Pilot Pentland Firth and Orkney Waters Marine Spatial Plan. Consultation Analysis and Modifications Report.
The Pentland Firth and Orkney Waters Marine Spatial Plan is a pilot process undertaken by a working group consisting of Marine Scotland, Orkney Islands Council and Highland Council in advance of statutory regional marine planning. This report presents an
8. General Policy 1A Sustainable Development
8.1 Summary of responses received
| Stakeholder | Count |
|---|---|
| Commercial | 4 |
| Fisheries and aquaculture | 3 |
| Individual | 1 |
| Non-governmental organisation | 1 |
| Public sector | 4 |
| Recreation | 1 |
| TOTAL | 14 |
8.2 Main themes
8.2.1 The majority of comments were concerned with how the term sustainable development is used in the policy with some respondents suggesting changes to the text contained within the figures to clarify this.
8.2.2 Two stakeholders from the aquaculture sector (one commercial and one association) both made the same point that aquaculture is not 'an emerging growth sector' and notes that 'fish farming has a proven record of sustainable development'. Both noted that the Plan should be even handed 'in expressing support for all industries that have positive economic impacts'.
8.2.3 Two respondents (public sector and a renewable energy stakeholder) both raised concerns regarding co-existence. A similar point was raised in a letter received from a renewable energy stakeholder. Although the efficient use of marine space was welcomed both had concerns that this was challenging to achieve and could put 'co-existence ahead of commercial viability'. It was noted that the ability to achieve co-existence should be assessed on a case by case basis. One stakeholder noted it must be acknowledged that there are a variety of reasons why it will not always be possible for activities to co-exist.
8.2.4 Two stakeholders (both public sector) made comments regarding efficient use of infrastructure. One noted they are keen to maximise the effective use of current infrastructure and may be able to offer support to people and companies who wish to utilise the facilities and promote sustainable development. The other stakeholder, Scottish Water, welcomed this policy and noted that proposals for new or expanded environmental designations should consider whether the demands this may place on Scottish Water are reasonable in a sustainable context.
8.2.5 Another comment was that care is needed to ensure policies are in accord with national and local terrestrial planning and the example of differences in approach between the Plan and Scottish Planning Policy in relation to sustainable development was given. It was also noted that it may be 'unrealistic for the overall policy approach to be set by accordance with terrestrial policy'.
Table 8.1 General Policy 1A Sustainable Development - Table of suggested modifications
| No. | Suggested modification | Action taken | Reason |
|---|---|---|---|
| 89 | Add 'they encompass the Ecosystem Approach and that:' to the end of the first sentence in the policy box for GEN 1A. | None. | General Policy 1C addresses safeguarding marine ecosystems. |
| 90 | Suggested that to avoid confusion the word 'activities' is taken out the first sentence and an additional sentence is included towards the bottom as follows "The sustainable development principles outlined above are also applicable to the good management of other activities that take place in the marine environment that do not require specific consent" | No modification made to General Policy 1A as suggested. PARAGRAPH 41 (now 42): Text changed to' Development(s) are defined as construction that requires a specific form of statutory consent from a competent authority to utilise a defined area. This can include new developments or alterations, extensions or changes in material use to existing developments that require a statutory consent. The definition of development for purposes of this Plan includes but is not limited to the definition provided under the Town and Country Planning (Scotland) Act 1997, as amended by the Planning etc. (Scotland) Act 2006. Activities include current or future use that is covered by a public right of use ( e.g. navigation, rights of access) or use that requires a specific statutory consent from a competent authority ( e.g. dredging). The term activities also includes any other legitimate use that is not specifically addressed by a public right, e.g. recreational activities such as surfing, open water swimming etc. |
While many activities are not regulated / consented, decisions may be taken that relate to them, therefore reference to development and activities is considered appropriate. The Marine (Scotland) Act 2010 refers specifically to marine licensable activities, therefore, the Plan definition of activities has been up dated to include those activities that require consent in addition to those activities that do not. |
| 91 | GEN 1A should include reference to the sustainability principle of 'using sound science responsibly'. | POLICY TEXT: Inserted an additional bullet point at the end of the first set of bullet points that states 'Sound science has been used responsibly'. | To provide greater consistency between the policy criteria in General Policy 1A and the Plan definition of sustainable development in Information Box 1. |
| 92 | Add extra bullet point to second list of bullets in policy text: 'the protection and, where appropriate, enhancement of the health of the marine area. |
POLICY TEXT: Added new bullet point to top of second bulleted list 'the protection and, where appropriate, enhancement of the health of the marine area'. | To comply with Section 3 of the Marine Act. |
| 93 | Change emphasis of text regarding aquaculture and fish farming to note that it is an established industry and contributes to the sustainable economic growth of Scotland. | PARAGRAPH 124: The words 'the emerging' have been removed from the first sentence. | For greater accuracy. |
| 94 | Changes to Figure 3 to change direction of arrows. | FIGURE 3: Arrows removed. | To improve the clarity of the diagram. |
| 95 | General Policy 1A should include indirect effects. | POLICY TEXT: The word 'indirect' has been inserted into the first bullet point. | To support a more comprehensive assessment of social, environmental and economic effects. |
| 96 | Too much focus on economic gains, text needs greater focus on living within environmental limits and associated benefits. | None. | The Plan objectives and policies take a balanced approach to delivering sustainable development through the consideration of a range of social, economic and environmental factors including living within environmental limits. |
| 97 | Re-word the emphasis placed on co-existence so it is not applied where not necessary or appropriate. | POLICY TEXT: The third bullet point has been amended to 'it will make efficient use of marine space, and where appropriate, maximise opportunities for co-existence between marine users and support the multiple use of marine space'. | To enable opportunities for co-existence between marine users and the ability to support multiple use of marine space to be considered on a case by case basis. |
| 98 | Consider paragraphs 28 and 29 of the Scottish Planning Policy and take into account in approach. | None. | General Policy 1A: Associated text supports the delivery of the 5 Sustainable Development principles in the UK Marine Policy Statement and the relevant National Marine Plan General Policies. Elements of Scottish Planning Policy sustainable development policy that are directly relevant to planning in the marine environment have been addressed. |
| 99 | The UK Marine Policy Statement text 'A key principle will be to promote compatibility and reduce conflict' would strengthen the text. | None. | Reference to supporting co-existence between marine users in Objective 3 and General Policy 1A seeks to promote compatibility and reduce conflict. |
| 100 | Biological sustainability should be included in GEN 1A. | None. | Biological factors sit under the environment in General Policy 1A. |
| 101 | Change policy text to developments and activities. | POLICY TEXT changed to read 'development(s) and/or activities' | Clarity. |
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