Marine planning zones - proposals to extend to 12 nautical miles: impact assessments

Equalities Impact Assessment (EQIA)

Equality impact assessment results

Title of policy - Proposal to extend marine planning zones out to 12 nautical miles

Summary of aims and desired outcomes of Policy - The intention is to extend marine planning zones out to 12 nautical miles by prescribing the extended marine boundaries by a Scottish Statutory Instrument (SSI).

This will close an existing gap in planning regulations. Currently, fish and shellfish farms located between 0-12 nautical miles require planning permission, however marine planning zones (which set out local planning authorities jurisdiction to consider such applications) only extend to 3 nautical miles.

In practice this means that there is no planning authority to which a developer may submit an application for a farm located between 3-12 nautical miles.

Directorate - Marine Directorate

Division - Marine Economy and Communities

Team - Aquaculture Regulatory Review Team

Executive summary

EQIA Screening has been undertaken for Proposal to extend marine planning zones out to 12 nautical miles.

The intention of the proposal is to extend marine planning zones out to 12 nautical miles by prescribing the extended marine boundaries by a Scottish Statutory Instrument (SSI). This will close an existing gap in planning regulations.

Following the EQIA screening and framing processes it is considered the proposal will not have a direct impact on persons with protected characteristics.

This is because the proposal to extend the marine planning zones boundaries from 3 nautical miles out to 12 nautical miles is a technical change to resolve a gap in planning regulations, which will allow businesses to submit planning applications for proposed fish and shellfish farms in the 3-12 nautical mile zone, as they are currently able to do for proposed farms in the 0-3 nautical mile zone.

There will be no changes to the underlying planning regulations or processes. The same process for making and considering planning applications for fish and shellfish farms is to be consistent across the 0-12 nautical mile zone.

Background

There is growing interest within the fish and shellfish farming sector to develop farms beyond 3 nautical miles from the coast. Developments in cage technology make fish farms in this region feasible. This type of innovative development has the potential to reduce environmental interactions and to support fish health and welfare in line with the Vision for Sustainable Aquaculture. There is also increasing interest in the potential for offshore shellfish farms, including through co-location opportunities with other structures.

In 2007 the definition of “development” in the Town and Country Planning (Scotland) Act 1997 (the 1997 Act) was extended to include fish and shellfish farming out to 12 nautical miles. This means all fish and shellfish farms to 12 nautical miles require planning permission from the relevant planning authorities.

The Town and Country Planning (Marine Fish Farming) (Scotland) (Order) 2007 designated Scotland’s marine planning authority zones, however the marine planning zones were only designated out to 3 nautical miles. In practice this means that there is no planning authority to which a developer may submit an application for a farm located between 3-12 nautical miles.

When the marine planning zones were first designated in 2007, it was considered that it was highly unlikely that applications for planning permissions between 3-12 nautical miles would be lodged in the near future. It was therefore noted in Planning Circular 1/2007 that the Scottish Executive would monitor the situation with further work envisaged during 2007-8 to extend the marine planning zones out to 12 nautical miles. This work was not undertaken and as such there remains a legislative gap.

Objective

Recognising that fish and shellfish farms require planning permission to operate from 3–12 nautical miles, the proposed amendment will extend existing marine planning zones out to 12 nautical miles thereby allowing developers to submit applications for farm developments to the relevant planning authority. This will maintain consistency in the planning regulations for farms located out to 12 nautical miles.

The Scope of the EQIA

An initial EQIA screening process was undertaken which identified the proposal to extend marine planning zones may indirectly result in people being employed, as the proposal will allow businesses to seek to develop new farms in the 3-12 nautical mile zone.

A subsequent EQIA framing process has been undertaken to assess whether the proposal to extend marine planning zones would impact on people with protected characteristics.

The Equality Act 2010 provides a framework to ensure we address inequality for people with protected characteristics listed in the act. These are:

• age
• disability (physical and mental)
• gender reassignment
• marriage and civil partnership (applies to employment - the Equality Act 2010 states that a person must not be discriminated against in employment because they are married or in a civil partnership)
• pregnancy and maternity
• race
• religion or belief
• sex
• sexual orientation

Key Findings

It is considered the proposed extensions to marine planning zones will not have an impact on persons with protected characteristics. The proposal to extend the marine planning zones boundaries from 3 nautical miles out to 12 nautical miles is a technical change to resolve a gap in planning regulations, which will allow businesses to submit planning applications for proposed fish and shellfish farms in the 3-12 nautical mile zone, as they are currently able to do for proposed farms in the 0-3 nautical mile zone.

There will be no changes to the underlying planning regulations or processes and the same process for making and considering planning applications for fish and shellfish farms would be consistent across the 0-12 nautical mile zone

Recommendations and Conclusion

It is considered that an EQIA is not required.

A public consultation is intended to be launched to seek views from stakeholders and the wider public on the proposals to extend marine planning zones. Should any responses raise issues in regard to impacts on protected characteristics, the requirement for an EQIA will be reassessed.

I confirm that the decision to not carry out an EQIA has been authorised by:

Name and job title of Deputy Director (or equivalent)

Malcolm Pentland, Deputy Director and Head of the Marine Economy and Communities Portfolio, Marine Directorate

Date authorisation given

29 August 2024