Planning Scotland's Seas: Draft Planning Circular. Consultation Analysis Report

2 Introduction

2.1 The UK Vision for the marine environment is for 'clean, healthy, safe, productive and biologically diverse oceans and seas'. The broad objectives for the marine area to be implemented in achieving this vision are outlined in the UK Marine Policy Statement. Marine Scotland is responsible for undertaking marine management in Scotland.

2.2 The Marine (Scotland) Act 2010 is aligned with the wider UK Marine and Coastal Access Act (2009) and provides the management and legislative framework for the marine environment. It provides a framework to help balance competing demands on Scotland's seas and introduces duties to protect and enhance the marine environment. The main measures include:

• Marine planning: a new statutory marine planning system to sustainably manage the increasing, and often conflicting, demands of our seas.
• Marine licensing: a simpler licensing system, minimising the number of licenses required for development in the marine environment.
• Marine conservation: improved conservation for marine natural and cultural heritage, with new powers to protect and manage areas of importance for marine wildlife, habitats and historic monuments.
• Seal conservation: greater protection for seals and a new licensing system to ensure management where necessary.
• Enforcement: a range of additional powers of marine conservation and licensing.

2.3 Under the Act and the devolution settlement, Scottish Ministers have responsibility for marine planning from Mean High Water Springs out to 12 nautical miles. In addition, the UK Act executively devolves responsibility to the Scottish Ministers for marine planning, nature conservation, licensing and enforcement in waters adjacent to Scotland out to 200 nautical miles. With the approval of the Secretary for State, this will include planning for reserved activities such as oil and gas, shipping and telecommunications, although licensing for these remains reserved to the UK Government.

Draft Planning Circular

2.4 The Draft Planning Circular outlines the details of the new relationship between the statutory land use planning system and marine planning and licensing, including related regimes such as marine licensing and consenting for offshore energy generation, ports and harbours development, and aquaculture. The Circular is in draft form, and accompanies the consultation on the draft National Marine Plan ( NMP) for Scotland. The Draft Circular will be issued in final form concurrently with the final National Marine Plan.

2.5 The Draft Circular is split into the following seven sections:

• Marine Planning: covering The Marine Policy Statement, Marine Plans, The Scottish National Marine Plan, Scottish Marine Regions, The Marine Planning Process, Liaison between terrestrial and marine planning authorities, Timing of plans, Plans which take into account both terrestrial and marine impacts, Consistency between policies and proposals in marine and terrestrial plans, Integrated Coastal Zone Management and Sharing the evidence base.
• Marine Licensing
• Renewable Energy
• Ports and Harbours
• Coastal Defences
• Aquaculture
• Marine Conservation

2.6 Marine Scotland ran a consultation exercise on the Draft Circular from 25 ^th July until 13 ^th November 2013. The consultation involved 3 core questions:

2.7 Question 1 asked: Is the Draft Circular on the relationship between the land use and marine planning systems helpful?

2.8 Question 2 asked Does the Draft National Marine Plan appropriately set out the requirement for integration between marine planning and land use planning systems?

2.9 Question 3 asked: Do you agree with the suggestions for good practice in paragraphs 30-39, and do you have any other suggestions? Paragraphs 30 - 39 relate to the liaison between terrestrial and marine planning authorities, timing of the plans, plans which take into account both terrestrial and marine impacts, consistency between policies and proposals in marine and terrestrial plans, integrated coastal zone management and sharing the evidence base.

2.10 A total of 38 consultation responses were received, 1 from an individual and 37 from organisations. In addition to the invitation to respond to this consultation, interested parties also had the opportunity to participate through associated events. Reports from events are provided on the Scottish Government website.

Overview of responses

2.11 The consultation respondent information form ( RIF) requested respondents to identify whether they were responding as an individual or on behalf of an organisation. Individuals were asked what information, if any, they permitted to be made available in the reporting. Organisations were informed that the name and address of the represented organisation would be made publically available and were asked to confirm whether or not they agreed to this.

2.12 As can be seen in the following table, a wide range of organisation types were represented through the responses received. The most common organisation type was Local Authorities/Planning Authorities with ten responses received from this group. Five Public Sector / Regulatory Bodies responded and there were responses from four recreation / tourism organisations. Three responses each were received from energy and environment/conservation organisations and there were two responses received from aquaculture organisations, industry / transport, local coastal partnerships and others (from the charity / 3 ^rd sector). One response per group was received from academic / scientific, community groups, fisheries, historic / heritage and individuals.

Table 1.1 Consultation responses

2.13 A list of all those organisations who submitted a response to the consultation is included in Appendix 1.

Analysis and reporting

2.14 Comments given at each question were examined and main themes, similar issues raised or comments made in a number of responses, were identified. In addition sub-themes such as reasons for opinions, specific examples or explanations, alternative suggestions or other related comments were looked for.

2.15 The main themes were looked at in relation to respondent groups to ascertain whether any particular theme was specific to one particular group, or whether it appeared in responses across groups. When looking at group differences however, it must be also borne in mind that where a specific opinion has been identified in relation to a particular group or groups, this does not indicate that other groups do not share this opinion, but rather that they have simply not commented on that particular point.

2.16 The following chapters document the substance of the analysis and present the main views expressed in responses. The consultation questions are included in Appendix 2.

2.17 While the consultation gave all those who wished to comment an opportunity to do so, given the self-selecting nature of this type of exercise, any figures quoted here cannot be extrapolated to the wider population.