Orkney Islands Regional Marine Plan
This plan covers the management of the Scottish Marine Region for the Orkney Islands. It guides and supports decision making for development and use of the sea, and represents the second tier of marine planning, following on from the National plan.
Appendix 1: Licensing and Consenting Decisions
A1.1 Table A1 outlines licensing and consenting requirements, or authorisation and enforcement decisions, for marine development and activities. It is intended for guidance purposes only and does not provide an exhaustive list of all relevant licensing and consenting requirements and associated processes.
A1.2 Public authorities are required to take any authorisation or enforcement decision in accordance with the appropriate regional marine plan, unless relevant considerations indicate otherwise[137]. Table A1 identifies the key authorisation and/or enforcement decisions that implement the Plan policies. The key types of assessment that may be required to inform licence or consent applications are identified.
A1.3 Legislation, plans, strategies and policies relevant to marine development and activities are provided in Appendix 2, which is not exhaustive.
Table A1: Licensing and consenting for marine development or activities
Licence or consent type and responsible body
Marine Licence: Marine Directorate – Licensing Operations Team (MD-LOT)
Controlled water activities (CAR) licence: SEPA
Planning permission and related consents: Planning Authority (Orkney Islands Council for the Orkney Islands local authority area)
Works licence: Orkney Islands Council
Scheduled Monument Consent: HES
Licence to carry out prohibited works, operations, etc. on controlled sites: Ministry of Defence (MOD)
European Protected Species licence: NatureScot (Scottish Natural Heritage)/MD-LOT
Seabed lease: CES
Section 36 Electricity Act consent: MD-LOT
Related assessments that may be required for obtaining a licence or consent for development and/or activities
EIA: Planning Authority/MD-LOT/Department for Energy Security and Net Zero.
Habitats Regulations Appraisal (HRA): MD-LOT/Planning Authority
Disclaimer Table A1 is intended for guidance purposes only and does not provide an exhaustive list of all relevant licensing and consenting requirements and associated processes.
For further guidance, refer to the Orkney Islands Council planning permission guidance notes for the submission of marine-related development applications[138] and Marine Directorate of the Scottish Government’s Guidance for Marine Licence Applicants[139].
It is strongly advised that applicants consult with the appropriate licensing or consenting authorities as early as possible to determine the appropriate licence or consent requirements and to identify key stakeholders (including other marine users) and their relevant responsibilities.