Annex B: New Policies in the pilot Pentland Firth and Orkney Waters Marine Spatial Plan
|Policy Title||Policy Text|
|General Policy 1B: Supporting Sustainable Social and Economic Benefits||Development and/or activities will be supported by this Plan when the proposal can demonstrate:
|General Policy 1C: Safeguarding the marine ecosystem||The integrity of coastal and marine ecosystems should be safeguarded. The Plan will support proposed development and activities when they:
|General Policy 2: The Well-Being, Quality of Life and Amenity of Coastal Communities||Development and/or activities will be supported by this Plan when it can be demonstrated that:
Significant adverse effects on the well-being, quality of life and amenity of local communities has been avoided, and where appropriate, mitigation measures to address any adverse effects have been incorporated as part of the development and activity proposals and agreed with the consenting authority.
Local stakeholders, relevant Community Councils and interested community groups have been engaged at an early stage in the development process when assessing any potential impacts on the well-being, quality of life and amenity of local communities.
|General Policy 4C: Wider biodiversity||The Plan will not support development and activities that result in a significant adverse effect on the status of Priority Marine Features.
Where development or activities are likely to have an adverse impact on species of regional or local importance to biodiversity, proposals should demonstrate:
|General Policy 5A: Water environment||The Plan will support development in the marine environment when the proposal:
|General Policy 7: Integrated coastal and marine development||For developments that require multiple licences, permissions and/or consents, applicants should undertake early pre-application engagement with the consenting authorities and relevant stakeholders.
For developments that require an Environmental Impact Assessment and multiple licences, permissions and/or consents, applicants should produce a Consultation Strategy at the scoping stage.
Where appropriate, a single EIA should be carried out for marine and terrestrial components of a development project that are inextricably linked to the main works.
Proposals for construction projects should be supported by a construction environmental management plan which covers both the terrestrial and marine environment.
MS-LOT and other relevant consenting authority should consult one another at an early stage to improve the efficiency of the consenting process and, where appropriate, coordinate and streamline the various consenting requirements.
|Policy GEN 9: Invasive Non-Native Species||All developers and users of the marine environment should take into account the risk of introducing and spreading non-native species and put in place biosecurity and management measures to minimise this risk. These measures will be most effective when a co-ordinated and collaborative approach is taken by developers and users of the marine environment.
Existing Codes of Practice, species control agreements and orders (under the WANE Act) and international guidelines should be used to develop these measures where relevant to the marine environment.
Where non-native species are known to be present, mitigation measures (e.g. an eradication plan) or a contingency plan should be put in place to minimise the risk of spreading the species.
|Sectoral Policy 1: Commercial Fisheries||The Plan will support proposals for developments where it can be demonstrated that:
|Sectoral Policy 4: Renewable energy||All proposals for offshore wind and marine renewable energy development are subject to licensing and consenting processes.
The Plan will support proposals when:
|Sectoral Policy 5: Recreation, sport, leisure and tourism||The Plan will support the sustainable development of marine recreation, sport, leisure and tourism.
The Plan will support proposals for development of this sector where:
|Sectoral Policy 8: Electricity and Telecommunications Infrastructure|| Safeguarding existing pipelines, electricity and telecommunications cables
Activities that could potentially damage cables or pipelines should comply with relevant industry requirements with regard to any proposed works and safety considerations. Information sources such as KIS-ORCA can be used to ensure the location of cables are known and taken account of when carrying out such activities.
Electricity and telecommunications infrastructure
When laying or replacing electricity and telecommunications infrastructure the following considerations should be taken into account on a case-by-case basis:
Developers should ensure that they have engaged with other developers and decision makers at an early planning stage and taken a joined-up approach to minimise impacts on the marine historic and natural environment, the assets, infrastructures and other marine users. Appropriate and proportionate environmental consideration and risk assessments should be provided which may include cable protection measures and mitigation plans.
Any deposit, removal or dredging carried out for the purpose of executing emergency inspection or repair works to any cable is exempt from the marine licensing regime with approval by Scottish Ministers. However, cable replacement requires a marine licence and is subject to the marine licensing process. Marine Licensing Guidance should be followed with considering any cable development and activity.
Cables should be suitably routed to provide sufficient requirements for installation and cable protection. New cables should implement methods to minimise impacts on the marine historic and natural environment, the assets, infrastructures and other marine users where operationally possible and in accordance with relevant industry practice.
Cables should be buried to maximise protection where there are safety or seabed stability risks and to reduce conflict with other marine users and to protect the assets and infrastructure. However, it should be noted that not all cables will, or can, be buried depending on project requirements and circumstances.
Where burial is demonstrated not to be feasible, cables may be suitably protected through recognised and approved measures (such as rock or mattress placement or cable armouring) where practicable and cost-effective and as risk assessment direct.
The need to reinstate the seabed, undertake post-lay surveys and monitoring and carry out remedial action where required.
The proposed land fall of power and telecommunications equipment and cabling will be considered against the appropriate policies in the relevant Local Development Plan(s).
A risk-based approach should be applied by network owners and decision-makers to the removal of redundant cables, with consideration given to cables being left in situ where this would minimise impacts on the marine historic and natural environment and other marine users.
|Sectoral Policy 9: Marine Aggregates||Proposals for new marine aggregate extraction sites should ensure they do not compromise existing activities.
Decision makers should ensure marine environmental issues are considered and appropriately safeguarded.
Any marine development should consider any impacts on existing or potential marine aggregate resources.
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