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

Strategic Environmental Assessment (SEA)

Screening

Responsible Authority - Scottish Government, although the plan will set the boundaries in which the consenting authority (the local planning authority) will determine an application for planning consent.

Title of the plan - Proposal to extend marine planning zones out to 12 nautical miles.

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).

What prompted the plan - There is growing interest within the fish and shellfish farming sector to develop farms between 3-12 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 marine structures.

A review of the consenting framework for fish and shellfish farms between 3-12 nautical miles identified an existing gap in planning regulations.

Plan subject - Section 5(3) of the 2005 Act - Town and County Planning and Schedule, 1 Part 2, 23(6) of the 2005 Act – Fish Farming

Screening is required by the Environmental Assessment (Scotland) Act 2005 – It is our view is that an SEA is not required, as the environmental effects are unlikely to be significant: Please indicate below what Section of the 2005 Act this plan falls within

Section 5(3

Contact details: Jane Rougvie

Date: 23 July 2024

Context of the Plan - The plan is not a high level strategy or implementation plan, but relates to laying an SSI to resolve a specific administrative issue in existing aquaculture planning regulations. The SSI does not impact on any other sector as it relates only to marine fish and shellfish farm planning zones.

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; this sets out the spatial limits for coastal planning authorities in respect of their 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.

Description of the Plan - This is simply an administrative exercise to set out the marine planning zone boundaries to align marine planning zones with the definition of marine fish farming development under the 1997 Act.

The intention is that, following public consultation on the proposal to extend marine planning zones, an SSI to amend the relevant regulations would be laid in the Scottish Parliament.

The proposed amendment to the original 2007 Order will 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

This is consistent with the policy intention of Planning Circular 1/2007 and plugs the legislative gap by providing a designated marine planning zone for each coastal planning authority out to 12 nautical miles.

What are the key components of the plan? - The key component of the plan is to extend the boundary of the current marine planning zones from 3 nautical miles out to 12 nautical miles.

Have any of the components of the plan been considered in previous SEA work? - This is essentially an extension of the marine planning zones as described under the 2007 Order. The environmental principles and controls are already in place under the 1997 Act. Potential environmental impacts would only arise when an application for development is submitted for planning consent and existing planning legislation will apply to assess and manage any environmental effects.

In terms of your responses above, set out those components of the plan that are likely to require screening - It is considered that there are no components of this plan that are likely to require screening.

The proposed SSI to extend the marine planning zones out to 12 nautical miles itself will not directly result in any environmental impacts. Potential impacts would only arise when an application for a farm is made.

The extension to marine planning zones will mean existing environmental assessment processes will continue to apply along with any controls specified under any planning condition consented for all developments within the 0-12 nautical mile zone.

Any application that is made for a fish or shellfish farming development which also falls within the Environmental Impact Assessment (EIA) regulations, will be required to undergo an EIA.

Any proposed development which is likely to have an adverse effect on a protected 'European Site' will be required to undergo a Habitats Regulations Appraisal

Identifying interactions of the plan with the environment and considering the likely significance of any interactions on the following - Biodiversity, flora and fauna, population and human health, soil, water, air, climatic factors, material assets, cultural heritage, landscape, inter-relationship issues

Plan Components – This is a proposed amendment to the original 2007 Order to extend the marine planning zones from 3 nautical miles out to 12 nautical miles.

Explanation of Potential Environmental Effects - This is a proposed amendment to the original 2007 Order to extend the marine planning zones from 3 nautical miles out to 12 nautical miles.

There are no direct environmental effects associated with this order. Potential impacts would only arise when an application for a fish farm is made and these will be managed in accordance with the 1997 Act.

The extension to marine planning zones will mean existing environmental assessment and processes and controls under planning will apply to all proposed developments within the 12 nautical mile zone.

Explanation of Significance – N/A

Summary of how environmental principles have been considered: (including an outline of how the guiding principles, as set out in section 13 of the Continuity Act, are relevant to the plan) - The values of protecting the environment are already enshrined in the principle legislation that will enable developments to take place in the extended marine planning zones; (the 1997 Act refers).

Summary of interactions with the environment and statement of the findings of the Screening (Including an outline of the likely significance of any interactions, positive or negative, and explanation of conclusion of the screening exercise.) - A Strategic Environmental Assessment screening report was prepared for the proposal to extend marine planning zones out to 12 nautical miles and was submitted to the SEA Gateway on 23/07/2024.

Responses from the Consultation Authorities (Scottish Environment Protection Agency, NatureScot, Historic Environment Scotland) were received on 20/08/2024, whose overall opinion was that the plan is unlikely to have significant environmental effects.

The Scottish Government has therefore determined, using the criteria set out in Schedule 2 of the Environmental Assessment (Scotland) Act 2005, that the proposal to extend marine planning zones out to 12 nautical miles is unlikely to have significant environmental effects. A Strategic Environmental Assessment is therefore not required.