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

Child Rights and Wellbeing Impact Assessment (CRWIA)

for Proposals to Extend Marine Planning Zones out to 12 Nautical Miles

Disclaimer

This document is an assessment of the likely effects of proposals to extend marine planning zones out to 12 nautical miles on the rights and wellbeing of children and Scottish Government will continue to review and update this document where required during the parliamentary process. Any future iterations will reflect an increased understanding of these impacts as the amount of evidence available continues to grow.

This impact assessment should be read in conjunction with:

Business and Regulation Impact Assessment

Strategic Environment Assessment Screening and Determination

Island Communities Impact Assessment

Equality Impact Assessment

Fairer Duty Scotland Assessment

Data Protection Impact Assessment

Child Rights and Wellbeing Impact Assessment

A glossary of terms can be found at the bottom of this document

Introduction

1. Brief Summary

The policy purpose of the proposals to extend marine planning zones out to 12 nautical miles is to resolve an existing gap in aquaculture planning regulations.

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.

Under the Town and Country Planning (Scotland) Act 1997 (“the 1997 Act”), fish and shellfish farming is considered as a “development” between 0-12 nautical miles and any proposed farms in this zone require planning permission.

The Town and Country Planning (Marine Fish Farming) (Scotland) (Order) 2007 (“the 2007 Order”), designates Scotland’s marine planning zones, which set out the area for local planning authorities responsibilities for planning controls of marine fish and shellfish farms in Scottish waters. The existing marine planning zones only extend 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.

In accordance with section 17 of the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024, this will be:

• A Scottish Statutory Instrument made by Scottish Ministers other than a commencement instrument

Type of proposal (Please tick):

SSI

Name the proposal, and describe its overall aims and intended purpose.

The intention is to extend marine planning zones out to 12 nautical miles by prescribing the extended marine boundaries by a Scottish Statutory Instrument.

The intention is that, following public consultation on the proposal to extend marine planning zones, an Order to amend the relevant regulations would come into force in Spring 2025,

The proposed amendment to the original 2007 Order is an administrative exercise to extend the marine planning zones boundaries from 3 nautical miles out to 12 nautical miles, providing a mechanism for developers to bring forward proposals for farm developments in the 3-12 nautical mile zone, as they are currently able to do for farm developments located within the 0-3 nautical mile zone.

The extension to marine planning zones will not introduce any new regulations or processes. The existing planning regulations already apply across the 0-3 nautical mile zone and an extension to marine planning zones would be a technical change to designate the relevant local planning authority as the decision maker, granting them the ability to consider applications made for developments across the whole 0-12 nautical mile zone.

It is considered this proposal is outwith the scope of a CRWIA, as any potential impacts would only arise if and when an application for a farm is made

Start date of proposal’s development: 02/04/24

Start date of CRWIA process: 03/07/24

2. With reference given to the requirements of the UNCRC (Incorporation) (Scotland) Act 2024, which aspects of the proposal are relevant to children’s rights?

The proposal to extend marine planning zones out to 12 nautical miles includes no aspects or changes that are relevant to children’s rights.

The proposed extension to marine planning zones is an administrative exercise which will allow developers to submit planning applications for fish and shellfish farms to the relevant local authorities between 3 and 12 nautical miles. There are no changes to underlying planning regulations or process by which applications would be considered. As such, it is considered this proposal would not impact on children’s rights.

3. Please provide a summary of the evidence gathered which will be used to inform your decision-making and the content of the proposal.

• Review of current regulations relevant to aquaculture planning
• Review of previous consultation exercises carried out in relation to the development of current aquaculture planning regulations
• Engagement with Scottish Government Legal Directorate (SGLD) on options to resolve the existing gap in aquaculture planning regulations
• Engagement with Planning, Architecture and Regeneration Division (PARD) on the process for consulting on proposed changes to planning regulations
• Engagement with Marine Directorate Geographic Information Systems (GIS) team on mapping the extended marine planning zones
• 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. The consultation paper will include all relevant impact assessment carried out, including the CRWIA. Should any relevant responses to the consultation be in relation to child rights and wellbeing, this impact assessment will be updated and republished if required

4. Further to the evidence described at ‘3’ have you identified any 'gaps' in evidence which may prevent determination of impact? If yes, please provide an explanation of how they will be addressed

The proposed SSI to extend the marine planning zones out to 12 nautical miles itself will not directly result in any impacts on Childrens Rights and Wellbeing.

Potential impacts to children’s rights and wellbeing would only arise when an application for a development is made. The planning regulations will apply to assess and manage any potential effects following an application. Any future iterations or developments of this policy will be assessed to determine whether there are any effects on children’s rights and wellbeing and address any anticipated gaps in evidence when the developments in these policy areas arise.

Analysis of Evidence

5. Please explain what the evidence told you about the impact of the proposal on the rights and wellbeing of children and young people.

Following development of the proposal and assessment of potential impacts on the rights and wellbeing of children through the CRWIA, it is considered this proposal will not impact on children’s rights and wellbeing.

6. What changes (if any) have been made to the proposal as a result of this assessment?

N/A

Conclusion

7. As a result of the evidence gathered and analysed against all UNCRC requirements, what is the potential overall impact of this proposal on children’s rights?

No impact

8. If you have identified a positive impact on children’s rights, please describe below how the proposal will protect, respect, and fulfil children’s rights in Scotland.

N/A

9. If a negative impact has been identified please describe below. Is there a risk this could potentially amount to an incompatibility?

N/A

Mitigation Record

What options have been considered to modify the proposal in order to mitigate negative impact or potential incompatibility issues?

No action taken as no impacts identified

10. As a result of the evidence gathered and analysed against all wellbeing indicators, will the proposal contribute to the wellbeing of children and young people in Scotland?

No

If yes, please provide and explanation below:

11. How will you communicate to children and young people the impact that the proposal will have on their rights?

A copy of this CRIWA will be published on the legislation.gov.uk website alongside the SSI and will also be included in the public consultation document and published separately on Publications - gov.scot (www.gov.scot) so will be in the public domain for those wishing to read it. The CRWIA has also been written with accessibility in mind and should be understandable to those wishing to read its content and the potential impacts/ no impacts of the SSI.

Post Assessment Review and sign-off

12. Planning for the review of impact on children’s rights and wellbeing

As part of the decision-making process, plans for reviewing the impact on children’s rights and wellbeing need to be developed.

• How will the impact of the proposal on children’s rights and wellbeing be monitored?

Any future iterations or developments of this policy will be assessed to determine whether there are any effects on children’s rights and wellbeing

• When will you review and update the CRWIA if required?

Any future iterations or developments of this policy will be assessed to determine whether there are any effects on children’s rights and wellbeing and this CRWIA will be updated as required

13. Sign off

Policy Lead Signature & Date of Sign Off: Joe Triscott – 26/07/2024

Deputy Director Signature & Date of Sign Off: Malcolm Pentland, 29/08/2024

Glossary of terms

Aquaculture - the farming of plants or animals in the water for food or other purposes. Aquaculture includes fish farming, shellfish farming and seaweed farming.

Environmental interactions – the impact a development may have on the surrounding environment, in the case of aquaculture this may include impact on the water environment from wastes, or on surrounding wildlife due to the presence of farmed animals and farm equipment.

Local planning authority – is part of a local authority council (such as Shetland Council, or Glasgow City Council) which is responsible for assessing planning applications and deciding whether that application is granted or rejected.

Marine planning zone – a defined are of the sea in which local planning authorities are responsible for assessing planning applications for fish and shellfish farms

Nautical miles – a unit of distance used in the sea. 1 nautical mile = 1.15 miles or 1852 metres

Planning - the planning system is used to make decisions about new buildings and infrastructure, or changes to existing buildings and infrastructure. It decides where development should happen, where it should not and how development affects its surroundings.

Regulations – rules made by an authority, this case by the Scottish Government

Scottish Ministers – are the people who oversee the operation of the Scottish Government. Scottish Ministers are all Members of the Scottish Parliament (MSPs), who have been elected into the Scottish Parliament

Scottish Statutory Instrument – are a type of power used by the Scottish Government to change existing regulations