Annex A: Baseline Policies in the pilot Pentland Firth and Orkney Waters Marine Spatial Plan
|Policy Title||Policy Text|
|General Policy 1A: Sustainable Development||Development and/or activities will be supported by this Plan when it can be demonstrated that:
|General Policy 3: Climate Change||The Plan will support development proposals that demonstrate:
|General Policy 4A: Nature Conservation Designations||The Plan will support development and activities where due regard is given to the importance of international, national and locally designated nature conservation sites:
Internationally designated sites
Development likely to have a significant effect on a site designated or proposed to be designated as a SPA, SAC (collectively known as Natura 2000 sites) or a Ramsar site, alone or in combination and not directly connected with, or necessary to the conservation management of that site must be subject to an Appropriate Assessment in order to assess the implications for the site's conservation objectives.
The development will only be permitted in circumstances where the assessment ascertains that:
Development that affects a Nature Conservation Marine Protected Area ( NC MPA) will only be permitted where it can be demonstrated to the satisfaction of the relevant public authority that the proposal will not significantly hinder the achievement of the conservation objectives of the NC MPA. Where there is no alternative that would have a lesser impact on the conservation objectives of the NC MPA and the public benefit outweighs the environmental impact, the applicant will arrange for measures of equivalent environmental benefit to offset the anticipated damage.
Development that affects a SSSI or GCR site will only be permitted where (for SSSIs) the objectives of designation and overall integrity of the area, or (for GCR sites) the reasons for selection, will not be compromised, or where significant adverse effects on the qualities for which the area has been designated/ selected are clearly outweighed by social, environmental or economic benefits of national importance.
|General Policy 4B: Protected Species||The Plan will not support development or activities that would likely have an adverse effect on a European Protected Species unless the relevant consenting or planning authority is satisfied:
Development and activities will only be permitted where they comply with any licence granted by the appropriate authority required for the purpose of species protection.
Development likely to have an adverse effect on other species protected under current wildlife legislation, individually and/or cumulatively will only be permitted if those effects can be mitigated to the satisfaction of the relevant consenting or planning authority, or if they are satisfied that legislative requirements to proceed can be met.
|General Policy 4D: Landscape and seascape||The siting and design of any proposed development should demonstrate how the proposal takes into account visual impact and existing character and quality of landscape and seascape.
Development and activities that affect National Scenic Areas ( NSAs), Wild Land Areas ( WLAs), National Parks, World Heritage Sites and Special Landscape Areas ( SLAs) should only be permitted where:
|General Policy 4E: Geodiversity||Development and activities may only be supported by this Plan where they:
|General Policy 5B: Coastal processes and flooding||The Plan will support proposals for development and activities, including any linked shore-base requirements, that demonstrate, potentially by way of a flood risk assessment, that:
|General Policy 6: Historic Environment||Development which has the potential to have an adverse effect on the archaeological, architectural, artistic or historic significance of heritage assets, including their settings, will be expected to demonstrate that all reasonable measures will be taken to mitigate any loss of significance, and that any lost significance which cannot be mitigated is outweighed by the social, economic or environmental benefits of the development. Preservation in situ will always be the preferred form of mitigation. The results of any mitigation measures must be published in an agreed format, and all supplementary material lodged with an agreed publicly accessible archive.
Heritage assets of very high significance should be protected from all but minor adverse effects to their significance unless there are overwhelming social, economic or environmental benefits from the development. For these sites the highest levels of mitigation will be required. This includes all sites where there is a substantial likelihood of the survival of human remains, and all sites protected under the following Acts: Protection of Military Remains Act 1986 (as amended); Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (as amended); Ancient Monuments and Archaeological Areas Act 1979 (as amended); Marine (Scotland) Act 2010.
For those sites which are designated, licences or consents are likely to be required from the relevant authority before the commencement of development. Receiving these consents may be a condition of marine licence approval. Proposals for development and use that may affect the historic environment should provide information on the significance of known heritage assets and the potential for new discoveries to arise. They should demonstrate how any adverse impacts will be avoided, or if not possible minimised and mitigated. Where it is not possible to minimise or mitigate impacts, the benefits of proceeding with the proposal should be clearly set out.
Whilst requirements of navigation and safety take precedence over the conservation of the historic environment, they do not remove the need for development proposals to comply with this policy so far as is reasonable.
|General Policy 8A: Noise||This Plan will support developments in the marine environment where:
|General Policy 8B: Waste Management and Marine Litter||
|Sectoral Policy 2: Aquaculture||Aquaculture developments may be supported in principle by the Plan where they are in compliance with:
|Sectoral Policy 3: Oil and gas||Exploration and production of oil and gas will be supported by this Plan, working with DECC and, when established, the new Oil and Gas Authority and Competent Authority when:
|Sectoral Policy 6: Marine Transport||Development proposals should consider potential impacts on existing or planned shipping routes, navigational safety and access to ports and harbours.
Development proposals which would have an adverse impact on efficient and safe movement of shipping between ports, harbours and other anchorages should be refused.
Development should not proceed where key shipping routes would be unduly compromised.
Existing ferry routes should be safeguarded taking account of ferry movements in all weather conditions.
|Sectoral Policy 7: Ports and Harbours||The sustainable growth of the ports and harbours within the PFOW area, particularly within existing facilities, will be supported by the Plan were:
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