National Marine Plan 2 - planning position statement: consultation analysis

Scottish Government Response

We are committed to working with stakeholders to develop a new national marine plan for Scotland which will deliver for our island and coastal communities, our marine economies and progress action on climate change and biodiversity loss.

The feedback received from the responses to our NMP2 Planning Position Statement will be used to further policy development, inform statutory assessments and strengthen the programme of engagement events as highlighted in the NMP2 Statement of Public Participation and Stakeholder Engagement Strategy.

As part of the response to this analysis report, we have set out below the ongoing actions being taken as a result of your engagement and feedback to date, what wider considerations are framing our policy development, and what our next steps are in relation to the development of NMP2.

However, following some of the feedback received to the PPS it is important to clarify some of the policy proposals and their intent.

We are clear that our proposed policy approaches, as set out in the PPS, do not intend to weaken environmental protection but, rather, to improve implementation of the plan. NMP2 will provide context and guidance to decision makers on implementation of the plan, and this is an essential consideration within the plan development.

NMP2 will support decision makers to deliver on Scottish and UK Government commitments through marine planning. The streamlined set of high-level objectives in the PPS sets the national ambition for marine planning in Scotland and these have been distilled from the wider commitments, including the Good Environmental Status (GES) descriptors and UK Marine Policy Statement High Level Marine Objectives (HLMOs).

Under the Marine Acts^[3], Scottish Ministers are required to monitor the implementation of any adopted marine plan. As part of the development process, we intend to produce a monitoring and evaluation framework, to be published alongside NMP2, which will be used to monitor implementation of the plan.

Healthy, biodiverse and productive seas are key to securing long-term benefits and opportunities for everyone in Scotland. A resilient marine environment is critical to help us mitigate climate change, as well as adapt to its impacts. It is also fundamental to support our blue economy including food production, marine businesses, wellbeing and recreation.

Consultation informed actions

The publication of this analysis report does not represent the end of our considerations of the feedback received to date. The following illustrates the ongoing actions being taken forward following this reports publication.

Policy development

All the feedback has and is being used to refine and update the planning policy wording in a draft NMP2.

The impact of new activities on existing users is being addressed through updates to the co-existence policy. Additionally, we are exploring the data requirements to ensure mitigation can be applied proportionately in circumstances where coexistence is not feasible.

HLOs

Following on from the feedback on our PPS proposals on high-level objectives, we are considering updated wording on the drafted HLO’s and are further considering another HLO for support to island and coastal communities.

Our policy teams are considering how to apply proportionate application of any of our proposed planning policies and mitigation hierarchy in marine decision-making and what further guidance could be set out for decision makers on the policy intentions.

Definitions and implementation

Thanks to the clear feedback received, we are developing clear definitions for all terms in the draft NMP2, including co-existence and co-location, and are reviewing and where appropriate updating the current definitions used.

In relation to this, when updating the definitions of co-existence and co-location, we have explored making the two terms and the policy requirements more distinct. This action was taken to ensure that the policy had a clearer route to implementation, and includes consideration of how co-existence will be reflected in the decision-making process and how it will link to prioritisation within the plan.

We are also reviewing the implementation requirements for NMP2, building on those put forward in the consultation responses, and this includes consideration of NMPi and requirements for accompanying guidance and engagement following plan adoption.

Our policy colleagues are aware of the relevant duties and responsibilities relating to the preparation of a marine plan, and during the development of the NMP2 are considering our approach to appropriate review. When a draft is published, this will include giving consideration^[4] to the appointment of an independent person to investigate the proposals contained and report on them.

Related marine plans and strategies

We will continue to look at the role of Regional and Sectoral Marine Plans within the context of NMP2, and seek to clarify both the role these play in future marine planning, and how these plans can aid in the delivery of key policy areas.

Our policy team is updating their evaluation of the relevant plans, policies and strategies that can, or could in future, be supported by the development of NMP2.

Stakeholder engagement

We acknowledge the concerns raised via this consultation relating to meaningful engagement and stakeholder fatigue. To address this, and as highlighted in our NMP2 Statement of Public Participation and Stakeholder Engagement Strategy, we have been sharing outputs as they become available as part of an iterative process to collaboratively develop NMP2 with communities. This is an ongoing commitment made to consider the Just Transition principles throughout the marine planning process.

Where follow-up engagement was requested or identified during the PPS consultation, our policy teams have sought to arrange this promptly. This will continue to be actioned throughout plan development to help co-design implementable policies and adhere to the commitments set out in our Engagement Strategy. As part of this, we renew our commitment to assess accessibility considerations for engagement methods, opportunities and formats to ensure the most appropriate are used.

Further considerations

There is much ongoing work across Scottish Government to protect and support our valuable marine environment, including development of a blue carbon action plan, a marine restoration plan, the seabird conservation action plan and fisheries management measures for our marine protected areas.

As such, work has been undertaken to ensure that the proposed policy ideas align with wider plans, policies and strategies. This work continues to be updated as more information and feedback becomes available.

As an example of overlapping interests, while our PPS was published in Autumn 2024, a separate call for evidence was also running during this period to gather the

expert input needed to inform development of the Inshore Fisheries Management Improvement (IFMI) Programme. We will ensure policy colleagues from across both areas communicate and understand any relevant feedback as it relates to their area.

It is essential that we work closely with colleagues representing different sectors to ensure proportionate delivery of NMP2. This includes exploring how planning policy could enable a more strategic approach to licensing areas for storage, maintenance and construction of offshore wind infrastructure.

The requests to recognise the role of oil and gas in the energy transition is being considered and will inform subsequent plan information regarding the energy transition but, at this time, we are not considering a sector specific policy on oil and gas as it is a reserved matter.

Strategic Compensation policy is being developed alongside the UK Government as part of the Energy Act implementation and as set out in the legislation will only be available for Offshore wind projects.

Next steps

We are keen to consider and reflect on feedback from current consultations and developing work to estimate the cumulative impact on fisheries from offshore wind development, cabling, marine protected area designations and other relevant marine polices.

The NMP2 process will consider how marine planning can best support those affected by changes in the use of our seas and identify any mitigation measures which can be built into the plan, whilst also considering the roles that regional and sectoral planning can play.

The demand for marine space is increasing but together with stakeholders we will explore how best the NMP2 can help reduce conflict for marine space, whilst realising the potential opportunities and implications for marine sectors and communities.

To ensure NMP2 can provide the overarching planning framework for the sustainable development of our seas, it is essential that we consider the outcomes from current consultations along with the issues raised via our PPS consultation.

Therefore, we have made the decision to postpone the upcoming consultation on a draft NMP2 to allow for further consideration of the feedback received and our approach to NMP2.

An update on anticipated timing will be communicated in due course.