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


29. Sectoral Policy 4: Renewable energy generation

29.1 Summary of responses received

Stakeholder Count
Commercial 3
Fisheries and aquaculture 2
Individual 1
Non-governmental organisation 1
Public sector 6
Recreation 1
TOTAL 14

29.2 Main themes

29.2.1 The respondents provided comments on a range of issues such as how, and if, co-existence in the Plan Areas will occur, floating offshore wind technology, the need for monitoring to increase data and knowledge regarding the impact of marine renewables, the remit of the Marine Renewables Facilitators Group and concerns regarding displacement of fisheries.

29.2.2 Suggested text changes and corrections are included in the table but the main points made by the respondents are discussed below.

29.2.3 Two respondents representing the recreational sector (yachting and public body) both noted that impacts can be mitigated if there is good communication with developers and good understanding of the effects on key issues such as small craft navigation, design and siting to avoid collision risk and avoidance of sailing and racing areas. Ongoing monitoring of this effects is critical to building on ongoing research.

29.2.4 Scottish Natural Heritage noted the importance of post consent monitoring of marine renewables to help plug some of the information gaps regarding the impact of renewables on the marine environment. They noted they have collaborated on research with the European Marine Energy Centre ( EMEC) to develop techniques to understand animal interactions around tidal turbines and that these results will inform future deployments at the EMEC sites and also in Scotland and elsewhere. They suggest wording to strengthen the policy with regard to monitoring (see table).

29.2.5 Another respondent from the recreational sector echoed the sentiment that there are significant knowledge gaps regarding how species and habitats interact with, and are affected by, offshore renewables. This respondent noted there would need to be long term investment in environmental monitoring and research to address these gaps.

29.2.6 Some respondents felt there should be reference to floating offshore wind.

29.2.7 It was noted by some respondents that the Sectoral Plans are currently in draft format. There were also comments relating to the fact that it is likely that only a small proportion of the Plan Options outlined in the Sectoral Plan will be developed. The associated Sustainability Appraisal for the Sectoral Plans suggests under a 'high' development scenario this would be in the order of 25-26% for offshore wind, 1% for wave and 5% for tidal. One respondent noted that the Plan will assist during the planning process for identifying new commercial sites within the PFOW and ensure due consideration is given to all parties involved.

29.2.8 Two respondents commented on the text in relation to co-existence within these areas with one respondent noting it is incumbent on other proposed activities within these areas to address any potential impact they may have on future renewable deployments. Another respondent felt it must be acknowledged that it will not always be possible for all existing activities to continue within a development site without impact or for potential synergies to be realised.

29.2.9 Some respondents also noted that it is possible to develop outwith the Plan Option areas in some cases. One respondent from the renewable energy sector suggested that if the developer has been able to demonstrate a location outwith these areas is acceptable commercial developments (of all generation types) should be supported.

29.2.10 This respondent noted that they believe the offshore wind area ( OWN1) identified within the Sectoral Plan is unlikely to be a near term development option but they are aware of other commercial scale opportunities that exist in the PFOW area. This respondent commented that locations outwith the Plan Option areas for near to medium term commercial scale developments will be required if the industry is to progress.

29.2.11 One of these respondents also asked for clarification regarding the transparency of the Marine Renewables Facilitators Group in how they provide advice to developers whose projects are being scrutinised. A different respondent noted this group is integral to proposed marine renewable developments in terms of provision of advice and feedback. Another respondent noted sporting interests should be represented on this group.

29.2.12 Scottish Water supported early and effective communication and noted that both onshore and offshore renewables can impact on their underground water and wastewater network.

29.2.13 A renewable energy stakeholder noted there are difficulties associated with projects being able to screen grid connections against local plans and suggested that for many marine projects the responsibility for the onshore grid connection infrastructure will rest with the grid network operator and not the project developer.

29.2.14 A fisheries stakeholder commented that there is a lack of understanding about what fishing displacement means. The respondent noted it is not always possible for fishermen to move their activities elsewhere and that there is a lack of understanding about the industry at government, political, non-governmental organisation and developer level. The respondent welcomed the text in paragraph 407 (now 411).

29.2.15 Another fisheries respondent suggested it was too late for the Plan to offer any protection to the fishing industry as the Crown Estate and Marine Scotland's Regional Locational Guidance have already offered the development industry 'huge swathes of seabed' with little input from fishing. The respondent noted it is essential that fishing interests are consulted before allocation of space in order to avoid any negative impacts.

Table 29.1 Sectoral Policy 4 Renewable energy generation - Table of suggested modifications

No. Suggested modification Action taken Reason
307 Check text in relation to Crown Estate Lease Areas and Agreement for Lease areas and the figures quoted for the number of sites in the PFOW. PARAGRAPH 398 (now 402): New second sentence added 'A further five areas are leased to EMEC for sea trials, two of which are not planned to be grid connected'. To accommodate request.
308 Para. 410. Should be 'tackling' in first line. PARAGRAPH 410 (now 414): 'tacking' changed to 'tackling'. Correction.
309 Add a footnote link to the Regional Locational Guidance in paragraphs 396, 401, 408 and Sectoral Policy 4 and include the hyperlink in the 'Further considerations' section. PARAGRAPH 389 (now 393) and PARAGRAPH 396 (now 400): Footnotes to Sectoral Marine Plans and associated Regional Locational Guidance added and link provided in Further Information section. To accommodate request.
310 A commitment to ensuring that navigational channels are kept open as some types of devices have the potential to close routes and this may not be able to be mitigated. None. Sectoral Policy 6 deals with key shipping routes and the importance of keeping them open so there is no need to reiterate this information in this policy.
311 Reference should be made to the potential for development of floating windfarms. NEW PARAGRAPH 413 (now 417) added (see below). To accommodate request.
312 Recognition that detailed understanding of the sporting uses of the area, understanding of the potential impact, appropriate early consultation, key issues addressed and consideration of a range of mitigation measures is required to mitigate any impact. None. No specific modification requested and covered in main themes section.
313 Query as to whether the safety and/or loss of vessels and any subsequent loss due to the installation of manmade structures has been factored in especially as regards Search and Rescue and insurance. None. No specific modification suggested and links provided to relevant guidance.
314 Suggested text addition: Due regard to be taken of MCA Publications MGN 275, 371, 372 and IALA 0-139. PARAGRAPH 409 (now 413): Added new last sentence 'Other guidance includes the Maritime and Coastguard Agency Marine Guidance Notes ( MGN 371 and 372, or subsequent updates) in relation to offshore renewable energy installations and the International Association of Marine Aids to Navigation and Lighthouse Authorities recommendations on the Marking of Man-Made Offshore Structures'. To accommodate request.
315 We strongly recommend that Policy 4 includes specific requirement for developers to submit a monitoring plan informed by advice from key agencies. This will provide a sound basis for requiring such monitoring as part of the relevant consent. We suggest the following wording:
"The Plan will support proposals when:
a scheme is submitted that sets out how any potential long term residual environmental effects identified by the EIA will be monitored"
None. Monitoring would be considered as part of the licensing and consenting process so an additional bullet point has not been added. Ongoing updates to the Environmental Impact Assessment directive would have to be taken into account in future regional marine plans.
316 Future considerations
We suggest that this section more clearly articulates the expectation that statutory marine planning processes should refine the sectoral plan option areas relevant to the PFOW regions, potentially using more detailed opportunity/constraint mapping methods.
PARAGRAPH 415 (now 420): Second sentence added 'Ongoing development of more detailed mapping methods to identify opportunities and constraints will help the statutory marine planning process refine e.g. the Plan Option areas. To accommodate request.
317 'The Plan will support proposals when any adverse impacts are satisfactorily mitigated.'
We recommend this statement is amended to either refer to the general policies OR ensure consideration is made of the potential individual and cumulative/ in-combination effects of the proposal have been addressed and managed sustainably.
None. Cumulative impacts are considered by the General Policies 1A, 4B, 5A and 8A and they apply to all developments.
In-combination effects are addressed in General Policy 4A.
318 Clarify status of Sectoral Marine Plans i.e. whether draft or final. Weblink provided to most up to date information on Sectoral Marine Plans. To accommodate request.
319 Paragraph 395 states that development 'should be' sited in the Plan Option Areas; however, then goes onto say that development could happen outside of these areas. Therefore, instead of 'should be' a better phrase might be 'is preferred'. PARAGRAPH 395 (now 399): Added new second sentence 'Plan Options are considered the preferred strategic locations for the sustainable development of offshore wind and marine renewables'. Clarity.
320 Paragraph 404 highlights potential impacts between renewables and other sectors, without providing examples or reference to other documents. It is unclear what the potential impact pathways might be, for example between marine renewables and aquaculture, within the PFOW area given that these sectors do not seek out similar environments. Some additional information on the potential impacts, or links to other documents outlining these, would be useful. PARAGRAPH 404 (now 408): Deleted 'aquaculture'. Clarity.
321 Paragraph 410 - It is unclear from this paragraph whether or not the Marine Renewables Facilitators Group is transparent in nature with their advice being provided to the developers whose projects are being scrutinised. A list of members of the group would be useful, some information on when they fit into the process, whether they can be approached independently and some commentary on the transparency of their advice would be welcomed. None. The Marine Renewables Facilitators Group would be set up as and when needed and the membership would be as outlined on the webpage although it is possible people or organisations with specific expertise would also be invited to be part of the group if deemed necessary.
322 Map 17 - Firstly it should be noted that not all of these areas are Lease areas - many are at the Agreement for Lease ( AfL) stage and yet to reach full Lease. Additionally, it should be noted that in relation to responses 're Paragraph 395 above, that there are multiple AfL's outside of the option areas, thus lending more weight to the proposed textual changes as set out above. MAP 17: Legend updated to read 'The Crown Estate - Wave sites' and 'The Crown Estate - Tidal sites' Correction.
323 Paragraph 414 - A link to any plan level HRA should be provided here. PARAGRAPH 414 (now 419): Links provided elsewhere in this section to most up to date information on Sectoral Marine Plans. To accommodate request.
324 Policy 4 Renewables 387-415 with information on EMEC. It should be noted at 410 the potential to utilise a facilitators group to resolve issues. None. Already covered in text.
325 Wording is skewed towards marine renewables with little treatment of offshore wind. NEW PARAGRAPH 413 (now 417): added: Floating offshore wind is a technology that is currently developing and Marine Scotland has created Regional Locational Guidance that identifies possible areas where test sites for deep water floating technology could be located. One of these areas is off Westray and as this is an area of potential development that would need to be taken into consideration in the future as the technology develops.
Link to be added: [ http://www.gov.scot/Topics/marine/marineenergy/Planning/DRLG]
To accommodate request.
326 We would challenge and highlight difficulties associated with projects being able to screen grid connections against local plans. For many marine projects it is highly likely that responsibility for the onshore grid connection infrastructure will rest with the grid network operator and not the project developer. Whilst the marine project developer can request a particular point of connection to the grid network the ultimate decision rests with the grid asset developer. None. The policy text would be inclusive of the grid asset developer who would also be required to consider the relevant Local Development Plan.
327 For all generation types the policy wording should support commercial developments outwith the plan option areas where the developer has been able to demonstrate the location is acceptable. None. The policy text notes the Plan Option areas are the preferred areas but the background text notes that development of offshore wind and marine renewables can be proposed for outwith these areas but that may present a higher risk in consenting terms (paragraph 399).
328 We request a statement is added at the beginning of the general policies section, and in sectoral policy 4, to clarify that developers are expected to comply with their legal obligations in relation to EIA and the objectives are merely descriptors of information expected to be contained within an EIA. None. Requirements of Environmental Impact Assessment are covered in paragraphs 71-75.

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