Offshore wind energy - draft updated Sectoral Marine Plan 2025: consultation

Annex A. SMP-OWE and Associated Assessments Policy Context

Purpose of this Section

This appendix sets out the policy context relevant to the development of the draft updated Plan and the supporting assessments. The intention is to provide an overview of the policy landscape in which the draft updated Plan is being developed, outline the Plan’s relationship with other relevant plans and programmes, and set out environmental protection objectives relating to SEA topics that have been scoped into the assessment.

The SEA of the draft updated Plan has been undertaken in compliance with the Environmental Assessment of Plans and Programmes Regulations 2004 (the ‘2004 Regulations’)^[12]. The SEA also aligns with the requirements of the Environmental Assessment (Scotland) Act 2005 (‘the 2005 Act’)^[13], and has followed Scottish Guidance on SEA.

Offshore Wind

The Offshore Wind Sector Deal (2020),^[14] has been created by the UK Government building on the UK’s global leadership in offshore wind by maximising advantages for the industry to facilitate the shift to clean growth.

The deal committed to increase support for the Contracts for Difference scheme, with the industry committing to increase UK content and capital expenditure to 60% by 2030, an increase of women in the offshore wind workforce by a third, an ambition to increase exports to £2.6 billion by 2030 and a stronger UK supply chain through the establishment of the Offshore Wind Growth Partnership.

Following the increased focus on offshore wind by the UK Government, the Scottish Government published its Offshore Wind Policy Statement (2020),^[15] setting out how it would support the growth of the offshore wind industry. The Offshore Wind Policy Statement notes the possibility of 11 GW of offshore wind capacity in Scottish waters by 2030 and indicates the desire of the Scottish Government to build upon the success of the ScotWind leasing round.

It highlighted the continued drive to work with groups such as the Scottish Offshore Wind Energy Council and the Offshore Wind Industry Council to tackle barriers to the delivery of offshore wind, including reviews of planning and consenting frameworks. There is also a commitment to developing international relationships to share best practice as well as advocating for Scotland’s interests in reserved policy areas such as the Contracts for Difference scheme, network design and provision, and transmission charging.

The Offshore Wind Policy Statement also committed the Scottish Government to exploring how to maximise the economic benefits of offshore wind development, including working to expand the skills landscape and supply chain and ensuring that communities who host infrastructure associated with offshore wind development also share in the benefits.

In support of the deployment of offshore wind, the NESO has undertaken the HND under the Offshore Transmission Network Review (OTNR) and the HND-FUE. Strategic planning of the transmission infrastructure required to support the draft updated Plan (i.e. offshore transmission infrastructure components, subsea transmission cables, landfall and transition pit, and onshore substations) form part of NESO’s HND and HND-FUE strategic-level work.

Energy and Industrial Strategy

In 2020 the UK Government published the Ten Point Plan for a Green Industrial Revolution^[16] a plan to shift the UK economy toward tackling climate change and delivering new policies and investment to support this transition. The plan sets out the ambition for the UK to be a global leader in low-carbon and zero-carbon industries and technologies, with the aim of creating hundreds of thousands of new jobs and opening up new markets for export.

Point 1 of the plan (Advancing Offshore Wind) sets out the ambition to quadruple offshore wind capacity by 2030 to 40 GW, including support for innovative floating offshore wind technologies. It also commits to investing in ports and manufacturing infrastructure to support the growing domestic offshore wind industry supply chain and outlines how the Offshore Transmission Network Review^[17] will support the transformation of the energy transmission system by building more network infrastructure and utilising smart technologies.

In 2021 the UK Government published The North Sea Transition Deal^[18], a strategy to transition the offshore oil and gas sector towards net zero. Key commitments include reducing greenhouse gas emissions from oil and gas production by 50% by 2030, investing up to £16 billion in CCUS and hydrogen technologies, and supporting up to 40,000 jobs in the energy transition. The deal highlights the importance of collaboration between the UK government and industry to achieve these goals, ensuring the oil and gas sector remains a vital part of the UK economy while contributing to climate change mitigation.

The deal also addresses the role offshore wind can play to support green hydrogen production as well as the electrification of offshore oil and gas assets. The deal also mentions the alignment of future offshore wind zones with existing oil and gas infrastructure, creating opportunities for integrated energy projects that combine offshore wind, hydrogen production, and CCUS, with this integration driving significant investment and innovation and positioning the UK as a leader in clean energy technologies.

In 2022, the UK Government published The British Energy Security Strategy^[19], which set out its strategy for increasing the supply of affordable energy UK, specifically in response to Russia’s invasion of Ukraine. The strategy addresses all aspects of the UK’s energy system, including different types of generation and transmission assets, energy efficiency and project delivery.

The strategy sets an ambition of delivering 50 GW of offshore wind energy by 2030, including up to 5 GW of innovative offshore floating wind technology.

Further commitments relating to offshore wind include reducing consenting time, strengthening national policy statements relating to renewable energy, introducing strategic environmental compensation measures and reviewing the way Habitats Regulations Assessments are carried out. The strategy outlines the UK Government’s commitment to work with industry and the Offshore Wind Acceleration Task Force to further reduce the consenting timeline. It also commits to consult on changes to the Contracts for Difference auction to further incentivise investment in renewables and reduce overall systems costs.

In 2023 the Scottish Government published its Draft Energy Strategy and Just Transition Plan^[20]. The draft plan set out a vision for a flourishing, climate friendly energy system that delivers affordable, resilient and clean energy supplies for households, communities and businesses. It also seeks to ensure that the transition benefits all of Scotland’s communities by tackling fuel poverty and driving the development of a wellbeing economy.

In 2024 the UK Government published its Clean Power 2030 Action Plan^[21], detailing a pathway to a clean power system for Great Britain in 2030. The pathway sets out a clean power target where the UK will generate enough clean power to meet its total electricity demand by 2030 with clean energy sources producing at least 95% of Great Britian’s electricity generation.

In order to produce the required clean power, the Action Plan describes the Clean Power Capacity Range for various generation and storage technologies. The Clean Power Capacity Range for offshore wind is 43-50 GW, compared to an installed capacity of 14.8 GW in 2024.

Marine legislation and strategies

Marine policy and planning in Scotland is supported primarily by two acts of parliament with one at the UK level and another at the devolved level.

The Marine and Coastal Access Act 2009^[22] devolved new marine planning and conservation powers to Scottish Ministers in the offshore region (12-200 NM), in addition to providing a framework for cooperative management of the marine environment between Scottish Ministers and UK Government.

At a devolved level, The Marine (Scotland) Act 2010^[23] strives to help balance competing demands on Scotland’s inshore seas. It introduced a duty to protect and enhance the marine natural and historic environment while at the same time streamlining the marine planning and licensing system.

In 2011 the UK Government published the UK Marine Policy Statement^[24], which sets out the statutory policy framework for the marine planning system and decision making relating to the marine environment in accordance with the EU Marine Strategy Framework Directive. The statement provides a coherent and forward-looking approach to marine spatial planning for the management of resources and activities in marine areas.

The statement sets out a vision of ‘clean, healthy, safe, productive and biologically diverse oceans and seas’ and outlines five high level marine objectives which include: achieving a sustainable marine economy; ensuring a strong, healthy and just society; living within environmental limits; promoting good governance; and using sound science responsibly.

All marine plans in the UK should be in accordance with the principles and aims of the UK MPS. The statement also provides sectoral considerations, including energy production and infrastructure development, indicating that offshore wind will play the most important role in growing renewable energy capacity in the UK.

In 2022 the Scottish Government published the Blue Economy Vision for Scotland^[25], setting out a sustainable vision for the marine environment. Based on the blue economy approach, where economic, social and environmental objectives are balanced to ensure that nature and marine environments are protected in a more holistic way. The vision outlines an ideal scenario where Scotland’s marine ecosystems are healthy and thriving, with marine activities managed using an ecosystem-based approach and negative impacts minimised or reversed.

The vision indicates that a future Scottish blue economy is resilient to climate change, contributes to climate mitigation and adaption, facilitates decarbonised marine sectors, is resource efficient and supports Scotland’s net zero and Nature Positive commitments. The vision recognises the importance of the offshore wind industry in providing low carbon and clean power to Scotland and beyond and its significant contribution to limiting emissions.

In a further step to support a science-based approach to the marine environment, the Scottish Government published the Marine Science and Innovation Strategy^[26] in 2024, detailing how science and technology can support the delivery of the Blue Economy Vision using best practice evidence and data.

The strategy outlines six outcomes including: delivering the Blue Economy vision; policies and plans informed by iterative science, evidence and advice; working with partners to co-create communities of practice; collaborating nationally and internationally; anticipating and adapting to opportunities and challenges; and utilising assets to provide national value across Scotland. The strategy identifies people, data, digital and infrastructure as strategic enablers to realising these outcomes.

Planning

Planning is a devolved policy area in the UK, with each nation in the UK responsible for developing and implementing planning policy. However, large scale infrastructure projects such as offshore wind can fall under multiple planning and consenting regimes and given that energy policy is a reserved policy area, planning policy and guidance produced by the Department of Energy Security and Net Zero help shape the strategic context for Scottish offshore wind projects.

In relation to Scottish planning policy, NPF4 is the national spatial strategy for Scotland^[27]. It sets out spatial principles, regional priorities, national developments and national planning policy. The overarching spatial principles for NPF4 are: just transition; conserving and recycling assets; local living; compact urban growth; rebalanced development; and rural revitalisation.

NPF4 outlines national developments which are significant developments of national importance that help to deliver the overall spatial strategy for Scotland. National Development 3: Strategic Renewable Electricity Generation and Transmission Infrastructure covers the whole of Scotland and supports renewable electricity generation, repowering and expansion of the electricity grid.

With respect to marine planning within Scotland, in 2015, Scotland published its first National Marine Plan^[28] covering both Scottish inshore waters (out to 12 NM) and offshore waters (12 to 200 NM). All decisions relating to development in marine areas must be taken in accordance with the plan, which provides direction to consenting bodies including local authorities and Crown Estate Scotland.

The plan divides the wider Scottish marine area into eleven Scottish Marine Regions and considers overlapping and adjacent administrative boundaries such as marine plans prepared by the UK Government’s Marine Management Organisation.

The plan’s vision for the marine environment is ‘clean, healthy, safe, productive and diverse seas; managed to meet the long term needs of nature and people’ and adopts an ecosystem-based approach in line with the UK Marine Policy Statement.

The plan policies are categorised into general policies, which apply to all existing and future development in the marine environment and sectoral policies which address the sustainability of specific marine activities. There are ten specific policies relating to offshore wind and marine renewable energy, covering spatial planning, marine licensing and maximising the benefits from offshore renewables.

Currently the Scottish Government is undertaking preparatory work in support of the next iteration of the national marine plan. The National Marine Plan 2: Planning Position Statement^[29] sets out the work to date carried out by the Scottish Government in line with legislative requirements and other policy commitments.

The position statement sets out how NMP2 will adopt a blue economy approach and consider the environment, social wellbeing and the economy together, with NMP2 objectives mapped out against the blue economy outcomes and designed to further sustainable development and support a just transition.

NMP2 will continue to support sectoral planning for marine renewables and reference any updated offshore wind policy statements. Following feedback from stakeholders, the NMP2 will also consider how the agreed approach to strategic compensation will interact with other planning policies. For example, by enabling the use of marine space for compensatory measures should this be necessary.

Regional marine plans provide a tier of marine planning below the National Marine Plan^[30]. While there is no adopted Regional Marine Plan at the moment, three Regional Marine Plans are currently in the process of being prepared by Regional Marine Planning Partnerships within the Clyde, Orkney and Shetland Scottish Marine Regions (which extend out to 12 NM).

Regional marine plans are required to be developed in accordance with the National Marine Plan (unless relevant considerations indicate otherwise). Guidance sets out that they should also consider co-ordinating and developing a better understanding of the interactions between the offshore wind and marine renewable energy sector and the environment and other users; as well as co-ordination with the CES leasing regime and grid requirements and initiatives^[31].

Terrestrial planning frameworks are also of relevance to the development of offshore wind, with onshore transmission infrastructure being consented by the relevant local authority in accordance with their local development plan.

Biodiversity, Flora and Fauna

At an international level, the UN Convention on Biological Diversity, signed by 150 government leaders at the 1992 Rio Earth Summit, is dedicated to promoting sustainable development^[32]. The Conference of the Parties is the governing body of the Convention, and advances implementation of the Convention through the decisions it takes at its periodic meetings^[33]. The 15^th meeting of the Conference of the Parties (COP 15) adopted the Kunming-Montreal Global Biodiversity Framework (KMGBF) which aims to put nature on a path to recover by 2030. The Framework comprises 4 goals for 2050 and 23 targets for 2030, en route to ‘living in harmony with nature’ by 2050^[34]. The 16^th meeting took place in Cali, Columbia in October 2024, and led to an agreement on the expanded role of indigenous peoples and local communities in protecting biodiversity^[35]. Further agreement on a strategy to raise the funds needed to achieve the KMGBF was agreed in February 2025, concluding COP16^[36].

The OSPAR Convention for the Protection of the Marine Environment of the North East Atlantic is an important driver in the protection and conservation of marine ecosystems and biodiversity, including the establishment of an ecologically coherent network of MPAs in the North East Atlantic^[37]. The OSPAR List of Threatened and/or Declining Species and Habitats^[38] identifies species and habitats that are considered to be priorities for protection.

Following the UK’s exit from the EU, the requirements of the Habitats Directive (92/43/EEC)^[39] and the Birds Directive (2009/147/EC)^[40] are a part of UK domestic legislation, namely the Habitats Regulations^[41] as amended by the Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019^[42],[43]. These requirements focus on the maintenance and enhancement of biodiversity, with an emphasis on protecting rare and endangered wild species and natural habitats of European significance. The UK site network^[44] comprises terrestrial and marine SACs and SPAs. Many of the terrestrial sites are also underpinned by a Site of Special Scientific Interest designation^[45].

At the national level, the Marine (Scotland) Act 2010^[46] and the Marine and Coastal Access Act 2009^[47] gives Scottish Ministers powers to designate MPAs in Scottish territorial and offshore waters, respectively.

The 2020 Challenge for Scotland’s Biodiversity^[48] is Scotland’s response to the international United Nations Aichi Targets for 2020^[49] and the EU Biodiversity Strategy to 2020^[50]. The 2020 Challenge supplements the 2004 Scottish Biodiversity Strategy^[51] and together they comprise the overall Scottish Biodiversity Strategy^[52]. Key aims include preserving and restoring the health of Scotland’s ecosystems at a catchment-scale and promoting climate change resilience.

In 2020, Scottish Government published a Scottish Biodiversity Strategy Post-2020: Statement of Intent which sets the direction for a new biodiversity strategy which will respond to the increased urgency for action to tackle the twin challenges of biodiversity loss and climate change^[53]. A consultation on the new Scottish Biodiversity Strategy consultation opened on 20 June 2022 and closed on 12 September 2022^[54].

Following several further draft versions the final Scottish Biodiversity Strategy to 2045 was subsequently published on 27 November 2024^[55]. This Strategy sets out the Scottish Government’s ambition for Scotland to end biodiversity loss and be Nature Positive by 2030, and to have restored and regenerated biodiversity across the country by 2045. The Strategy will drive the transformation needed to manage and restore terrestrial, freshwater and marine biodiversity resources in Scotland, as well as providing a framework for prioritising and coordinating actions and investments. The final version of the strategy reflects the agreements made at COP15.

Population and Human Health

Directive 2012/18/EU (the Seveso III Directive) strengthens preceding legislation aimed at reducing the incidence of major industrial accidents as well as pre-emptively mitigating their environmental effects, with an emphasis on limiting consequences to human health^[56]. The Directive is implemented in the UK through the Control of Major Accident Hazards Regulations 2015^[57].

The Bathing Water Directive 2006/7/EC safeguards public health by imposing minimum water quality standards on both terrestrial and maritime bathing waters^[58]. The UK has a responsibility to monitor concentrations of certain bacteria and to inform the public about water quality and beach management.

The Land Reform (Scotland) Act 2003 introduced a new right of responsible access covering Scottish onshore, inland water, and coastal environments^[59]. The Land Reform (Scotland) Act 2016 received royal assent on 22 April 2016, making minor amendments to the previous Act.

There are also measures in place to protect against human exposure to noise pollution and disturbance from vibration. These are entrenched in both the Environmental Noise Directive (2002/49/EC)^[60] at the European level and the Environmental Protection Act 1990^[61] and Environmental Noise (Scotland) Regulations 2006^[62] at the UK and national levels, respectively.

The National Islands Plan^[63] provides a framework for action in order to meaningfully improve outcomes for island communities. The Plan sets out 13 Strategic Objectives which are considered critical over the next five years to improve the quality of life for island communities. Strategic Objective 7 is to improve and promote health, social care and wellbeing, and Strategic Objective 9 is to contribute to climate change mitigation and adaptation and promote clean, affordable and secure energy.

Soil (Marine Geology and Physical Processes)

EU Directive 2014/89/EU (the Maritime Spatial Planning Directive) consolidated and expanded upon the fundamental aspects of the Council Recommendation on Integrated Coastal Zone Management of 2002 and the Protocol to the Barcelona Convention on Integrated Coastal Zone Management of 2010, obligating the development of coastal management strategies. It aims to coordinate the development and delivery of policies across a wide spectrum of both marine and terrestrial activities, including offshore wind energy, in a way that is mindful of the natural limits of the coastal environment^[64].

In Scotland, Integrated Coastal Zone Management is achieved via the work of Local Coastal Partnerships^[65]. In addition, Marine Directorate - Science, Evidence, Digital and Data. Science is responsible for monitoring, research, and regulation of certain coastal activities.

At present, there is no legislative or policy tool developed specifically for the protection of soil^[66]. However, designations and their associated management agreements and operations often extend protection to soil as a means of enhancing the biodiversity, geodiversity, landform value, and cultural resources of the site^[67]. For example, marine geology forms part of the basis for the designation of MPAs within Scottish waters^[68]. Specifically, MPAs strive to protect rare and representative marine species, habitats, and geodiversity, the latter defined as the variety of landforms and natural processes that underpin the marine landscape.

The UK Marine Strategy covers 11 elements or descriptors, including sea-floor integrity (Descriptor 6 (D6)) comprising pelagic habitats and benthic habitats, and hydrographical conditions (D7)^[69]. In terms of benthic habitats, the high level objective for Good Environmental Status (GES) is to ensure the health of seabed habitats is not significantly adversely affected by human activities^[70]. In terms of hydrological conditions, the high level objective is that the nature and scale of any permanent changes to hydrographical conditions resulting from anthropogenic activities do not have significant long term impacts on UK habitats and species.

The Scottish Soil Framework places the sustainable management of soils within the context of the economic, social, and environmental needs of Scotland^[71]. The Framework identifies 13 key soil outcomes such as protecting soil biodiversity, reducing and remediating soil erosion, and tackling Greenhouse gas emissions. The Framework also notes the impacts that rising sea levels and associated seasonal incursion by seawater could have on coastal soils.

Water Quality

The International Convention for the Prevention of Pollution from Ships (MARPOL) regulates accidental and operational releases of pollutants into the marine environment by the shipping industry, including oil and other chemicals^[72].

The EU’s Water Framework Directive (2000/60/EC) (WFD) was introduced as a more comprehensive approach to managing and protecting Europe’s water bodies including rivers, lochs, transitional waters, coastal waters, and groundwater resources^[73]. It sets out a requirement for an assessment of both chemical and ecological status and has a goal of bringing all European waters to ‘good’ chemical and ecological status. Scotland fulfils its water protection obligations under the WFD primarily through the Water Environment and Water Services (Scotland) Act 2003^[74], which defines the establishment of River Basin Management Plans (RBMPs)^[75], and the Water Environment (Controlled Activities) (Scotland) Regulations 2011^[76]. Other relevant legislation includes the Pollution Prevention and Control (Scotland) Regulations 2012, which applies specifically to pollution originating from industry discharges^[77].

The Marine Strategy Framework Directive which is reported in the UK through the UK Marine Strategy extends the requirements of the WFD into seas beyond 1 NM. The UK Marine Strategy covers 11 elements or descriptors, including eutrophication (D5), hydrographical conditions (D7) and contaminants (D8)^[78]. In relation to eutrophication (D5), the high level objective for GES is to minimise human-induced eutrophication in UK marine waters^[79]. For hydrographic changes (D7), the GES objective is to ensure that the nature and scale of any permanent changes to hydrographical conditions resulting from anthropogenic activities do not have significant long-term impacts on UK habitats and species. For contaminants (D8), the GES objective is that concentrations of specified contaminants in water, sediment or marine biota, and their effects, are lower than thresholds that cause harm to sea life and are not increasing.

The EU Floods Directive (2007/60/EC)^[80] is implemented at the national level through the Flood Risk Management (Scotland) Act 2009^[81]. The Directive mandates the creation of flood risk management plans for all inland and coastal areas at risk of flooding, integrating their development and deployment with existing RBMPs. Flood risk management plans are designed to minimise negative impacts due to flooding on a range of receptors, including human health, the environment, and cultural heritage.

Climatic Factors

In November 2016, the United Nations Framework Convention on Climate Change (UNFCCC) Paris Agreement came into force^[82]. The Paris Agreement is the first legally binding global climate deal and sets out aims to limit global warming to well below 2^oC as well as pursue further efforts to limit it to 1.5^oC^[83]. A further long term goal is to achieve net zero levels of global GHG emissions by the second half of this century. The Agreement also covers a range of other issues such as mitigation through reducing emissions, adaptation, and loss and damage.

The Climate Change Act 2008 (as amended) ^[84] is the basis for the UK’s approach to tackling and responding to climate change. It requires that emissions of carbon dioxide and other greenhouse gases are reduced and that climate change risks are adapted to. The Act also establishes the framework to deliver on these requirements.

The Act supports the UK’s commitment to urgent international action to tackle climate change. The Climate Change Act commits the UK government by law to reducing greenhouse gas emissions by at least 100% of 1990 levels (net zero) by 2050. This includes reducing emissions from the devolved administrations (Scotland, Wales and Northern Ireland), which currently account for about 20% of the UK’s emissions.

The Climate Change Act requires the government to set legally-binding ‘carbon budgets’ to act as stepping stones towards the 2050 target. All six carbon budgets have been put into law and run up to 2037. The UK is currently in the fourth carbon budget period (2023 to 2027)^[85]. The fifth carbon budget will run from 2028 - 2032^[86], and the sixth carbon budget from 2033 – 2037^[87].

The Seventh Carbon Budget^[88] was published in early 2025, which sets out the carbon budget over the five-year period from 2038 to 2042, with emission reduction levels reduced by 87% by 2040 against the 1990 baseline. The Seventh Carbon Budget has not yet been consolidated into law, but sets out ambitious targets for delivering low-carbon electricity and also includes aviation and shipping within its calculations unlike previous carbon budgets. Within the Balanced Pathway presented in the budget, offshore wind capacity in the UK grows from 15 GW in 2023 to 88 GW by 2040.

In October 2019 the Climate Change (Emissions Reduction Targets) (Scotland) Act 2019^[89] was enacted amending the Climate Change (Scotland) Act 2009 in response to the Paris Agreement. The Act set targets to reduce Scotland’s emissions of all greenhouse gases to net zero by 2045^[90]. In November 2024, the Climate Change (Emissions Reduction Targets) (Scotland) Act 2024^[91] came into force which introduced the framework for a carbon budget-based approach for setting emissions reduction targets up to 2045.

An update to Scotland’s 2018-2032 Climate Change Plan was published in December 2020^[92], which reflects the increased ambition of the new targets for Scotland. The plan was developed with input from a number of stakeholders across academia, industry, business, trade unions, environmental organisations and expert groups to outline what a green recovery may look like and provides policies and proposals presented in a sector-by-sector basis. The plan commits the Scottish Government to a Just Transition as well as deploying nature-based solutions at scale in a sustainable and managed way.

The plan also outlines the Scottish Government’s commitment to a Whole Systems Energy Approach. This encourages joined-up and collaborative thinking across sectors to promote innovative approaches to emissions reduction. Specific consideration is given to electricity in the plan, with Electricity Outcome 1 indicating that the electricity system will be powered by a high penetration of renewables. Electricity Outcome 3 highlights that maximum economic benefits are to be secured from continued growth in generation capacity and support for new and innovative technologies to support decarbonisation goals. Achievement of these targets will require the expansion of renewable energy in Scotland, of which offshore wind is likely to form a significant contribution.

The Environment Strategy for Scotland (2020)^[93] creates an overarching framework for Scotland’s existing environmental strategies and plans, including the Climate Change Plan. The strategy sets out a vision for 2045 which includes restoring nature and ending Scotland’s contribution to climate change.

The strategy sets out six outcomes, three relating to ambitions for the environment and three relating to the relationship between the environment and wider ambitions for our economy, society and international impact. The outcomes include Scotland’s nature being protected and restored, tackling the global climate emergency and a thriving sustainable economy that conserves and grows our natural assets, with these outcomes guiding the future development and delivery of environmental strategies and plans.

The Marine (Scotland) Act 2010 specifies a duty for Ministers and the public sector to manage and progress actions within the marine environment in a way “best calculated to mitigate, and adapt to, climate change so far as is consistent with the proper exercise of that function”^[94]. Scotland’s National Marine Plan^[95] considers climate change in terms of how actions undertaken within the plan can help to mitigate GHG emissions, in addition to how these actions also need to be adapted to take into account the effects of climate change. The plan also stipulates that the development and use of the marine environment should not have a significant impact on the national status of priority marine features, several of which are known for their role in caTLANrbon sequestration.

NPF4 contains a policy to tackle the climate and nature crisis (Policy 1) “To encourage, promote and facilitate development that addresses the global climate emergency and nature crisis” ^[96].

Climate Ready Scotland: climate change adaptation programme 2019-2024^[97], is a five year programme to prepare Scotland for the challenges it will face as the climate continues to change. One of the outcomes of the programme is that the coastal and marine environment is valued, enjoyed, protected, and enhanced, and has increased resilience to climate change.

Climate change: Scottish National Adaptation Plan 2024-2029^[98], is a five year programme which sets out actions to build Scotland’s resilience to climate change. One of the outcomes of the programme is that evidence-informed planning and management improves marine ecosystem health, values Scotland’s marine environment, and supports Scotland’s Blue Economy.

The UK hosted the 26^th UN Climate Change Conference of the Parties (COP26) in Glasgow between 31 October and 13 November 2021^[99]. The COP26 summit brought parties together to accelerate action towards the goals of the Paris Agreement and the UN Framework Convention on Climate Change. The outcomes achieved are outlined in the COP26 Glasgow Climate Pact^[100].

The 27^th UN Climate Change Conference of the Parties (COP27) was held in Egypt in November 2022. A new global climate pact, the Sharm el-Sheikh Implementation Plan, was agreed at the COP27 summit^[101]. It included a historic commitment by richer nations to give money to developing nations to help them recover from the damage and economic losses wreaked from ongoing climate change impacts.

At the 28^th UN Climate Change Conference of the Parties (COP28) held in Dubai in December 2023 the central outcome was the global stocktake which recognises that global GHG emission need to be cut by 43% by 2030 compared to 2019 levels but notes that Parties are offtrack in meeting their Paris Agreement goals^[102]. The global stocktake requires actions towards tripling renewable energy capacity by 2030 and measures to transition away from fossil fuels.

The 29^th UN Climate Change Conference of the Parties (COP29) held in Azerbaijan in November 2024, with a central focus on climate finance, agreed to a new finance goal to help developing countries mitigate against climate disasters^[103].

Cultural Heritage

The United Nations Educational, Scientific and Cultural Organization Convention on the Protection of the Underwater Cultural Heritage obligates signatories to take steps to preserve their underwater heritage both within territorial waters and as well as throughout their Exclusive Economic Zone^[104]. Article 5 refers to activities that could incidentally affect underwater cultural heritage, such as offshore wind energy generation.

The Joint Nautical Archaeology Policy Committee Code of Practice for Seabed Developers is a voluntary code of practice^[105]. It provides a framework that seabed developers can follow to ensure their activities are sympathetic to archaeological resources. Further sources of guidance include those that set out protocols to deal with the marine historic environment developed specifically for the offshore renewable energy sector^[106].

The Marine (Scotland) Act 2010 included an article on the establishment of historic MPAs to safeguard a wide range of heritage assets at the coast edge, on the foreshore, and out to sea, including the remains of ships and aircraft lost at sea; harbours, lighthouses, and other structures relating to transport and trade by sea; and the remains of human settlements at the coastal fringe. They extend and replace the protection previously afforded to underwater heritage by the Protection of Wrecks Act 1973^[107].

The Ancient Monuments and Archaeological Areas Act 1979 provides for the protection of archaeological heritage, including the scheduling of ‘monuments’^[108]. The Act is primarily intended for terrestrial locations but includes provision to designate submarine sites. The 1979 Act was modified by the Historic Environment (Amendment) Scotland Act 2011^[109].

Our Past, Our Future – The Historic Environment Strategy for Scotland, published in 2023, lays out a 5 year strategy for Scotland’s historic environment^[110]. The strategy sets out a national mission to sustain and enhance the benefits of Scotland’s historic environment, for people and communities now and into the future. The strategy is aligned with the key Scottish Government ambitions to build a wellbeing economy, create more resilient, inclusive and sustainable places, and deliver net zero in response to climate change.

The Historic Environment Policy for Scotland^[111] sets out an overarching framework for historic environment policy in Scotland. NPF4 also includes a policy “to protect and enhance historic environment assets and places, and to enable positive change as a catalyst for the regeneration of places”^[112].

Landscape, Seascape and Visual Amenity

The European Landscape Convention strives to promote landscape protection, management, and planning as well as achieve a more concerted approach to addressing landscape issues at the European scale^[113]. The Convention presents a highly inclusive definition of landscape, specifying that protection and enhancement activities should apply equally to both ‘outstanding’ as well as less remarkable or degraded landscapes. This definition encompasses natural, rural, urban, and peri-urban landscapes across land, marine, and inland water environments.

At a national level, the role of Scotland’s natural heritage and landscapes in informing land use planning is set out in NPF4 and specifically the Natural Places Policy (Policy 4) “to protect, restore and enhance natural assets making best use of nature-based solutions”^[114]. The Energy Policy (Policy 11) also states that project design and mitigation will need to demonstrate how significant landscape and visual impacts are addressed, recognising that such impacts are to be expected for some forms of renewable energy. Where impacts are localised and/or appropriate design mitigation has been applied, they will generally be considered to be acceptable. The vulnerability of landscapes to climate change is also noted.

NatureScot’s Landscape Policy Framework strives to ‘safeguard and enhance the distinct identity, the diverse character, and the special qualities of Scotland’s landscapes as a whole’^[115]. NPF4 gives significant protection to wild land areas^[116]. The National Marine Plan also sets out the consideration of wild land in addition to largely undeveloped coasts, noting that development should be considered in line with Scottish Planning Policy (which has now been replaced by NPF4) when planning for and taking decisions which may impact on such areas.

NatureScot has also produced guidance on ‘Siting and Designing Wind Farms in the Landscape’ that includes a section on coastal landscapes and the potential impact offshore wind farms may have on inland and offshore land and seascape character and views, including views from boats and ferries^[117]. It also states that existing landmarks like historical or navigational features (such as lighthouses), distinctive coastal landforms, coastal settlements, and areas valued for recreation should be avoided when selecting locations for wind energy development. Additional advice is provided by their ‘Offshore Renewables – guidance on assessing the impact on coastal landscape and seascape’ publication^[118].