natural heritage is a recognised world-class resource, which contributes to, and enhances, the quality of life enjoyed in the region. This Marine Spatial Plan makes a contribution to safeguarding these ecosystem resources and sustainably managing the use of the natural assets now and for future generations.

Key legislation and policy guidance

135 The marine ecosystem delivers a variety of goods, such as food resources, and services, such as waste assimilation and treatment, which are beneficial to human society as well as maintaining ecosystem functioning ¹. By adopting an ecosystems approach, integrated management of this diverse marine environment should promote conservation and sustainable use of these resources and services in an equitable way. This methodology will help to build resilience and contribute to ensuring 'Good Environmental Status' of our marine waters, as required by the Marine Strategy Framework Directive ² (see Information Box 3). In addition, this strategy will also help meet the demands of the Water Framework Directive ³, whilst General policies 4A-4C deal with specific habitats and species protection.

Information Box 3

Marine Strategy Framework Directive

Fundamental aims of the MSFD are to:

• ensure that priority should be given to achieving or maintaining Good Environmental Status ( GES) in the EU Community's marine environment
• continue its protection and preservation
• prevent subsequent deterioration

This will be done through adherence to targets, for which 'descriptors' of GES have been established. The PFOW Marine Spatial Plan will therefore make a contribution to implementing the Directive.

136 The Marine Nature Conservation Strategy provides guidance on developing a network of marine conservation areas at a national level (see General Policy 4A: Nature conservation designations). Scotland's Marine Atlas ⁴ provides a wealth of background information on the health and diversity of the PFOW areas seas.

Current status

137 Most of the environment in the PFOW area is of relatively high quality, as evidenced by the clean and safe seas assessment in the Marine Atlas. There are, however, a number of concerns regarding the health and biodiversity of the area, particularly in relation to some fish, bird, marine mammal and non-native species.Baseline environmental data are discussed in detail within General Policies 4A-E and in the accompanying Sustainability Appraisal.

Pressures

138 The pressures on the marine ecosystems are many and complex. Climate change is a significant issue which is likely to become increasingly relevant and noticeable over the next few decades. Related issues include ocean acidification and changing marine food webs, whilst related sea-level rise increases flooding risk.

In addition, there are many development pressures competing for use of the natural environment's resources and ecosystem services, as outlined within this Marine Spatial Plan.

General Policy 1C: Safeguarding the marine ecosystem

The Plan will support proposed development(s) and/or activities when they:

• safeguard the integrity of coastal and marine ecosystems
• contribute towards the Marine Strategy Framework Directive objectives to promote enhancement or improvement of the environmental status of the marine environment
• demonstrate how any significant disturbance and degradation of coastal and marine ecosystems has been avoided or appropriately mitigated

Justification

139 A high-quality marine ecosystem is a fundamental requirement for both its intrinsic value and as a basis for sustainable development. Fisheries and coastal/ marine tourism depend on well-functioning marine ecosystems. The quality of life of local communities is greatly enhanced by the existence of healthy seas.

Supporting spatial information

140 See maps for General Policies 4A-4C.

Future considerations

141 Subsequent regional marine plans will provide continued support for safeguarding the marine ecosystem.

142 Effects of climate change such as sea-level rise, increase of invasive non-native species and changing food webs may lead to significant changes in the natural environment, with associated social and economic impacts.

Further information

¹ Frid, C. et al (2011) Marine Planning and Management to Maintain Ecosystem Goods and Services. In The Ecosystem Approach to Marine Planning and Management (Eds, Kidd, Plater & Frid). Earthscan, London.

² Marine Strategy Framework Directive
http://www.msfd.eu/

³ Water Framework Directive
http://www.gov.scot/Topics/Environment/Water/15561/WFD

⁴ Scotland's Marine Atlas
http://www.gov.scot/Topics/marine/science/atlas

Scottish Natural Heritage
http://www.snh.gov.uk/

The Ecosystem Approach to Marine Management
http://www.msfd.eu/knowseas/library/PB2.pdf

GENERAL POLICY 2: THE WELL-BEING, QUALITY OF LIFE AND AMENITY OF COASTAL COMMUNITIES

Background and context

143 Orkney and the Caithness and Sutherland coast are attractive places to live and work, with a unique environment that provides a high quality of life for their communities. The natural environment, cultural heritage and traditions and high level of general amenity all contribute to the well-being of local people.

144 Through the ages, these places have inspired creativity and innovation as people have changed and adapted to make a living from their environmental resources and create a unique way of life. Island and peripheral communities have benefited from a general culture of cooperation and solidarity. That culture can enable local communities to be progressive; embracing new social and economic opportunities whilst safeguarding the environment and wider quality of life.

145 In 2013 the Scottish Government formed the Island Areas Ministerial Working Group together with the Our Islands Our Future Council leaders in Orkney, Shetland and Western Isles. This initiative considers how a future Scottish Government could recognise and address the needs of remote island areas. The Empowering Scotland's Island Communities prospectus ¹ sets out a range of proposals based on three underpinning objectives:

• promoting islands' voice
• harnessing island resources
• enhancing islands well-being

146 For further background information, the Office of National Statistics ² is developing new measures of national well-being with an aim to provide a fuller picture of how society is doing by supplementing existing economic, social and environmental measures.

Information Box 4

Well-being - The state of being comfortable, healthy or happy.

Quality of life - The standard of health, comfort, and happiness experienced by an individual or group.

Amenity - A positive element or elements that contribute to the overall character or enjoyment of an area.

Key legislation and policy guidance

147 Supporting individual well-being is a well-established principle within policy for health and social care but is less established within policy for the planning system. That said, planning has played a long-established role in improving people's quality of life and well-being by creating places that are enjoyable to live in, work in and visit. The environmental protection and safeguarding of amenity afforded by the land use and marine planning system means that related policy and decision making are well placed to impact profoundly on the well-being, quality of life and amenity of local communities.

Current status

148 Caithness, Sutherland and Orkney residents enjoy a high quality of life as compared to the UK average. Marine and land use planning policy aims to safeguard the local environment and the area's amenity value. Additionally, the Highland Council has developed a Community Benefit Policy ³ to support the well-being of local communities. Within that policy, it recognises that in the short to medium term, off-shore renewable energy developments may be of a research and experimental nature. This means that community benefit may only become available as these developments become commercially viable. Similarly, Orkney Islands Council has approved community benefit principles to support future community benefits from the marine renewable energy industry. It is recognised that community benefit can be provided by other sectors, for example aquaculture, and opportunities to secure appropriate community benefits are being taken forward with the relevant industry representatives.

Pressures

149 The growth of economic activity within the PFOW area has the potential to create many benefits for local communities and, on the other hand, exert a range of social, environmental and economic pressures. The landscape and seascape, historic assets, natural habitats, water quality and tranquillity experienced in the PFOW area all make a significant contribution to local people's quality of life. These features are vulnerable to potential direct and cumulative impacts from future development including renewable energy, ports and harbours, aquaculture and other infrastructure.

General Policy 2: The well-being, quality of life and amenity of coastal communities

Development(s) and/or activities will be supported by this Plan when it can be demonstrated that:

• significant adverse effects on the well-being, quality of life and amenity of local communities have been avoided, and where appropriate, mitigation measures to address any adverse effects have been incorporated as part of the proposals and agreed with the consenting authority
• local stakeholders, relevant Community Councils and interested community groups have been engaged at an early stage in the development process when assessing any potential impacts on the well-being, quality of life and amenity of local communities

Justification

150 General Policy 2: The well-being, quality of life and amenity of coastal communities has been developed in response to the Planning Issues and Options consultation and wider stakeholder engagement as part of the preparation of this Marine Spatial Plan. These engagement methods highlighted that the existing high quality of life and well-being of local communities needs to be safeguarded. The aim of this policy is to provide an opportunity for a fuller assessment of new development and activities supplementing existing economic, social and environmental measures with this Plan.

Supporting spatial information

151 The spatial information supporting the General and Sectoral policies within the Plan are relevant when considering the well-being, quality of life and amenity of coastal communities.

Future considerations

152 Further research is required to better understand the factors that contribute towards the well-being, quality of life and amenity of coastal communities within the Plan area.

Further information

¹ Empowering Scotland's Island Communities
http://www.gov.scot/Publications/2014/06/2708

² Measuring National Well-being - Office of National Statistics
http://www.ons.gov.uk/ons/guide-method/user-guidance/well-being/index.html

³ Highland Council Community Benefit Policy
http://www.highland.gov.uk/downloads/file/4542/community_benefit_policy

GENERAL POLICY 3: CLIMATE CHANGE

Background and context

153 Climate change is a global issue. The marine environment plays a major role in mitigating its effects by carbon capture, whereby marine life, especially algal communities, absorb carbon which is then stored. However, warmer temperatures, rising sea levels and changing weather patterns will increasingly affect our marine environment and, in turn, our society in important ways. Its effects in Scotland include impacts on native marine plants and animals, increased flooding and erosion rates and changing weather patterns. These effects are likely to increase in the mid to longer term as actions taken now to reduce greenhouse gases may take years to have a positive effect.

Information Box 5

Climate change

Increases of greenhouse gases such as methane (CH ₄) and carbon dioxide (CO ₂) from human activities have resulted in rapid changes to our climate, particularly over the last 50 years. These changes include rising sea temperatures which, in turn, have led to changes in species' normal habitat ranges, leading to changes in marine food webs. For example, Atlantic white-sided dolphins are moving northward out of UK waters and shortbeaked common dolphins are being sighted in the Northern North Sea and northern most part of the Scottish Continental Shelf more regularly ¹.

On an economic level, changes in commercially available fish and shellfish species could have significant impacts, requiring changes in fishing practices.

Key legislation and policy guidance

154 Mitigating and adapting to climate change are key strategic objectives of the National Marine Plan, as determined by the Marine (Scotland) Act 2010. The Scottish Government's targets to generate the equivalent of 100% of Scotland's electricity demand from renewable sources makes a significant contribution to climate change targets as a supporting commitment under the Climate Change (Scotland) Act 2009 ². In addition, the Scottish Climate Change Adaptation Programme ³, Framework ⁴ and Mitigation Policy provide a range of guidance to support the Act. The PFOW area, which this pilot Plan supports, therefore has a significant role to play in realising these national targets.

Current status

155 The PFOW area is at the forefront of wave and tidal energy development. These developments will make an important contribution to decarbonisation and climate change targets. This Plan highlights potential synergies between this new sector and the existing, more established sectors and activities, therefore allowing maximum opportunities to reduce climate change impacts. These established sectors also undertake mitigation measures to reduce both costs and climate change impacts. Examples include more efficient fuel use for shipping and locating new infrastructure so that impacts on saltmarsh, kelp beds, sea grass beds and coastal peatland are avoided. The current national and regional approaches to marine spatial planning also make a contribution to adapting to climate change pressures, a key objective of the National Marine Plan.

Pressures

156 The pressures of climate change are complex and some may require years to fully detect. Already, climate change may have contributed to changes in plankton communities, fish stocks and seabird populations. It has been predicted that climate change may lead to the thinning of shellfish shells due to increased acidity and affect the viability of some species, to the benefit of others. An increase in winter storms and sea-level rise could speed up coastal erosion, affecting communities, infrastructure and key cultural heritage sites or result in higher levels of flooding and harbour damage or impact the wave and tidal devices and other marine infrastructure.

General Policy 3: Climate change

Development(s) and/or activities will be supported by the Plan where the proposal can demonstrate appropriate:

• measures to mitigate the effects of climate change
• measures taken to adapt to climate change
• resilience has been built into the project over its lifetime

All proposals for development(s) and/or activities must minimise, as far as practicable, emissions of greenhouse gases and clearly demonstrate mitigation measures taken.

Information Box 6

Adaptation

Adaptation refers to measures to adjust infrastructure or natural systems to provide resilience to the harmful consequences of climate change (e.g. better coastal protection against storm surges).

Mitigation

Mitigation refers to measures to reduce emissions of carbon and other greenhouse gases or to remove them from the atmosphere.

Justification

157 Combatting the effects of climate change is a global issue. At a national level, there are legal requirements to ensure measures are taken to help reduce the effects of climate change, as outlined in the Climate Change (Scotland) Act 2009. This is supported by a key objective of the National Marine Plan.

158 By providing a Plan that ensures all development considers its implications for climate change, but also allows flexibility by providing a wide suite of environmental issues for consideration, the Plan has tried to provide an adaptable framework for tackling the issues raised by climate change.

Supporting spatial information

159 This policy is not supported by specific spatial information.

Future considerations

160 Effects of climate change such as sea-level rise, increase of invasive non-native species and algal blooms, along with changing food webs, may lead to significant changes in the natural environment, with associated positive and negative social and economic impacts. Changing shipping routes caused by a reduction in Arctic sea ice could see an increase in maritime traffic around the PFOW area as tankers make use of shorter global routes.

161 Climate change may increasingly affect coastal heritage assets and may impact on both the assets themselves and the related important tourism links. This could be of particular concern in Orkney.

162 Climate change will be a consideration in any subsequent regional marine plans, as per the Scottish Climate Change Adaptation Programme.

Further information

¹ Marine Climate Change Impacts Partnership Annual Report Card
http://www.mccip.org.uk/annual-report-card/2013/regional-snapshots.aspx

² Climate Change (Scotland) Act 2009
http://www.legislation.gov.uk/asp/2009/12/contents

³ Climate Ready Scotland: Scottish Climate Change Adaptation Programme (2014)
http://www.gov.scot/Publications/2014/05/4669/downloads

⁴ Scotland's Climate Change Adaption Framework
http://www.gov.scot/Topics/Environment/climatechange/scotlands-action/adaptation/AdaptationFramework

Rennie, A.F. & Hansom, J.D. (2011) Sea level trend reversal: Land uplift outpaced by sea level rise on Scotland's coast. Geomorphology, 125, 193-202

GENERAL POLICY 4A: NATURE CONSERVATION DESIGNATIONS

Background and context

163 The Pentland Firth and Orkney area hosts a diverse range of habitats and species that exist alongside geological features, coastal landscapes and seascapes. Furthermore, important sectors in the economy including, but not limited to, fisheries, renewable energy, aquaculture, tourism and recreation are dependent on these natural resources and associated ecosystems to thrive.

Key legislation and policy guidance

164 Statutory international and national nature conservation designations represent the best examples of Scotland's habitats, plants and animals, rocks, fossils and landforms. Their protection and management will help to ensure that they remain in good health for all to enjoy.

165 The Habitats Directive (Council Directive 92/43/ EEC on the conservation of natural habitats and of wild fauna and flora) was adopted in 1992. Along with the Birds Directive (see General Policy 4B: Protected species), they are the drivers for designation of areas known as 'Natura sites' or Special Areas of Conservation ( SAC) and Special Protection Areas ( SPA) respectively. This legislation covers not just the requirements for protected European (Natura) sites, but also for European Protected Species, as well as other aspects of the Directive. The Habitats Directive was translated into law in Great Britain by the Conservation (Natural Habitats, &c.) Regulations 1994, usually called 'the Habitats Regulations'. Ramsar sites are designated as internationally important wetlands. All Ramsar sites in Scotland are also either SPAs or SACs.

166 Sites of Special Scientific Interest ( SSSI) are protected under the Nature Conservation (Scotland) Act 2004 and are those areas of land and water to the seaward limits of local authority areas considered to best represent our natural heritage. Many SSSIs are also Natura sites.

167 Seventeen nature conservation Marine Protected Areas ( MPAs) have been designated under the Marine (Scotland) Act 2010 for sites in Scottish territorial waters. A further 13 have been designated in offshore waters under the Marine and Coastal Access Act 2009. These MPAs aim to protect a range of biodiversity or geodiversity features in their current state for the future, or to allow them to recover to the state in which they should be in order to remain healthy and productive. Marine Scotland has developed a Draft Management Handbook ¹ for nature conservation MPAs, which provides information on how management measures for these sites will be assessed and undertaken.

Information Box 7

Nature Conservation Marine Protected Areas

The Strategy for Marine Nature Conservation in Scotland's Seas (2011) explains the approach being taken to develop a coherent network of nature conservation Marine Protected Areas. These will protect biodiversity and geodiversity but may still allow multiple uses of low-impact activities that do no damage to the ecological integrity of the sites.

Three PFOW MPAs, all located in Orkney: NW Orkney; Papa Westray and Wyre; and Rousay Sounds, were designated in summer 2014.

168 To complement statutory designations, local nature conservation designations identify important habitats and species in the local context ² and aim to promote appropriate protection and management within these areas.

Current status

169 There are numerous Natura sites and other designated sites with the PFOW area, with other sites under consideration. These have been assessed in the accompanying Sustainability Appraisal. In summary, much of the Caithness coast and many Orkney Islands are designated Special Protection Areas ( SPA) to conserve their bird life. In addition, work is ongoing to complete the SPA network at sea to meet the needs of seabirds and waterfowl. A draft suite of marine Special Protection Areas (d SPAs), including two sites within the Plan area, has been developed for consideration by the Scottish Government. Formal consultation on those d SPAs confirmed for progression by Scottish Ministers is anticipated in 2016. Proposed SPAs taken forward for public consultation will be given policy protection from that point. For the avoidance of doubt, reference to the d SPAs in this draft Plan does not give d SPAs any formal policy protection status.

170 General Policy 4A: Nature conservation designations sets out the nature conservation designations that will be taken into account in the assessment of development proposals that require authorisation or enforcement decisions by a public authority. The policy explains how proposals will be assessed, the required assessment processes and the factors that will be taken into account in the determination of relevant consent applications. This demonstrates that whilst additional mitigation or information may be required, designated sites may be able to accommodate some sustainable development or activities.

171 Designated sites outwith the PFOW boundary may need to be considered by developers where the impact of relevant pressures overlaps with the site or, in the case of Natura sites, there is connectivity with the qualifying mobile species. Data on all marine designated sites are available on NMPi.

Pressures

172 The pressures on designated sites are similar to those discussed in General Policy 1C: Safeguarding the marine ecosystem (e.g. climate change, sea-level rise, competition for space and/or resources) but due to the higher level of protection granted to them, they require a more robust application of safeguards. For example, in relation to Natura sites, most major developments are likely to be subject to a Habitats Regulations Appraisal ( HRA) and therefore may require an accompanying Appropriate Assessment if a Likely Significant Effect is identified during the assessment process. Scottish Natural Heritage will be consulted to advise the competent authority on the HRA.

General Policy 4A: Nature conservation designations

The Plan will support development(s) and/or activities where due regard is given to the importance of international, national and locally designated nature conservation sites.

Internationally designated sites

Development(s) and/or activities likely to have a significant effect on a site designated or proposed to be designated as a SPA or SAC (collectively known as Natura 2000 sites) alone or in combination and not directly connected with, or necessary to the conservation management of that site, must be subject to an Appropriate Assessment in order to assess the implications for the site's conservation objectives.

Development(s) and/or activities will only be permitted in circumstances where the assessment ascertains that:

• they would not adversely affect the objectives of the designation or the integrity of the site; or
• there is no alternative solution; and
• there are imperative reasons of over-riding public interest, including those of a social or economic nature.

The international importance of Ramsar sites should also be appropriately protected.

Nationally designated sites

Development(s) and/or activities capable of affecting a Nature Conservation Marine Protected Area ( NC MPA) will only be permitted where it can be demonstrated to the satisfaction of the relevant public authority that there is no significant risk of hindering the achievement of the conservation objectives of the NC MPA. Where this cannot be satisfactorily demonstrated authorisation can only be granted if the relevant public authority is satisfied that:

• there is no alternative that would have a substantially lower risk of hindering the achievement of the conservation objectives of the NC MPA;
• the public benefit outweighs the risk of damage to the environment; and the applicant will arrange, to the satisfaction of Scottish Ministers, for measures of equivalent environmental benefit to the damage that will or is likely to occur.

Development(s) and/or activities that affect a SSSI or Geological Conservation Review ( GCR) site will only be permitted where (for SSSIs) the objectives of designation and overall integrity of the area, or (for GCR sites) the reasons for selection, will not be compromised, or where significant adverse effects on the qualities for which the area has been designated/selected are clearly outweighed by social, environmental or economic benefits of national importance.

Locally designated sites

Development(s) and/or activities that affect a Local Nature Conservation Site ( LNCS) or Local Nature Reserve ( LNR) will only be permitted where it can be demonstrated to the satisfaction of the consenting authority that any significant adverse impact on the integrity of the site, or the qualities for which it has been designated, have been appropriately addressed or mitigated or any such impact is clearly outweighed by social, environmental or economic benefits and there is no satisfactory alternative.

In addition, in all cases where development(s) and/or activities affecting a nature conservation site can be consented, satisfactory mitigation measures will be required to minimise any potential adverse impacts during the construction, lifetime and decommissioning of the development(s) and/or activities.

Where the impact of development(s) and/or activities on an international, national or local natural heritage resource are uncertain, but there are good scientific grounds that significant irreversible damage could occur, the precautionary principle will apply.

Justification

173 There is a statutory requirement to protect designated sites from inappropriate development.

Supporting spatial information

174 The supporting spatial information identifies the location of the nature conservation designations within the Plan area. Nature conservation designations that straddle the Plan's terrestrial boundary (mean high water springs) are also identified.

Map 2: Nature conservation areas established under international legislation in the Pentland Firth and Orkney Waters area including Special Protection Areas, Special Areas of Conservation and Ramsar sites.

Map 3: Nature conservation areas established under national and local legislation in the Pentland Firth and Orkney Waters area including Marine Protected Areas, Sites of Special Scientific Interest (including Geological Conservation Review Areas) and Local Nature Reserves.

Future considerations

175 The continued protection of designated sites should help ensure that the natural assets they contain are safeguarded for the future. As new research and information becomes available, the subsequent regional marine plans can be updated.

Further information

¹ Draft MPA Management Handbook
http://www.gov.scot/Topics/marine/marine-environment/mpanetwork/handbook

² Orkney Natural Heritage Supplementary Guidance
http://www.orkney.gov.uk/Files/Planning/Development-and-Marine-Planning/Related-Planning-to-2014/Natural_Heritage_SG.pdf

A Strategy for Marine Nature Conservation in Scotland's Seas (2011)
http://www.gov.scot/Topics/marine/marine-environment/Conservationstrategy/marineconstrategy

Scottish Natural Heritage: Protected Areas
http://www.snh.gov.uk/protecting-scotlands-nature/protected-areas/

Scottish Natural Heritage: Sitelink
http://gateway.snh.gov.uk/sitelink/

Orkney Local Development Plan
http://www.orkney.gov.uk/Service-Directory/O/Orkney-Local-Development-Plan.htm

Caithness and Sutherland Local Development Plan
http://www.highland.gov.uk/info/178/local_and_statutory_development_plans/283/caithness_and_sutherland_local_development_plan

Orkney Islands Council policy principles on new national or international environmental, natural heritage or marine related designations
http://www.orkney.gov.uk/Council/C/general-meeting---3-march-2015.htm
(Click on the minute of the 3 March 2015 General Meeting of the Council in the Related Downloads column, policy principles are presented at Item 8.2.1).

GENERAL POLICY 4B: PROTECTED SPECIES

Background and context

176 While some species are protected within or through association with designated sites (see General Policy 4A: Nature conservation designations), other species are protected wherever they occur, with different levels of protection afforded depending on the legislative mechanism. The potential for impacts upon a legally-protected species is an important consideration, requiring steps to establish their presence, assess the potential impacts and apply any appropriate mitigation and/or licensing.

Key legislation and policy guidance

177 Some marine species, including many seabirds, have protection under the Wildlife and Countryside Act 1981 ¹ and the EU Birds Directive ², whilst other endangered species are classed as European Protected Species. Of particular relevance in the PFOW, all cetacean species, marine turtles and otters are given protection under the Conservation (Natural Habitats, &c.) Regulations 1994 ³ (as amended) as European Protected Species. As these are mobile species, particular care is required when any development may impact on their migratory routes or key feeding or breeding areas, as the animals are unlikely to be present all year round. Depending on the activity, a licence is required from either Marine Scotland or SNH, if the animals are likely to be injured or disturbed.

Information Box 8

Seal conservation areas and haul-out sites

Seal conservation areas are designed to protect vulnerable, declining common seal populations. Seal haul-outs are locations on land where seals come ashore to rest, moult or breed. These designated sites provide additional protection for seals from intentional or reckless harassment.

178 The Marine (Scotland) Act 2010 makes specific provision for the conservation of seals. However, to protect the health and welfare of farmed fish, Scottish Ministers may grant a licence authorising the killing or taking of seals, once all other deterrent options have proven unsuccessful.

179 The Wildlife and Natural Environment Act ( WANE) 2011 ⁴, among other things, amends the provisions for basking sharks under the Wildlife and Countryside Act 1981 by providing for a licensing requirement. It also affords greater protection to wild birds, creates a new regime for regulating invasive and non-native species (see General Policy 9: Invasive non-native species) and makes changes to the protected species licensing. Although under domestic rather than European legislation, the requirements are very similar to those for European Protected Species. In addition, the Sharks, Skates and Rays (Prohibition of fishing, landing, and transhipment) Order 2012 ⁵, offers protection to these species, which is relevant to recreational anglers as well as commercial fishing.

Current status

180 Data from the Marine Atlas shows the overall status of protected species in the north Scotland coast is not positive, with concerns regarding most mapped species. Whilst the distribution of some protected species may be reasonably well understood, there may be a lack of knowledge on, for example, species ecology or behaviour. The main issues are assessed in the Strategic Environmental Assessment and discussed in the accompanying Sustainability Appraisal.

Pressures

181 The pressures on protected species include changes in their environment due to climate change and fishing and disturbance from increasing development of marine areas. Some species will be particularly vulnerable to competition from invasive non-native species (see General Policy 9: Invasive non-native species), which may lead to competition for food resources or habitat.

General Policy 4B: Protected species

The Plan will not support development(s) and/or activities that would be likely to have an adverse effect on a European Protected Species unless the relevant consenting or planning authority is satisfied:

• there is no satisfactory alternative;
• the development(s) and/or activities are required for preserving public health or public safety or there are other imperative reasons of overriding public interest; and
• the development(s) and/or activities would not be detrimental to the maintenance of the population of a European Protected Species concerned at a favourable conservation status in its natural range.

Where the impacts of development(s) and/or activities on an internationally or nationally protected species are uncertain, but there are good scientific grounds that significant irreversible damage could occur, the precautionary principle will apply.

Development(s) and/or activities will only be permitted where they comply with any licence granted by the appropriate authority required for the purpose of species protection.

Development(s) and/or activities likely to have an adverse effect on other species protected under current wildlife legislation, individually and/or cumulatively will only be permitted if those effects can be mitigated to the satisfaction of the relevant consenting or planning authority, or if they are satisfied that legislative requirements to proceed can be met.

Justification

182 There is a statutory requirement to protect protected species from inappropriate development.

Supporting spatial information

Map 4: Grey seal 'usage' and haul-out sites. Grey seal 'usage' has been calculated by scaling the patterns recorded by electronically-tagged seals to the population level. Population levels have been calculated by aerial survey at seal haul-out sites. Data calculated by the Sea Mammal Research Unit.

Map 5: Harbour seal 'usage' and haul-out sites. Harbour seal 'usage' has been calculated by scaling the patterns recorded by electronically-tagged seals to the population level. Population levels have been calculated by aerial survey at seal haul-out sites. Data calculated by the Sea Mammal Research Unit.

Future considerations

183 Subsequent regional marine plans will provide continued support for protected species. The evolving MPA process should help show in due course how effectively protection measures are working.

Further information

¹ Wildlife and Countryside Act 1981
http://www.legislation.gov.uk/ukpga/1981/69/contents

² EU Birds Directive
http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32009L0147

³ The Conservation (Natural Habitats &c.) Regulations 1994
http://www.legislation.gov.uk/uksi/1994/2716/contents/made

⁴ The Wildlife and Natural Environment Act ( WANE) 2011
http://www.legislation.gov.uk/asp/2011/6/contents

⁵ The Sharks, Skates and Rays (Prohibition of fishing, landing and transhipment) Order 2012
http://www.legislation.gov.uk/ssi/2012/63/contents/made

Marine Strategy Framework Directive
http://www.msfd.eu/

Protected Species
http://www.snh.gov.uk/protecting-scotlands-nature/protected-species/

Scottish Natural Heritage Seal Protection Guidance
http://www.snh.gov.uk/protecting-scotlands-nature/protected-species/which-and-how/mammals/seal-protection/

Marine Protected Areas
http://www.gov.scot/Topics/marine/marine-environment/mpanetwork

Marine Mammal Research
http://www.gov.scot/Resource/0043/00433252.pdf

National Biodiversity Network
http://www.nbn.org.uk/

Seal Haul-Out Maps
http://www.gov.scot/Topics/marine/marine-environment/species/19887/20814/maps

GENERAL POLICY 4C: WIDER BIODIVERSITY

Background and context

184 Biodiversity includes all living things and their habitats. Whilst some species and habitats have specific protection, as discussed in the policies above, the rest of biodiversity forms the bulk of the ecological interests in the PFOW area. This local biodiversity is important as it underpins the distinctive characteristics of the region.

185 The various broad habitat types support specific communities of species. For example, a sandy beach will support an array of marine worms and crustaceans whilst the marine water column will have a diverse mix of plankton, crabs and fish, amongst other species. Many of these species are interdependent on each other in complex food webs and habitat requirements at different stages of their life-cycle development.

Information Box 9

Priority Marine Feature: Serpulid aggregations

( Serpula vermiculari)

The Serpulid worm is a beautiful marine tubeworm with a shiny crown of feathery red, pink and orange tentacles, contrasting with a hard white tube. It has a worldwide distribution but in a few places, hundreds of them grow together forming bush like aggregations or 'reefs'. These aggregations have been identified as a Priority Marine Feature because they provide a habitat for a wide variety of other marine creatures such as sponges, sea squirts, spider crabs and starfish.

186 General Policies 4A Nature conservation designations and 4B Protected species addressed designated sites and protected species, respectively. The Priority Marine Features ( PMF) list ¹, adopted by Scottish Ministers in summer 2014, is relevant to those in the subset of the PMF list, that are also either protected features of Marine Protected Areas, and/or legally protected species (e.g. cetaceans). In other circumstances, and of relevance to this policy, PMFs should be considered as 'wider biodiversity' of recognised importance. Other biodiversity interests may also be regionally or locally relevant, and a general biodiversity duty applies to all public bodies, but the PMF list provides a focus for conservation efforts across Scottish waters.

Key legislation and policy guidance

187 Wildlife and Countryside Act 1981 (as amended) ² protects many species in Scotland. In addition, elements of wider biodiversity have some statutory protection under what is generally termed the 'Biodiversity Duty' of the Nature Conservation (Scotland) Act 2004 ³. This places a duty on every public body and office-holder to "further the conservation of biodiversity so far as is consistent with the proper exercise of those functions". This duty is supported by the Scottish Biodiversity Strategy (2004) ⁴ and the subsequent 2020 Challenge for Scotland's Biodiversity (2013) ⁵, both of which contain marine chapters.

188 The UK Biodiversity Action Plan ⁶ list identifies species and habitats that are conservation priorities in the UK. The Scottish Biodiversity List ⁷ is a list of animals, plants and habitats that Scottish Ministers consider to be of principal importance for biodiversity conservation in Scotland. The purpose of the list is to help public bodies carry out their Biodiversity Duty by identifying the species and habitats which are the highest priority for biodiversity conservation in Scotland. The formation of the Scottish Priority Marine Features list has considered these and other lists (e.g. International Union for Conservation of Nature red list) to identify habitats and species considered to be particular marine nature conservation priorities in Scottish waters.

189 At a more local level, Orkney, Caithness and Sutherland each have Local Biodiversity Action Plans that support actions to protect the marine or coastal environment.

Information Box 10

Wild salmonids

Salmon ( Salmo salar)

An objective of the National Marine Plan is to maintain healthy salmon (and other diadromous fish) stocks. This, therefore, requires effective management of both marine and freshwaters, i.e. an integrated approach. In the freshwater environment, some rivers are designated as a Special Area of Conservation ( SAC) to protect salmon in the freshwater part of their life-cycle. To complement this, salmon are now designated as a Priority Marine Feature for the marine part of their life-cycle.

Trout ( Salmo trutta)

The sea trout is a brown trout that migrates to the sea for a part of its life cycle, returning to freshwater burns to spawn. During its sea phase, it tends to transit close to the shore. Sea trout is a Priority Species in the UK Biodiversity Action Plan list, the Scottish Biodiversity List and is a Priority Marine Feature.

Current status

190 Some areas of the PFOW coastal and marine habitats are relatively undisturbed, offering refuge to a variety of species. Data on the status of species not covered by international or national designations are harder to determine as survey coverage is often poor or infrequent. However, some groups of animals such as seabirds are relatively well studied and new developments, such as marine renewable energy proposals, are required to undertake various surveys prior to commencement which will provide additional data.

Pressures

191 The pressures on wider biodiversity are not always easy to define as many of the species and habitats have no formal monitoring mechanism. However, it is likely that they will be similar to those of General Policy 4B: Protected species above, e.g. climate change, fishing.

General Policy 4C: Wider biodiversity

The Plan will not support development(s) and/or activities that result in a significant impact on the national status of Priority Marine Features.

Where development(s) and/or activities are likely to have an adverse impact on species of regional or local importance to biodiversity, proposals should demonstrate that:

• the public benefits at a local level clearly outweigh the value of the habitat for biodiversity conservation;
• the development(s) and/or activities will be sited and designed to minimise adverse impacts on environmental quality, ecological status or viability; and
• any impact will be suitably mitigated.

Justification

192 This policy gives protection to habitats and species even when they are not associated with specifically-designated nature conservation sites. It promotes enhancement measures for local biodiversity and ecosystem function. It therefore ensures the Plan contributes to meeting the Biodiversity Duty as required under the Nature Conservation (Scotland) Act 2004.

Supporting spatial information

193 This policy is not supported by specific spatial information.

Future considerations

194 Subsequent regional marine plans will be able to provide more detailed information on local biodiversity as ongoing research data become available. This may include identification of species (and habitats) that could be considered to be of regional or local importance.

Further information

¹ Priority Marine Features
http://www.snh.gov.uk/protecting-scotlands-nature/priority-marine-features/priority-marine-features/

² Wildlife and Countryside Act 1981 (as amended in Scotland)
http://www.snh.gov.uk/protecting-scotlands-nature/protected-species/legal-framework/wca-1981/

³ Nature Conservation (Scotland) Act 2004
http://www.legislation.gov.uk/asp/2004/6/contents

⁴ Scottish Biodiversity Strategy
http://gov.scot/Publications/2004/05/19366/37250

⁵ 2020 Challenge for Scotland's Biodiversity
http://www.gov.scot/Publications/2013/06/5538/downloads#res425276

⁶ The UK Biodiversity Action Plan
http://jncc.defra.gov.uk/ukbap

⁷ Scottish Biodiversity List
http://www.gov.scot/Topics/Environment/Wildlife-Habitats/16118/Biodiversitylist/SBL

Orkney Local Biodiversity Action Plan
http://www.orkney.gov.uk/Service-Directory/L/Local-Biodiversity-Plan.htm

Caithness Local Biodiversity Action Plan
http://www.caithnessbiodiversity.org.uk/

Sutherland Local Biodiversity Action Plan
http://www.sutherlandpartnership.org.uk/Sutherland-Partnership-Biodiversity-Group-g.asp

GENERAL POLICY 4D: LANDSCAPE AND SEASCAPE

Background and context

195 The Plan area features a wide range of landscapes and seascapes, which are fundamental elements of people's enjoyment of the coastal and marine environment. The quality of this coastal landscape has been recognised by national and local designations. The National Scenic Area ( NSA) in Orkney (Hoy and West Mainland) and along the north coast of Scotland (Kyle of Tongue) both recognise the outstanding scenic and landscape value of the area as a national resource to be protected and managed. In both areas the value of the coastal character is intrinsic to many of the Special Qualities of the NSA. Specifically in Orkney, the unique coastal character contributes to the Location Specific Qualities of the setting to Stromness. On a local level, Highland Council has five Special Landscape Areas in the PFOW area. The setting of the Heart of Neolithic Orkney World Heritage Site provides essential context for the site.

Key legislation and policy guidance

196 The recently completed wildness mapping by Scottish Natural Heritage ( SNH) has identified a series of Wild Land Areas ( WLA) ¹, which display consistently strong physical and perceptual attributes of wildness. The high sensitivity of this important resource is established through Scottish Planning Policy. WLA 41 Hoy centres on the central upland area of Hoy comprising Knap of Trowieglen and Withl Gill, extending west to incorporate the dramatic cliff coastline extending south between Rackwick and Little Rackwick. Along the north coast landscapes of Scotland, of the four WLAs that are defined in varying proximity to the coast: WLA 37 Foinaven - Ben Hee and WLA 40 Cape Wrath both have a coastal component. Citations with detailed descriptions and sensitivities for each WLA are currently being drafted by SNH.

197 The Scottish Government is committed to implementing the principles of the European Landscape Convention, which applies an 'all landscapes approach' and although it does not specifically define seascape this should be taken as meaning 'landscapes with views of the coast or sea and the adjacent marine environment with cultural, historical and archaeological links to each other'.

Current status

198 For the PFOW area the landscape and coastal character are assessed at a regional scale within the Orkney landscape character assessment (1988) ² and Caithness and Sutherland landscape character assessment (1998) ³ reports. These studies identify a series of landscape character types and island character areas, providing descriptions with a consideration of pressures for change and management guidance. This characterisation work can be used as an initial baseline to inform judgements on the capacity for the existing landscape and seascape to accommodate new development proposals which should be assessed for every proposed development. It should be noted that landscape and seascape can be perceived from the sea as well as from the land, e.g. from ferries, fishing boats, cruise liners and recreational vessels.

199 Established professional methodologies exist for the assessment of coastal character, landscape/seascape and visual impact assessment, and assessment of impact on national resources including the NSAs and WLAs.

Pressures

200 Development or use of the marine environment is not precluded but should take account of the effects on landscape, seascape and visual impacts, all of which will vary according to the type of activity, its location and its setting and any established sensitivities.

201 Landscape and seascape can be sensitive to inappropriate development and consenting authorities should ensure the potential effect, including the cumulative effect, of developments are considered when deciding planning applications, works licences and marine licences. Landscape and seascapes should be protected and managed from incremental change and developments that are inappropriate in both the type and siting of the development as well as aspect of scale and design.

General Policy 4D: Landscape and seascape

The siting and design of any proposed development(s) and/or activities should demonstrate how the proposal takes into account visual impact and existing character and quality of landscape and seascape.

Development(s) and/or activities that affect National Scenic Areas ( NSAs) and Special Landscape Areas ( SLAs) should only be permitted where:

• they will not adversely affect the integrity of the area or its special qualities for which it has been designated; or
• any significant adverse effects are clearly outweighed by social, environmental or economic benefits of national importance for NSAs and local importance for SLAs.

Scottish Planning Policy should be considered in both the planning and decision-making stages.

Justification

202 Landscape and seascape change is inescapable. The recognition of this often highly sensitive and valuable resource is translated into this policy, which aims to maintain and enhance the distinctive character in Orkney and the north Caithness and Sutherland coast, whilst facilitating positive change. Different landscapes and seascapes will have differing capacities to accommodate new development and the siting and design of development should be informed by local landscape and coastal character. Some of the most sensitive areas may have little or no capacity to accept new development and should be protected from inappropriate development. Careful planning and design should encourage innovative positive development, whilst avoiding or minimising adverse effects.

Supporting spatial information

Map 6: Protected areas designated for their special landscape value and nationally important Wild Land areas.

Future considerations

203 Consideration will need to be given to managing potential landscape/ seascape and visual impacts of commercial development of marine renewables and associated onshore infrastructure, such as sub-stations, both in terms of the scale and magnitude of change. Cumulative impacts, both within similar developments and between different types of development and those arising across the land/sea boundary (for example multiple sub-station developments associated with offshore renewables, onshore renewables and grid infrastructure upgrades) will need to be managed. Effective communication between different consenting authorities and organisations will be key to this. The impact of design in managing landscape/ seascape and visual impacts and associated potential conflicts between sectors should also be taken into account.

204 There will be ongoing lessons learned as new industries such as marine renewables develop and it is important that marine planning takes into account the ongoing professional development of methodologies for coastal and seascape characterisation and assessment. Of most direct relevance to this pilot Plan it should be noted that SNH's draft Coastal Character Assessment Methodology is about to go out for consultation.

Further information

¹ SNH Wild Land Area Map
http://www.snh.gov.uk/protecting-scotlands-nature/looking-after-landscapes/landscape-policy-and-guidance/wild-land/mapping/

² Land Use Consultants 1988. Orkney landscape character assessment. Scottish Natural Heritage Review No. 100.

³ Stanton, C. 1998 Caithness and Sutherland landscape character assessment. Scottish Natural heritage review No. 103.

Local Development Plans and Supplementary Guidance

Highland:
http://www.highland.gov.uk/info/178/local_and_statutory_development_plans/199/highland-wide_local_development_plan

Orkney:
http://www.orkney.gov.uk/Service-Directory/O/Orkney-Local-Development-Plan.htm

Scottish Planning Policy
http://www.gov.scot/Publications/2014/06/5823

Institute of Environmental Management and Assessment ( IEMA) and Landscape Institute - Guidelines for Landscape and Visual Impact Assessment
http://www.iema.net/news/glvia3-guidelines-now-available

Scottish Natural Heritage and the Countryside Agency - Guidance for Landscape Character Assessment
http://www.snh.org.uk/wwo/sharinggoodpractice/CCI/cci/guidance/Main/Content.htm

Scottish Natural Heritage - Information and Guidance
http://www.snh.gov.uk/protecting-scotlands-nature/looking-after-landscapes/

Scottish Natural Heritage Guidance on Landscape and Seascape and Siting of Marine Aquaculture Developments
http://www.snh.gov.uk/protecting-scotlands-nature/looking-after-landscapes/landscape-policy-and-guidance/landscape-planning-and-development/landscape-and-aquaculture/

GENERAL POLICY 4E: GEODIVERSITY

Background and context

205 The PFOW area is particularly rich in geodiversity. It comprises a variety of landscape and seabed features that contribute to our valued natural heritage resources. Its geological heritage is of significant scientific quality, which is of great educational value. It is also of particular importance in terms of its rarity and aesthetic appeal.

206 Geodiversity provides services such as freshwater and mineral resources; it helps regulate the climate and contributes to carbon sequestration and soil formation. It is therefore a key component of our marine and coastal ecosystems.

Information Box 11

Geodiversity is defined as a variety of geological environments, phenomena and processes that make those landscapes, rocks, minerals and soils, which in turn provide the framework for biodiversity. World class examples of geodiversity can be found in the North West Highlands Geopark.

Key legislation and policy guidance

207 Scotland's Geodiversity Charter ¹ sets out why geodiversity is important, and presents a vision that geodiversity is recognised as an integral and vital part of our environment, economy, heritage and future sustainability to be safeguarded for existing and future generations in Scotland.

Current status

208 Orkney and northern Caithness are largely made up of beds of siltstone and sandstone. These were laid down around 370 million years ago during the Devonian Age when the area was part of a vast freshwater lake and is therefore particularly rich in fish fossils. The whole of Sutherland is rich in geological variety, with rock formations spanning over 2,800 million years. North Sutherland is mainly composed of relatively soft schist and granulite, interspersed with harder rock masses. A number of designated sites such as Marine Protected Areas, Sites of Special Scientific Interest and Geological Conservation Review sites include geological interests (see Map 3 and NMPi).

209 Highland Council is a signatory to the Geodiversity Charter and supports the work of the North West Highlands Geopark.

Pressures

210 The pressures on marine geodiversity can be from developments such as cable laying, oil and gas developments and onshore elements of renewable energy developments. Climate change and sea-level rise can also erode geological features.

General Policy 4E: Geodiversity

Development and/or activities will only be supported by this Plan where they:

• do not have a significant adverse effect on geodiversity interests of international, national and regional/local importance
• provide mitigation to minimise any adverse effects on such features

Justification

211 Geodiversity contributes to a variety of essential provisioning services, e.g. water circulation and habitat for species, therefore its protection underpins most marine development and activities.

Supporting spatial information

Map 7: Bedrock geology of the Pentland Firth and Orkney Waters area.

Map 8: Seabed habitat in the Pentland Firth and Orkney Waters Plan area. Seabed habitats are classified according to the European Nature Information System ( EUNIS) habitat classification system.

Future considerations

212 Issues such as climate change and changing priorities may alter the approaches taken to protect geodiversity.

Further information

¹ Scotland's Geodiversity Charter
http://scottishgeodiversityforum.org/charter/

NW Highlands Geopark Geodiversity Audit and Action Plan 2013-2016
www.nwhgeopark.com/wp-content/uploads/GeodiversityAuditFinal.pdf

NW Sutherland Local Geodiversity Action Plan
http://www.sutherlandpartnership.org.uk/Theme-5-Natural-resources-g.asp

Scotland's Geodiversity: Development of the Basis for a National Framework
http://www.snh.gov.uk/publications-data-and-research/publications/search-the-catalogue/publication-detail/?id=1735

Assessing the Sensitivity of Geodiversity Features in Scotland's Seas to Pressures Associated With Human Activities
http://www.snh.gov.uk/publications-data-and-research/publications/search-the-catalogue/publication-detail/?id=2036

GENERAL POLICY 5A: WATER ENVIRONMENT

Background and context

213 The water environment (inland, coastal and marine) is an important asset that provides habitat to support wildlife and ecosystems. It is used as a resource for a wide range of activities such as fisheries, recreation, tourism, aquaculture and the energy industry.

214 It is important that the water environment is protected to ensure that the ecological and environmental quality is maintained and, where possible, improved. This protection should enable continued, sustainable use for wildlife and the wide range of other activities that take place in the water environment.

Key legislation and policy guidance

215 There are a number of key pieces of legislation that aim to ensure the sustainable management and protection of inshore and offshore waters.

216 The Water Framework Directive ( WFD) ¹ requires member states to achieve "good ecological status/potential" for all waters out to three nautical miles by 2015. The Scottish Environment Protection Agency ( SEPA) is responsible for producing, and has a major role in implementing, the River Basin Management Plans ( RBMPs) for the Scotland and the Solway Tweed River Basin Districts in co-ordination with a wide range of organisations with interests in the water environment. The RBMPs set out how river basin planning will be implemented and timescales for implementation. Where improvements are likely to take longer, then extended objectives deadlines can be set over two further river-basin planning cycles, to 2021 and 2027. For those water bodies currently at good or better status then the objective is to prevent deterioration.

217 The WFD was transposed into Scottish law by the Water Environment and Water Services (Scotland) Act ( WEWS) 2003 ². The Water Environment (Controlled Activities) (Scotland) Regulations 2011 ³ provide a mechanism for obtaining authorisation to carry out certain activities which may affect Scotland's water environment.

218 The Marine Strategy Framework Directive ( MSFD) ⁴ aims to achieve "good environmental status" ( GES) in Europe's seas by 2020. The Directive was transposed into Scottish law by the Marine Strategy Regulations 2010 ⁵. The MSFD assessments are carried out at subregion level, i.e. the Greater North Sea and the Celtic Seas. The MSFD and WFD overlap in coastal waters as the WFD extends out to 3 nautical miles and overlaps with MSFD in coastal waters. The MSFD includes coastal waters (as defined by WFD) and out to the extent of the UK jurisdiction.

Information Box 12

Water Framework Directive ( WFD)

The objectives of the WFD are to prevent deterioration and promote improvements in the water environment, in order that all water bodies achieve Good Ecological Status by 2015. River Basin Management Plans have been produced to help meet the aims of the Directive.

219 The Urban Waste Water Treatment Directive ⁶ sets out timetables for the implementation of appropriate treatment for sewage discharges which, for example, would require secondary treatment for all sizeable communities unless the discharge is to highly dispersive receiving waters.

220 The revised Bathing Water Directive (2006/7/ EC) ⁷ was translated into Scottish Law by The Bathing Waters (Scotland) Regulations 2008 ⁸ and requires SEPA to take water quality samples throughout the bathing season (1 June to 15 September). The results of these sampling programmes are reported and made available to the public ⁹.

221 The Water Environment (Shellfish Water Protected Areas: Designation) (Scotland) Order 2013 ¹⁰ aims to improve the quality of water where shellfish grow. In Scotland, SEPA is the competent authority for assessing and classifying Shellfish Water Protected Areas in accordance with the Scotland River Basin District (Quality of Shellfish Water Protected Areas) (Scotland) Directions 2015 ¹¹. The objective is to prevent deterioration of shellfish water quality, and aim to achieve good shellfish water quality, as set out in the Water Environment (Shellfish Water Protected Areas: Environmental Objectives etc.) (Scotland) Regulations 2013 ¹². There are three Shellfish Water Protected Areas in the PFOW area (Bay of Firth, Kyle of Tongue and Loch Eriboll).

222 Compliance with the Water Environment (Shellfish Water Protected Areas: Designation) (Scotland) Order 2013 in itself will not ensure the protection of public health, but their intention is to ensure that shellfisheries do not become contaminated thus adversely affecting the classification awarded by Food Standards Scotland ( FSS). Public health in relation to food is set down in directly applicable EU wide food hygiene regulation, for which FSS is the Competent Authority in Scotland, and it is implemented domestically under the Food Hygiene (Scotland) Regulations 2006 (as amended). Whilst food business operators are ultimately responsible for ensuring that only safe food is placed on the market, FSS is responsible for a wide range of official controls, including routine Escherichia coli monitoring which assist in determining the hygiene status of protected areas, where those areas have also been classified under food law by FSS.

Current status

223 Currently, all water bodies in the Plan area are at "good ecological status" and any development or use of the marine environment should not cause a deterioration in this status.

224 The three Shellfish Water Protected Areas in the PFOW area have been sampled for compliance and all had an overall pass result for the years 2011-2013.

225 The classification of shellfish harvesting areas can change and the most up-to-date information can be obtained by contacting the FSS. In October 2015, there were no harvesting areas in Orkney and Kyle of Tongue had a classification of 'A' for Pacific oysters. Category 'A' sites are of the highest standard and means that shellfish can go directly for human consumption.

226 Work undertaken by Scottish Water aims to protect and enhance the water environment through the most cost-effective and sustainable approach. This work is underpinned by sound science and evidence to ensure that only measures resulting in a measurable environmental benefit are undertaken. Scottish Water note that the selection of shellfish harvesting sites should consider the location of sewage discharges and water quality information available from SEPA and FSS.

227 There are European Commission designated Bathing Beaches at Dunnet Bay and Thurso ¹³. In 2013, both these sites met the more stringent guideline quality standards set out in the Bathing Waters Directive and the standard of these beaches should be maintained and, where possible, improved.

Pressures

228 The water environment is used for a wide variety of purposes, not all of which are compatible, e.g. shellfish harvesting areas and waste water treatment and discharge. The use and treatment of water is subject to strict regulation and water quality has improved over time.

229 The multiple uses of the water environment can cause issues, e.g. people taking part in water sports do not want the water to pose a risk to health. Careful planning is required to ensure that incompatible activities are not located in the same area, e.g. development of an incompatible activity near an established legitimate activity, such as a licensed discharge, may lead to requirements for enhanced levels of treatment above and beyond that agreed and set out in the licence.

General Policy 5A: Water environment

The Plan will support development(s) and/or activities in the marine environment when the proposal:

• does not cause any water body to deteriorate in status nor prevent the achievement of established objectives set out in the River Basin Management Plan for the Scotland river basin district
• contributes, where possible, towards objectives to improve the ecological status of coastal water bodies and the environmental status of marine waters
• does not cause deterioration in the standard of waters designated under European Commission Directives and national legislation
• is accompanied by sufficient information to enable a full assessment of the likely effects, including cumulative effects, on the water environment
• has taken into account existing activities in the proposed location for development and undertaken early consultation to ensure that activities that may not be compatible (e.g. development of an incompatible activity near an established legitimate activity, such as a licensed discharge) are not located together

Justification

230 The water environment is a vital habitat that supports a wide range of wildlife and ecosystems and is also used for a wide variety of purposes that are not always compatible. The water environment is strictly regulated by a range of legislative requirements. However, careful planning is required to ensure that, whenever possible, incompatible activities are not located together.

Supporting spatial information

Map 9: The water environment in the Pentland Firth and Orkney Waters area showing designated shellfish areas and designated water abstractions.

Future considerations

231 The use and treatment of water is subject to strict regulation and there are ongoing efforts to maintain and improve water quality. Future work on the WFD is expected to give more attention to transitional and coastal waters and this should be taken into account when developing regional marine plans.

Further information

¹ Water Framework Directive
http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32000L0060

² Water Environment and Water Services (Scotland) Act ( WEWS) 2003
http://www.legislation.gov.uk/asp/2003/3/contents

³ Water Environment (Controlled Activities) (Scotland) Regulations 2011
http://www.legislation.gov.uk/ssi/2011/209/contents/made

⁴ Marine Strategy Framework Directive
http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32008L0056

⁵ Marine Strategy Regulations 2010
http://www.legislation.gov.uk/uksi/2010/1627/contents/made

⁶ Urban Waste Water Directive
http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:31991L0271

⁷ Bathing Water Directive
http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32006L0007

⁸ The Bathing Waters (Scotland) Regulations 2008
http://www.legislation.gov.uk/ssi/2008/170/contents/made

⁹ Scottish Environment Protection Agency - Results of Bathing Water Sampling Programme
http://apps.sepa.org.uk/bathingwaters/Index.aspx

¹⁰ The Water Environment (Shellfish Water Protected Areas: Designation) (Scotland) Order 2013
http://www.legislation.gov.uk/ssi/2013/324/contents/made

¹¹ Scotland River Basin District (Quality of Shellfish Water Protected Areas) (Scotland) Directions 2015
http://www.gov.scot/Publications/2015/03/8135/downloads

¹² Water Environment (Shellfish Water Protected Areas: Environmental Objectives etc.) (Scotland) Regulations 2013
http://www.legislation.gov.uk/ssi/2013/325/contents/made

¹³ SEPA Bathing Water Reports
http://www.sepa.org.uk/media/143136/sepa_bathing_waters_2014-15_web.pdf

SEPA Site Data for Shellfish Water Protected Areas
https://www.sepa.org.uk/environment/water/monitoring/protected-areas/shellfish-site-reports/

GENERAL POLICY 5B: COASTAL PROCESSES AND FLOODING

Background and context

232 The marine, and particularly coastal, environments are highly dynamic systems. There are strong connections between physical processes within the coastal zone and the management of flood and erosion risks. As a result, there are close links between climate change adaptation to manage the flooding and erosion effects of sea-level rise.

233 Whilst this part of Scotland has experienced submergence for millennia, climate change projections suggest that future rates of sea-level rise in this part of Scotland may, in the coming decades, approach rates not experienced here for several thousand years. In addition, exposure to extreme weather and sea conditions means that a number of coastal settlements and other assets within the coastal zone are particularly vulnerable to coastal erosion and flooding. Sea levels are already rising in the PFOW area and the anticipated increased rate of rise is expected to cause more erosion and exacerbate the effects of storm surges and localised marine flooding.

234 Coastal erosion is being recognised as an important issue in Scotland at both national and local levels. It mainly affects our soft shorelines and can have both negative and positive effects. It can lead to loss of land and increasing flooding risk, with significant economic and social costs. It also releases coastal sediment to augment the sediment supply to natural and man-made coastal defences and maintains important habitats. On much of the soft shoreline, natural landforms make up the coastal defences; they depend on this supply of sediment. On defended coasts, intertidal sediments enhance the resilience of these defences. Conflict arises when coastal erosion causes instability adjacent to assets which are (or are perceived to be) static or fixed.

Key legislation and policy guidance

235 Responsible authorities under the Flood Risk Management (Scotland) Act 2009 ¹ and the Water Environment and Water Services (Scotland) Act 2003 ² have a duty to manage flood risk. These responsibilities enable planning authorities to help meet the requirements of the Water Framework Directive ³. Ensuring close co-ordination between physical works, such as defences or marine developments, in coastal areas and action to manage flood risk is essential.

Information Box 13

Flood Risk Management Act 2009

The Flood Risk Management Act aims to reduce the adverse consequences of flooding on communities, the environment, cultural heritage and economic activity. It provides:

• a framework for coordination and cooperation between all organisations involved in flood-risk management
• assessment of flood risk and preparation of flood-risk management plans
• new responsibilities for Scottish Environment Protection Agency, Scottish Water and local authorities in relation to flood-risk management
• a revised, streamlined process for flood-protection schemes
• new methods to enable stakeholders and the public to contribute to managing flood risk
• a single enforcement authority for the safe operation of Scotland's reservoirs

236 Coastal erosion and flood risk will be included in the strategic appraisal of flood-risk management measures that SEPA is carrying out under the Flood Risk Management Act. This appraisal will identify areas that have a significant risk of coastal flooding in accordance with the Flood Risk Framework in Scottish Planning Policy (2014).

237 Scottish Planning Policy ⁴ sets the national framework for considering developments at risk of flooding. It promotes a precautionary approach to flood risk from all sources. It advocates flood avoidance, by safeguarding flood storage and conveying capacity, along with flood reduction measures, such as Sustainable Drainage Systems ( SuDS). SEPA has produced indicative maps ⁵, available on their website, which show areas that are potentially at risk from flooding.

238 Development proposals that have the potential to alter the coast are also subject to screening under the Environmental Impact Assessment (Scotland) Regulations 1999 ⁶ and the Marine Works ( EIA) Regulations 2007 ⁷ (as amended).

239 Whilst acknowledging the link to erosion-induced flooding, areas which experienced coastal erosion in the past, and are expected to be susceptible to future erosion, are being investigated within the National Coastal Change Assessment ( NCCA) (see below). The NCCA uses a similar approach as Shoreline Management Plans which will support this Plan and linked terrestrial plans (e.g. Local Development Plans) to consider management policies and approaches to encourage adaptation and enhance resilience.

240 Locally, both the Orkney and Highland Local Development Plans have policies that support flood avoidance. In Orkney, a Strategic Flood Risk Assessment has been undertaken that supports the identification of flood-risk areas in more detail. In Highland, the Council has adopted supplementary guidance on flood risk that outlines how proposals that may be at risk of flooding, or cause flooding, will be considered.Development applications on the coast may require to be supported by a Flood Risk Assessment.

Current status

241 Around 12% of the Scottish coastline is recognised as in a state of erosion. Work has commenced on the National Coastal Change Assessment project, which focuses on erosion patterns in Scotland, including two pilot zones one of which will be in the PFOW area. This is an inter-agency research project to establish an evidence base to better enable sustainable development along our extensive coastal zone.

242 In Orkney, almost a third of important archaeological sites are either being damaged by, or are at risk from, coastal erosion, and Sanday beach in Orkney has eroded significantly over the last few years. Buildings and gardens are under threat in Thurso Bay, and some coastal footpaths require ongoing monitoring and maintenance. Whilst natural landforms protect a large amount of assets, within more developed areas, seawalls and rock armour are often used to protect roads, paths and buildings from the effects of both erosion and flooding.

243 Local authority plans have identified actions to alleviate flooding, including preparation of Flood Risk Management Plans. For example, there are proposals to redesign the Thurso boating pond to help manage flood events.

Pressures

244 Climate change poses the main risk to increased rates for erosion and flooding. Associated wind and wave conditions may prove particularly challenging for wave and tidal devices and aquaculture. New developments such as large areas of reclaimed land to increase harbour lay-down areas may contribute to coastal squeeze or changing sediment patterns. Parts of existing development and infrastructure may also be particularly vulnerable to erosion and flooding. Orkney's rich archaeological heritage is already under threat but the damage is likely to increase over the next few decades.

General Policy 5B: Coastal processes and flooding

The Plan will support proposals for development and/or activities, including any linked shore-base requirements, that demonstrate, potentially by way of a flood risk assessment:

• compliance with Scottish Planning Policy
• that they will not exacerbate present or future risks of flooding or erosion
• that sensitive uses, such as accommodation, should generally not be located in areas shown to be at risk of flooding unless appropriate measures are in place
• how resilience and adaptation strategies have been incorporated within proposed developments over their lifetime to adapt to the effects of climate change, coastal erosion and coastal flooding

Any development must not compromise the objectives of the Flood Risk Management Act.

Justification

245 Responsible authorities have a duty to manage and reduce flood risk under the Flood Risk Management (Scotland) Act 2009 and the Water Environment and Water Services (Scotland) Act 2003.

Supporting spatial information

246 This policy is not supported by specific spatial information as it changes regularly. Up-to-date mapping can be found on the SEPA website; details are in the Further Information section.

Future considerations

247 Over the next few generations, significant increased investment is likely to be required to manage the effects of coastal change and elevated sea levels. The new National Coastal Change Assessment project discussed above will make a significant contribution to our understanding of the issues arising. Subsequent regional marine plans may be able to provide more detailed flooding and erosion assessments based on emerging work by various agencies.

Further information

¹ Flood Risk Management (Scotland) Act 2009
http://www.legislation.gov.uk/asp/2009/6/contents

² Water Environment and Water Services (Scotland) Act ( WEWS) 2003
http://www.legislation.gov.uk/asp/2003/3/contents

³ Water Framework Directive
http://eur-lex.europa.eu/resource.html?uri=cellar:5c835afb-2ec6-4577-bdf8-756d3d694eeb.0004.02/DOC_1&format=PDF

⁴ Scottish Planning Policy
http://www.gov.scot/Publications/2014/06/5823

⁵ SEPA Flood Maps
http://www.sepa.org.uk/flooding/flood_maps.aspx

⁵ SEPA's Land Use Vulnerability Guidance
http://www.sepa.org.uk/media/143416/land-use-vulnerability-guidance.pdf

⁶ Environmental Impact Assessment (Scotland) Regulations 1999
http://www.legislation.gov.uk/ssi/1999/1/contents/made

⁷ Marine Works ( EIA) Regulations 2007 (as amended)
http://www.legislation.gov.uk/uksi/2007/1518/contents/made

SEPA's Technical Flood Risk Guidance for Stakeholders
http://www.sepa.org.uk/media/162602/ss-nfr-p-002-technical-flood-risk-guidance-for-stakeholders.pdf

SNH Coastal Erosion Guidance
http://www.snh.gov.uk/about-scotlands-nature/rocks-soils-and-landforms/coasts/erosion/

Rennie, A.F. & Hansom, J.D. (2011)
Sea level trend reversal: Land uplift outpaced by sea level rise on Scotland's coast. Geomorphology, 125, 193-202

Highland Council Supplementary Guidance
http://www.highland.gov.uk/info/178/local_and_statutory_development_plans/213/supplementary_guidance/12

Coastal Flooding In Scotland: A Guidance Document for Coastal Practitioners
http://www.crew.ac.uk/publications/coastal-flooding-scotland-guidance-document-coastal-practitioners

Coastal Erosion Susceptibility Model: data will be available in due course

GENERAL POLICY 6: HISTORIC ENVIRONMENT

Background and context

248 The historic environment includes all aspects of the environment resulting from the interaction between people and places through time, including all surviving physical remains of past human activity, whether visible, buried or submerged. It can be described as "the cultural heritage of places". The PFOW area has an exceptionally rich marine and coastal historic environment, which plays a vital role in the culture, infrastructure and economy of the region. The historic environment in Orkney is internationally renowned, whilst the northern Caithness and Sutherland coasts have a wealth of historic assets. The archaeology, designed landscapes, historic settlements, buildings and structures distributed throughout the area are abundant and, in many cases, represent a world-class resource.

249 The Plan area has an extensive range of heritage sites both above and below the low water mark, made up of a wide variety of site types from shipwrecks to submerged prehistoric landscapes. The conservation requirements and development implications of each type of site is different; it is important to understand the nature and conservation requirements of each type of site in order to understand the effect development may have (see Further information for more details).

Key legislation and policy guidance

250 The historic environment is recognised as an important resource by policy and legislation at all levels. The UK is a signatory to a number of international treaties regarding the preservation of cultural heritage, notably the European Convention on the Protection of the Archaeological Heritage (the 'Valletta Convention') and the UNESCO World Heritage Convention, which established the concept of World Heritage Sites. General duties to protect and enhance the historic environment are set out in the UK Marine Policy Statement, National Marine Plan in Scotland, and Scottish Planning Policy, which obliges planning authorities to have regard for archaeology when assessing applications.

251 At the UK and Scottish level, a range of legislation exists to protect specific sites within the historic environment, including the Marine (Scotland) Act 2010 ¹, the Ancient Monuments and Archaeological Areas Act 1979 ² (as amended), the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 ³ (as amended), and the Protection of Military Remains Act 1986 ⁴ (as amended). Further non-statutory designations exist within the planning system. There are also provisions within the Marine (Scotland) Act 2010 and the Merchant Shipping Act 1995 ⁵ governing the removal of wrecks from the seabed which may offer protection to the marine historic environment. Protection of the historic environment is also established in other policies and guidance, such as the Crown Estate's lease conditions and codes of practice for recreational wreck divers.

Information Box 14

Definitions of key terms

A heritage asset is a site with archaeological, architectural, artistic or historic significance.

Significance is the importance of the site in archaeological, architectural, artistic, historic, traditional, aesthetic, scientific or social terms.

Understanding the type of significance a site has is crucial to its good management.

Setting is the way in which the surroundings of a heritage asset contribute to how it is experienced, understood and appreciated, and forms an important part of its significance.

Adverse effects or impacts are effects of a development which are harmful to its significance. These can be direct, indirect or cumulative.

Mitigation describes measures taken to reduce adverse impacts on a site, and include preservation in situ and preservation by record.

Table 3: Different types of heritage asset designation.

Relevant legislation/policy	Consenting authority	Statutory	Terrestrial/Marine	Designation
Marine (Scotland) Act 2010	Marine Scotland/ OIC	Y	Marine	Historic Marine Protected Areas
Ancient Monuments and Archaeological Areas Act 1979 (as amended)	Historic Environment Scotland	Y	Terrestrial & marine	Scheduled Ancient Monuments
Planning (Listed Buildings and Conservation Areas)(Scotland) Act 1997 (as amended)	Local authority	Y	Terrestrial	Listed buildings
Protection of Military Remains Act 1986 (as amended)	Ministry of Defence	Y	Terrestrial & marine	Protected Places
Protection of Military Remains Act 1986 (as amended)	Ministry of Defence	Y	Marine	Controlled Sites
Planning (Listed Buildings and Conservation Areas)(Scotland) Act 1997 (as amended)	Local authority	Y	Terrestrial	Conservation areas
Ancient Monuments and Archaeological Areas Act 1979 (as amended)	No additional consents required, but Historic Environment Scotland consulted	Y	Terrestrial	Gardens & Designed Landscapes
Ancient Monuments and Archaeological Areas Act 1979 (as amended)	No additional consents required, but Historic Environment Scotland consulted	Y	Terrestrial	Battlefields
UNESCO World Heritage Convention	(No additional consents required)	N	Terrestrial & marine	World Heritage Sites
Supplementary Guidance: Listed Buildings and the Orkney Local List	Orkney Islands Council	N	Terrestrial	Orkney Local List

Current Status

252 The understanding and management of the historic environment relies on the accurate recording of heritage assets in publicly-accessible databases. Historic Environment Scotland maintains a national database known as Canmore, which holds records on historic sites in Scotland and UK waters adjacent to Scotland. Note that the majority of the marine historic environment is documented approximately at best, particularly for certain site types such as older wrecks and submerged prehistoric landscapes. Records are also held by local authorities in the Orkney Sites and Monuments Record and the Highland Historic Environment Record.

253 Much of the daily activity and economy of the communities living around the Plan area directly involves the historic environment. All of the major population centres around the Plan area, and the majority of smaller ones, are historic coastal settlements. Here in particular the historic environment co-exists with, and supports, a variety of industries and commercial activities, from tourism to retail and light industry, as well as housing a large proportion of the local community. Historic harbours, causeways and lighthouses are essential to the economic and transport infrastructure of the area.

Information Box 15

The historic environment is a major driver of tourism in the area: in 2013-14 approximately 1800 dive tourists visited Orkney, and staffed Historic Environment Scotland sites adjacent to the Plan area recorded 90,970 visits.

Pressures

254 Whilst the large number of visitors to historic sites in and around the Plan area brings many benefits, it also creates pressures. Theft and vandalism are growing concerns, and the number of visitors to key tourist attractions, such as Skara Brae, creates challenges for the management of these sites. Human activity near historic sites can also create pressures by affecting settings of monuments. Careful management of development at sea and in harbour areas so as to avoid or minimise adverse impacts on the settings of heritage assets is an ongoing responsibility. Requirements of navigation can also have detrimental effects on heritage assets or their settings, through activities such as dredging and the visibility requirements of new structures in the marine environment.

255 The historic environment in the Plan area is also affected by pressures from the natural environment, primarily from climate change. The increased frequency and intensity of storm events is placing coastal heritage sites under unprecedented threat, as structures and archaeology are damaged and destroyed on an annual basis, often before they can be properly recorded. Flooding events also place the historic environment under strain, as has been experienced in Kirkwall and St Margaret's Hope in recent years.

General Policy 6: Historic environment

Development(s) and/or activities with potential to have an adverse effect on the archaeological, architectural, artistic or historic significance of heritage assets, including their settings, will be expected to demonstrate that all reasonable measures will be taken to mitigate any loss of significance, and that any lost significance which cannot be mitigated is outweighed by social, economic, environmental, navigation or safety benefits.

Preservation in situ will always be the preferred form of mitigation. The results of any mitigation measures must be published in an agreed format, and all supplementary material lodged with an agreed publicly accessible archive.

Heritage assets of very high significance should be protected from all but minor adverse effects to their significance unless there are overwhelming social, economic or environmental benefits from the development(s) and/or activities. For these sites the highest levels of mitigation will be required. This includes sites where there is a substantial likelihood of the survival of human remains, and protected sites identified in Table 3.

For those sites which are designated, licences or consents are likely to be required from the relevant authority before the commencement of development(s) and/or activities. Receiving these consents may be a condition of marine licence approval. Proposals for development(s) and/or activities that may affect the historic environment should provide information on the significance of known heritage assets and the potential for new discoveries to arise. They should demonstrate how any adverse impacts will be avoided, or if not possible minimised and mitigated. Where it is not possible to minimise or mitigate impacts, the benefits of proceeding with the proposal should be clearly set out.

Justification

256 The historic environment is recognised as intrinsically important, both for what it can teach us about the previous inhabitants of our landscapes and for the emotional connection it can provide to those who have lived before us. It also houses the population, drives tourism and is crucial for maintaining transport links and other key infrastructure. It enables world-class archaeological and historical research to happen locally, and is central to the cultural imagination and self-identity of local communities in the region. Its importance is recognised in the Scottish Government's Historic Environment Strategy for Scotland, and in numerous international charters to which the UK is a signatory, Acts of the UK and Scottish Parliaments, and local authority policies in Highland and Orkney.

257 The chosen policy model, based in the first instance on the significance of heritage assets rather than designations, reflects the low level of current understanding of the marine historic environment. The majority of vessels lost off Scotland's coasts have never been located, and palaeo-environmental research is still in its early stages. This means that, when planning developments in the Plan area, a real likelihood exists of discovering previously unknown (and undesignated) heritage assets, which may be of very high significance. A precautionary approach is therefore necessary. In addition, a significance-based policy will ensure that mitigation required is proportionate and effective, with decisions based on sound evidence and analysis, therefore supporting sustainable economic growth. Over the long term, it is anticipated that taking this approach would lead to significant new research into the marine historic environment as a result of development in the Plan area, leading to greater understanding of the resource which will enable more informed assessment of future proposals.

Supporting spatial information

Map 10: This map shows designated historical environment sites including World Heritage Sites, Scheduled Monuments, Listed Buildings, Gardens and Designed Landscapes and Conservation Areas. This map does not show listed buildings within the Conservation Areas, the location of these listed buildings can be viewed on National Marine Plan interactive.

Map 11: Submerged archaeology in the Pentland Firth and Orkney Waters area.

Future considerations

258 Climate change is already causing profound change to the coastal archaeology of the Plan area, and this is likely to get worse over time. The requirement for protection of key sites and for excavation and recording capacity to keep pace with the rate of loss of heritage assets may have implications for future development.

259 There are currently no Historic Marine Protected Areas ( HMPA) in the Plan area although one may be created in Scapa Flow during the lifetime of the Plan, subject to formal consultation processes. If created, this would require consenting bodies (including the harbour authority) to make decisions in accordance with the preservation objectives of the HMPA and any Marine Conservation Orders pertaining to it. This would enhance the protection of the marine historic environment, whilst giving clarity to developers about expectations for proposals.

260 In addition, as research into the marine historic environment continues, greater understanding of the marine archaeological resource, in particular submerged prehistoric landscapes, is likely to further improve the assessment of development proposals over time.

261 There is scope to produce more detailed guidance on the legislative framework, conservation requirements and implications for development of the marine and coastal historic environment to supplement this Plan.

Further information

Legislation and Policy

¹ Marine (Scotland) Act 2010
http://www.legislation.gov.uk/asp/2010/5/contents

² Ancient Monuments and Archaeological Areas Act 1979 (as amended)
http://www.legislation.gov.uk/ukpga/1979/46/contents

³ Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (as amended):
http://www.legislation.gov.uk/ukpga/1997/9/contents

⁴ Protection of Military Remains Act 1986 (as amended)
http://www.legislation.gov.uk/ukpga/1986/35

⁵ Merchant Shipping Act 1995
http://www.legislation.gov.uk/ukpga/1995/21/contents

The Marine Historic Environment Strategy for the Protection, Management and Promotion of Marine Heritage 2012-2015
http://www.historic-scotland.gov.uk/marine-strategy-2012-15.pdf

Supplementary Planning Guidance: Heart of Neolithic Orkney World Heritage Site (Orkney Islands Council, 2010)
http://www.orkney.gov.uk/Service-Directory/R/heart-of-neolithic-orkney-world-heritage-site-spg.htm

Supplementary Guidance: Listed Buildings and the Orkney Local List (Orkney Islands Council, 2011)
http://www.orkney.gov.uk/Service-Directory/R/listed-buildings-and-the-orkney-local-list.htm

Scottish Historic Environment Policy (Historic Scotland, 2011)
http://www.historic-scotland.gov.uk/shep-dec2011.pdf

Guidance

Historic Environment Guidance for Wave and Tidal Energy (Firth, 2013)

http://www.historic-scotland.gov.uk/wave-tidal-energy-guidance-nov-13.pdf

Model Clauses for Archaeological Written Schemes of Investigation: Offshore Renewables Projects (Crown Estate, 2010)
http://www.thecrownestate.co.uk/media/5514/model-clauses-for-archaeological-written-schemes-of-investigation.pdf

Protocol for Archaeological Discoveries: Offshore Renewables Projects (Crown Estate, 2014)
http://www.thecrownestate.co.uk/media/148964/ei-protocol-for-archaeological-discoveries-offshore-renewables-projects.pdf

Standard and Guidance for Nautical Archaeological Recording and Reconstruction (Institute for Archaeologists, 2013) http://www.archaeologists.net/sites/default/files/CIfAS&GNautical_1.pdf

Code of Practice for Wreck Divers ( BSAC)
http://www.bsac.com/core/core_picker/download.asp?id=10203

Historic Marine Protected Areas - A Guide for Visitors, Investigators and Managers (Historic Scotland)
http://www.historic-scotland.gov.uk/historic-mpa-guidelines.pdf

Data sources and supplementary information

Highland Historic Environment Record
http://her.highland.gov.uk/

Orkney Archaeology Society
http://orkneyarchaeologysociety.org.uk/index.php/information/orkney-archaeology

Aviation Research Group Orkney & Shetland
http://crashsiteorkney.com/

Project Adair
http://www.rcahms.gov.uk/rcahms-projects/project-adair

Canmore
http://canmore.rcahms.gov.uk/

Northern Lighthouse Board
http://www.nlb.org.uk/

Rising Tides Project
http://www.st-andrews.ac.uk/tzp/rising_tides.html

GENERAL POLICY 7: INTEGRATING COASTAL AND MARINE

DEVELOPMENT

Background and context

262 Taking an integrated approach to the management of coastal and marine development is essential to avoid potential adverse effects on the coastal and marine environment. Decision-makers and developers need to take account of both the marine and terrestrial elements of any development so that any direct and cumulative adverse effects can be avoided or appropriately mitigated.

263 Port and harbour, marine renewable energy and aquaculture developments, for example, often incorporate marine and terrestrial components with a potential requirement for multiple licences and consents. Marine licensing is required in the marine area up to mean high water springs and terrestrial planning control extends to mean low water springs, therefore, there is an overlap of consenting requirements in the intertidal zone. As a result, for certain developments there might be a need for both a marine licence and planning permission (e.g. electricity transmission cables connecting an offshore renewable energy array to the shore). In the case of renewable energy developments there could also be a requirement for a section 36 consent (Marine Scotland Licensing Operations Team) and decommissioning plan with a supporting bond (Department of Energy and Climate Change). Additionally, developments within the Orkney Harbour Area may require a works licence. General Policy 7: Integrating coastal and marine development aims to provide greater clarity and coordination of the various licensing and consent requirements for consenting authorities, developers and wider stakeholders.

264 Details of licensing and consent requirements are set out in Section 2 How to Use the Plan.

Key legislation and policy guidance

265 All public authorities taking authorisation or enforcement decisions that affect or might affect the UK marine area must do so in accordance with the UK Marine Policy Statement, Scotland's National Marine Plan and any subsequent regional marine plan, unless relevant considerations indicate otherwise. This applies to, but is not limited to, decisions on marine licensing, section 36 consent and terrestrial planning applications and enforcement.

266 Public bodies must have regard to the UK Marine Policy Statement and relevant Marine Plans when making decisions which are capable of affecting the UK marine area which are not enforcement or authorisation decisions. This applies to the preparation and adoption of local development plans and to other terrestrial planning functions.

267 The EU Environmental Impact Assessment ( EIA) Directive ¹, transposed into a variety of UK and Scottish legislation, applies to onshore and offshore developments identified in Annex 1 or 2 of the Directive. Its purpose is to ensure that the environmental effects of development are appropriately assessed, addressed and mitigated through the relevant consenting process.

268 Licensable marine activities that form part of a development proposal may require Environmental Impact Assessment under the Marine Works ( EIA) Regulations 2007 ² (as amended) and/or the Electricity Works ( EIA) (Scotland) Regulations 2000 ³ (as amended). Developments that require planning permission under the Town and Country Planning (Scotland) Act 1997 ⁴ (as amended), depending on their size and location, may require an EIA under the Environmental Impact Assessment (Scotland) Regulations 2011 ⁵.

269 Pre-screening consultation with Marine Scotland's Licensing Operations Team ( MS- LOT) and the local planning authority is expected for developments that include marine and terrestrial components. In the case of works associated with a development that does not require an EIA in its own right, for example an electricity substation, it is expected that the EIA undertaken for the electricity generation would include these associated works.

270 Planning Circular 1/2015 The relationship between the statutory land use planning system and marine planning and licensing, sets out further guidance ⁶.

Current status

271 The marine renewable energy projects currently being developed in the Pentland Firth and Orkney Waters all have marine and terrestrial components that will require various consents and supporting impact assessments. Equally, port and harbour developments to support growing economic sectors are likely to encounter these complex consenting issues. The following sections consider the marine and terrestrial consenting issues for these two key growth sectors that are likely to be developed across the intertidal zone within the Plan area.

Renewable energy developments

272 In addition to a Marine Licence and/or section 36 consent, consents may be required from other regulatory bodies such as local planning authorities, harbour authorities and the Scottish Environment Protection Agency. These bodies are expected to liaise closely to ensure that the various impact assessments and consents are delivered in an efficient and streamlined manner. To assist in tackling complex issues and/or to resolve areas of dispute anytime in the application process prior to determination, MS- LOT may decide to bring together a Marine Renewables Facilitators Group ( MRFG). Further information on MRFGs is provided in Sectoral Policy 4: Renewable energy.

Port and harbour developments

273 Port and harbour developments within Harbour Areas may require a Marine Licence and/or planning permission depending on the proposal. Statutory Harbour Authorities may benefit from permitted development rights in classes 29 or 35 of the Town and Country (General Permitted Development) (Scotland) Order 1992 ⁷ (as amended).

274 Improvements to ports and harbours may require the harbour authority to apply to Scottish Ministers for additional powers through a Harbour Revision Order under the Harbours Act 1964 ⁸. Planning authorities are statutory consultees in this process. The various consenting bodies are expected to liaise closely to ensure that the various impact assessments and consents are delivered in an efficient and streamlined manner.

Pressures

275 Given the aspiration to sustainably develop key sectors including marine energy sector and aquaculture within the Plan area, there is potential for significant direct and cumulative impacts on sensitive coastal areas. Marine development is often dependant on land-based infrastructure including harbours, electricity substations or operation and maintenance bases.

General Policy 7: Integrated coastal and marine development

For development(s) and/or activities that require multiple licences, permissions and/or consents, applicants should undertake early preapplication engagement with the consenting authorities and relevant stakeholders.

For development(s) and/or activities that require an Environmental Impact Assessment and multiple licences, permissions and/or consents, applicants should produce a Consultation Strategy at the scoping stage.

Where appropriate, proposals for construction projects should be supported by a construction environmental management plan which covers both the terrestrial and marine environment.

MS- LOT and other relevant consenting authorities should consult one another at an early stage to improve the efficiency of the consenting process and, where appropriate, coordinate and streamline the various consenting requirements.

Justification

276 The coastal and intertidal zones are areas of significant economic, ecological, recreational and landscape value. To protect these important resources the various regulatory requirements within these areas need to be coordinated to ensure that the potential impacts of development and activities are appropriately assessed and addressed. This policy aims to support an integrated approach to the authorisation of development in coastal areas and efficient consenting processes.

Supporting spatial information

Map 12: The Orkney Islands Council and Highland Council jurisdictions, the Plan area and the overlap of jurisdiction in the intertidal zone.

Future considerations

277 Future regional marine planning for Orkney and the North Coast will play an important role in coordinating coastal and marine development and activities. Further initiatives should be explored to support the integration of marine and terrestrial planning policy and the activities of regulators.

Further information

¹ EU Environmental Impact Assessment ( EIA) Directive
http://ec.europa.eu/environment/eia/home.htm

² Marine Works ( EIA) Regulations 2007 (as amended)
http://www.legislation.gov.uk/uksi/2007/1518/made

³ Electricity Works ( EIA) (Scotland) Regulations 2000
http://www.legislation.gov.uk/ssi/2000/320/contents/made

⁴ Town and Country Planning (Scotland) Act 1997
http://www.legislation.gov.uk/ukpga/1997/8/contents

⁵ Environmental Impact Assessment (Scotland) Regulations 2011
http://www.legislation.gov.uk/ssi/2011/139/pdfs/ssi_20110139_en.pdf

⁶ Planning Circular 1/2015 The relationship between the statutory land use planning system and marine planning and licensing
http://www.gov.scot/Publications/2015/06/5851/downloads

⁷ Town and Country (General Permitted Development) (Scotland) Order 1992 (as amended)
http://www.gov.scot/Topics/Built-Environment/planning/Development-Management/Permitted-Development

⁸ Harbours Act 1964
http://www.legislation.gov.uk/ukpga/1964/40/contents

Guidance on the Electricity Works ( EIA) (Scotland) Regulations 2000
http://www.gov.scot/Topics/Business-Industry/Energy/Infrastructure/Energy-Consents/Guidance/EIA-Guidance

Guidance on the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2011
http://www.gov.scot/Publications/2011/06/01084419/0

GENERAL POLICY 8A: NOISE

Background and context

278 Noise and vibration has the potential to disturb, or be damaging to, a number of species. The full extent of this type of damage for some species is still relatively unknown at either an individual or population level and there is ongoing research to fill these data gaps.

279 Anthropogenic noise emitted within the marine environment has the potential to mask biologically relevant signals, can lead to a variety of behavioural reactions, affect hearing organs, and injure or even kill marine life. Sources of concern include explosions, shipping, seismic surveys, offshore construction and offshore industrial activities, e.g. dredging, drilling and piling, sonar of various types and acoustic deterrents.

280 The Marine Policy Statement ¹ notes that noise from marine activities can also affect people. This could occur when a noisy activity associated with a development takes place close to shore e.g. piling or an increase in shipping traffic in the vicinity.

281 An EU Directive on Environmental Noise ( EU 2002/49/ EC) ² that deals with noise impacts on people is currently under review. Excessive noise can have wide-ranging impacts on the quality of human life, health, and use and enjoyment of areas, including those areas with high visual quality. Its impact therefore needs to be considered and managed appropriately.

Key legislation and policy guidance

282 In accordance with the Marine Strategy Framework Directive ( MSFD) ³, the Scottish Government is required to address the potential impacts of underwater noise, one of the descriptors of Good Environmental Status. The descriptor is stated as "the introduction of energy, including underwater noise, is at levels that do not adversely affect the marine environment".

283 As part of the data collection to monitor noise for the Marine Strategy Framework Directive, Marine Scotland's Licensing Operations Team sends records on noisy activities (piling, explosives and Acoustic Deterrent Devices) to the Joint Nature Conservation Committee ( JNCC) to contribute to a Noise Registry that will be the national recording programme for anthropogenic noise in the marine environment.

284 JNCC have guidelines for minimising the risk of injury and disturbance to marine mammals from underwater explosive seismic surveys ^{4, 5} and piling ⁶.

285 Marine Scotland have published guidance ⁷ for Scottish Inshore Waters in relation to 'The Protection of Marine European Protected Species from Injury and Disturbance'. An evaluation of the effectiveness of Acoustic Deterrent Devices and other non-lethal measures on marine mammals has also been published by Marine Scotland ⁸.

286 The National Physical Laboratory Good Practice Guide No. 133 provides guidance ⁹ on best practice for in situ measurement of underwater sound, for processing the data and for the measurements using appropriate metrics.

Current status

287 An EU Directive on Environmental Noise that deals with noise impacts on people is currently under review.

288 Some developers are required to monitor noise and information on the type, level and duration of noise (both underwater and above water) expected to be generated throughout all stages of the development. Developers may be required to implement noise mitigation measures if the noise level is considered too high.

289 Noise mitigation measures could include marine mammal observers and passive acoustic monitoring, location of noise generating devices away from sensitive receptors, controlling noise generating activities during sensitive periods (i.e. breeding, rearing, migration), eliminating or controlling noise at source by enclosing or insulating the noise and routing ship movements away from sensitive receptors where feasible.

290 For some species there is limited information on the effect that noise can have and there is ongoing research to fill some of these knowledge gaps.

Pressures

291 Developers need to consider whether there is potential to affect a European Protected Species ( EPS) such as otters or cetaceans and if so, what mitigation measures can be applied to avoid committing an offence, failing which, there would be a need to apply for an EPS licence.

292 The potential impact on all marine receptors therefore needs to be considered and managed appropriately. Licence applications that include noise activity would need to assess this and the risk to marine species.

General Policy 8A: Noise

This Plan will support development(s) and/or activities in the marine environment where:

• developers have avoided significant adverse effects:
  • of man-made underwater noise and vibration on species sensitive to such effects
  • of man-made noise, vibration and/or disturbance on the amenity of local communities and marine users
• applications for marine development(s) and/or activities that are likely to have significant noise impacts (on sensitive species and/or people) include a noise impact assessment or supporting information to describe the duration, type and level of noise expected to be generated at all stages of the development (construction, operation, decommissioning)
• mitigation measures are in place to minimise the adverse impacts associated with the duration and level of significant noise activity
• the cumulative effects of noise in the marine environment and on local communities have been assessed
• developers have considered whether the level of surface or underwater noise has the potential to affect a European Protected Species ( EPS) and have noted that any development(s) and/or activities which have the potential to disturb an EPS (otters, cetaceans) will require an EPS licence
• developers have consulted with the local planning authority, Marine Scotland and Scottish Natural Heritage in relation to potential noise impacts as early as possible in the design and development of any marine-related project

Justification

293 Noise and vibration has the potential to disturb, or be damaging to, a number of species in the marine environment. There is also potential to have an adverse impact on the amenity of local communities and marine users. These impacts need to be taken into account at an early stage and mitigation measures put in place to minimise the impact.

294 There is a need to record levels of underwater noise to contribute to the aim of achieving Good Environmental Status for this descriptor under the Marine Strategy Framework Directive.

Supporting spatial information

295 There is no specific spatial information to support this policy.

Future considerations

296 There is ongoing research and data collection in relation to the impact of underwater noise and these data will inform the assessment of the potential of noise and vibration to disturb or be damaging to species in the marine environment. These data and the ongoing collection of data for the Noise Registry will all assist in assessing the potential risk of noise in the marine environment.

Further information

¹ Marine Policy Statement
https://www.gov.uk/government/publications/uk-marine-policy-statement

² European Directive on Environmental Noise
http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32002L0049

³ Marine Strategy Framework Directive
http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32008L0056

⁴ Joint Nature Conservation Committee Guidelines For Minimising The Risk of Injury To Marine Mammals From Using Explosives
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/50007/jncc-ex-guide.pdf

⁵ Joint Nature Conservation Committee Guidelines For Minimising The Risk Of Injury And Disturbance To Marine Mammals From Seismic Survey
http://jncc.defra.gov.uk/pdf/JNCC_Guidelines_Seismic%20Guidelines_Aug%202010.pdf

⁶ Joint Nature Conservation Committee Statutory Nature Conservation Agency Protocol For Minimising The Risk Of Injury To Marine Mammals From Piling Noise
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/50006/jncc-pprotocol.pdf

⁷ Guidance: The Protection Of Marine European Protected Species From Injury and Disturbance
http://www.gov.scot/Topics/marine/marine-environment/species/19887/20813/epsguidance

⁸ Scottish Government report on Evaluating and Assessing the Relative Effectiveness of Acoustic Deterrent Devices and other Non-Lethal Measures on Marine Mammals
http://www.gov.scot/publications/evaluating-assessing-relative-effectiveness-acoustic-deterrent-devices-non-lethal-measures/

⁹ National Physical Laboratory Good Practice Guide No. 133
http://www.npl.co.uk/upload/pdf/gpg133-underwater-noise-measurement.pdf

OSPAR Assessment Of The Environmental Impact Of Underwater Noise
http://qsr2010.ospar.org/media/assessments/p00436_JAMP_Assessment_Noise.pdf

Southall et al. (2007). Marine Mammal Noise Exposure Criteria: Initial Scientific Recommendations. Aquatic Mammals 33: 411- 521
http://sea-inc.net/assets/pdf/mmnoise_aquaticmammals.pdf

Brownlow et al. (2015) Investigation into the long-finned pilot whale mass stranding event, Kyle of Durness, 22nd July 2011.
http://www.strandings.org/reports/Kyle_of_Durness_Mass_Stranding_Report.pdf

GENERAL POLICY 8B: WASTE AND MARINE LITTER

Background and context

297 Despite some initiatives to reduce marine litter, it remains one of the most significant environmental problems affecting the marine environment. Some 20,000 tonnes of litter are dumped into the North Sea alone every year. Whilst around 80% of marine litter originates from a terrestrial source, the PFOW area, with its many beaches and coves, may have a higher potential for litter from marine sources.

Information Box 16

KIMO: Fishing for Litter project

Five vessels working out from Scrabster Harbour are part of the Fishing for Litter project run by Kommunenes Internasjonale Miljøorganisasjon ( KIMO) ¹.

KIMO directly provides fishing boats with large bags to deposit marinesourced litter. When full, these bags are deposited safely on the quayside to then be collected for disposal.

This project reduces the volume of debris washing up on our beaches and also reduces the amount of time fishermen spend untangling their nets.

298 Marine litter can cause a variety of problems for wildlife, which may ingest plastic waste in particular. Litter can also be a hazard to navigation, spoil the coastline and pose environmental health issues.

Key legislation and policy guidance

299 Litter is a key consideration in the Marine Strategy Framework Directive ². The target is for an overall reduction in the number of visible litter items within specific categories/types on coastlines from 2010 levels by 2020. The Directive requires Member States to have strategies to manage their seas in order to achieve Good Environmental Status by 2020. The Marine Scotland document 'A Marine Litter Strategy for Scotland' ³, published in August 2014, requires that regional marine plans contribute to the reduction of marine litter.

Information Box 17

Dounreay particle clean-up

This project addressed a legacy of radioactive particles in the marine environment around the site. These were fragments of irradiated nuclear fuel discharged to sea as a result of practices in reprocessing during the 1960s and 1970s. The most hazardous fragments were located close to an old discharge point on the seabed.

The underwater clean-up ran from 2008-2012, targeting a 60-hectare area of seabed known as the 'plume' where the most hazardous particles are located. Particles recovered from the seabed were returned to Dounreay for safe disposal and monitoring continues.

Current status

300 The sparse population of the north Highland coast and Orkney Isles means that the amount of litter dumped by tourists is relatively lower than on more often-visited popular, densely-populated mainland areas. Litter tends to be in the form of wind-blown debris from both land and marine-based businesses such as farming and aquaculture. Some bays and beaches will be more susceptible to accumulating marine litter due to prevailing wind and currents. Community initiatives such as the Royal Yachting Association's 'Green Blue' project, along with local beach cleans and 'adopt a beach' projects, play a very valuable part ⁴ in helping to reduce the problem. Sometimes these initiatives can identify the source of the problem and then help reach a solution.

Pressures

301 Marine litter, particularly plastics, kills a variety of seabirds, marine mammals and fish. It can also pose a navigational and safety hazard and cause entanglement of fishing gear. It can have significant impacts on the aesthetic value of our coastline and pose public health issues.

Information Box 18

Pick Up Three Pieces

Pick Up Three Pieces is an initiative which aims to encourage the public to pick up and dispose of marine litter when visiting Orkney's shores.

Designated bins for disposal of marine litter have been established at a few key coastal locations. Pick Up Three Pieces aims to raise awareness of how individual actions can make a positive impact on the local and global environmental problem of marine litter.

General Policy 8B: Waste and Marine Litter

All developers and users of the marine environment should seek to minimise waste and discard all litter responsibly, recycling where possible.

Proposals for new development(s) or modifications to existing activities shall ensure that waste is reduced to a minimum and they do not add to marine litter.

Large developments may require a waste management plan, which shall be adhered to as a condition of the development, where appropriate. Where this is the case, a draft plan should be included in the application.

Where unavoidable litter is created, e.g. due to storms, a means of recovery, where reasonably practical, should be deployed.

Where appropriate, a decommissioning plan should be provided to ensure removal of redundant infrastructure.

Justification

302 Litter and waste reduction measures help to contribute to achieving Good Environmental Status, as required by the Marine Strategy Framework Directive. Regional marine plans should take account of marine litter as a requirement of the Marine Litter Strategy and the National Marine Plan.

Supporting spatial information

303 There is no specific spatial information to support this policy.

Future considerations

304 The increase in marine activity around the PFOW area will also increase the risk of new sources of waste and marine litter. In addition, microplastic is a relatively new concern: these are tiny plastic granules used as scrubbers in cosmetics and small plastic fragments derived from the breakdown of macroplastics ⁵. These particles can bioaccumulate in marine organisms, causing harm through toxicity or by being mistaken for food particles. The changing climate may lead to more extreme weather events. This in turn, could lead to greater chances of marine litter being created including through, for example, land-based litter blowing out to sea. This can impact on wildlife, public health and amenity, as well as having a range of economic impacts.

Further information

¹ KIMO Fishing for Litter initiative
http://www.kimointernational.org/FishingforLitter.aspx

² Marine Strategy Framework Directive
http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32008L0056&from=EN

³ A Marine Litter Strategy for Scotland
http://www.gov.scot/Publications/2014/09/4891/0

⁴ Royal Yachting Association Green Blue project
http://www.thegreenblue.org.uk/

⁵ Cole, M., Lindequie, P., Hisband, C. and Galloway, T. (2011) Microplastics as Contaminants in the Marine Environment: A Review. Marine Pollution Bulletin, 62, 2588-2597.

European Marine Litter project
http://www.marlisco.eu/partners.en.html

Code of Practice on Litter and Refuse (Scotland) 2006
www.keepscotlandbeautiful.org/media/42455/0043662.pdf

Scottish Environment Protection Agency Waste Guidance
http://www.sepa.org.uk/regulations/waste/guidance/

GENERAL POLICY 9: INVASIVE NON-NATIVE SPECIES

Background and context

305 The introduction of non-native species poses a significant threat to the aquatic environment as they can have a negative impact in many ways, e.g. through competition with native species for resources, the transmission of diseases or parasites, habitat alteration, e.g. by becoming the dominant species in a habitat and 'smothering' other species or causing physical changes.

306 Shipping and aquaculture are two of the main vectors that may introduce or facilitate the spread of non-native species into the marine environment, e.g. in ballast water, via hull fouling and transfer of livestock and/or equipment from one area to another.

307 However, all users of the marine environment should ensure they minimise the risk of introducing non-native species by putting in place best practice biosecurity measures.

Information Box 19

New non-native species found

A new non-native species was found in Orkney by Marine Environmental Unit of Orkney Islands Council staff during their marine non-native species surveys in 2014. A Compass sea squirt (Asterocarpa humilis) was found in Kirkwall marina during a rapid assessment survey conducted in September 2014. It is not one of the seven high-risk species identified by the Marine Environmental Unit that would require further action if found.

This is the first record of this species in Orkney and its most northerly record to date. The compass sea squirt was first recorded in 2009 in England and in 2013 in Scotland. The native range of this species is in the southern hemisphere.

Key legislation and policy guidance

308 A three-stage approach of Prevention, Rapid Response and Control and Containment of non-native species is the approach taken by the Wildlife and Countryside Act 1981 as amended by the Wildlife and Natural Environment ( WANE) (Scotland) Act 2011 ¹ and by the GB Non Native Species Framework Strategy ².The three-stage approach has also been followed by the EU who have published a Regulation on invasive alien species that entered into force in January 2015 ³. The Scottish Government has a 'Code of Practice on Non-native Species' and the Water Framework Directive ⁴ and the Marine Strategy Framework Directive ⁵ both have requirements to minimise or avoid the introduction of non-native species by human activities.

309 In 2004 the International Maritime Organization ( IMO) adopted (although has not yet ratified) a Ballast Water Management Convention ⁶. In 2011 the IMO adopted Biofouling Guidelines ⁷ and a set of guidance for recreational craft ⁸ (these are both currently voluntary). These both contain information on the management measures vessels of all sizes can take to reduce the risk of introducing non-native species. A European Code of Practice for Recreational Boating and Invasive Alien Species is being developed by the Royal Yachting Association (through the European Boating Association).

310 Within Great Britain the Non-Native Species Secretariat provides biosecurity advice to prevent the spread of invasive plants and animals in British waters and many of the best practice measures are applicable to the marine environment.

311 Individual sectors also provide biosecurity advice, examples are the Green Blue website ⁹ which provides guidance in relation to boating activity, the Scottish Canoe Association ¹⁰ and the Royal Yachting Association website ¹¹.

Current status

312 Within the marine environment, the prevention aspect of the three-stage approach is particularly important as, in most cases, it would not be possible to control a species once it had been introduced.

313 There are a variety of ways in which a suspected non-native species can be recorded and the GB Non-Native Species Secretariat has a range of useful information in relation to how this can be done.

Pressures

314 Orkney Islands Council has a ballast water management policy ¹² and has implemented a monitoring programme to identify any adverse environmental impacts of ballast water management and shipping activities. This will include monitoring for the presence of invasive non-native species. A list of seven high-risk species have been identified and if any of these are found as part of the Scapa Flow monitoring programme then Orkney Islands Council will follow the guidance given to them by the GB Non-Native Species Secretariat in terms of the action required.

General Policy 9: Invasive non-native species

All developers and users of the marine environment should take into account the risk of introducing and spreading non-native species and put in place biosecurity and management measures to minimise this risk. These measures will be most effective when a co-ordinated and collaborative approach is taken by developers and users of the marine environment.

Applications for marine-related development(s) and/or activities should demonstrate that the potential risks of spreading non-native species, and appropriate mitigation where needed, has been adequately considered in their proposal.

Existing Codes of Practice, species control agreements and orders (under the WANE Act), risk assessments and international guidelines should be used to develop these measures where relevant to the marine environment.

Where non-native species assessed as high risk are known to be present, mitigation measures (e.g. an eradication plan) or a contingency plan should be put in place to minimise the risk of spreading the species.

Justification

315 Invasive non-native species can have a negative impact on the marine environment and if all users of the marine environment put in place biosecurity and management measures this will reduce the risk of introducing and spreading non-native species. Creating and raising awareness of a wide range of marine users of the potential for non-native species to be introduced is important to ensure these measures are followed.

Supporting spatial information

316 Non-native monitoring in Orkney. Contact: Orkney Islands Council, Marine Services Marine Environmental Unit. Tel. 01856 873636.

Marlin website
http://www.marlin.ac.uk/

Marine Aliens
http://www.marlin.ac.uk/marine_aliens/

Future considerations

317 Managing the risk of introducing non-native species will be most effective where there is good awareness of the issue and a co-ordinated approach to putting in place measures to improve biosecurity, e.g. monitoring for non-native species. There is potential for marine users to consider implementing biosecurity plans in the PFOW area and this would be most effective if developers and marine users worked together to undertake monitoring and agree what action should be taken in the event of the introduction of a non-native species.

Further information

¹ Wildlife and Natural Environment Code of Practice on Non-Native Species
http://www.gov.scot/Resource/0039/00398608.pdf

² GB Non-Native Species Secretariat
http://www.nonnativespecies.org/home/index.cfm

³ EU Regulation on Invasive Alien Species
http://ec.europa.eu/environment/nature/invasivealien/index_en.htm

⁴ Water Framework Directive
http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32000L0060

⁵ Marine Strategy Framework Directive
http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32008L0056

⁶ Summary of International Maritime Organization Ballast Water Management Convention
http://www.imo.org/About/Conventions/ListOfConventions/Pages/International-Convention-for-the-Control-and-Management-of-Ships%27-Ballast-Water-and-Sediments-(BWM).aspx

⁷ International Maritime Organization Biofouling Guidelines
http://www.imo.org/blast/blastDataHelper.asp?data_id=30766&filename=207(62).pdf

⁸ Link to IMODOCS: ( Register to find Guidance for minimizing the transfer of invasive aquatic species as biofouling (hull fouling) for recreational craft (Document BLG 16/5)).
http://www.imo.org/About/Pages/DocumentsResources.aspx

⁹ The Green Blue (advice on non-native species and boating activities)
http://thegreenblue.org.uk/Boat-Users/Antifoul-and-Invasive-Species

¹⁰ Scottish Canoe Association guidelines
http://canoescotland.org/where-go/protecting-environment

¹¹ Royal Yachting Association
http://www.rya.org.uk/infoadvice/planningenvironment/advice/Pages/AdviceonAlienSpecies.aspx

¹² Orkney Islands Council Ballast Water Policy
http://www.orkneyharbours.com/pdfs/bwm/Ballast%20Water%20Management%20 Policy%20for%20Scapa%20Flow%2010%20December%202013.pdf

Biosecurity Information for Solway, Clyde and Shetland

Solway: http://www.solwayfirthpartnership.co.uk/invasive-non-native-species
Clyde: http://clydeforum.com/attachments/biosecplan.pdf
Shetland: https://www.nafc.uhi.ac.uk/research/msp/biosecurity/BiosecurityPlan.pdf

Scottish Natural Heritage Non-native Species Information
http://www.snh.gov.uk/protecting-scotlands-nature/protected-species/non-native-species/

Alien Invasive Species and the Oil and Gas Industry
http://www.ogp.org.uk/pubs/436.pdf

Nall CR, Guerin AJ, Cook EJ. 2015. Rapid assessment of marine non-native species in northern Scotland and a synthesis of existing Scottish records. Aquatic Invasions 10(1): 107-121
http://www.aquaticinvasions.net/2015/AI_2015_Nall_etal.pdf