Marine Planning – A Council Perspective

James Green Senior Policy Planner Development and Marine Planning Orkney Islands Council

A11MP Introduction to Marine Planning Heriot Watt University 7 November 2016

Content

Key themes: Marine planning - the Orkney Islands Council perspective

Setting the context for marine planning in Scotland Regional level marine planning in Orkney – the pilot and the

future Land use and marine planning – integration? Planning for aquaculture

What are we planning for?

Land and sea are critical to everyday life in Orkney – transport, jobs, energy, recreation and culture heritage To protect the environment on which we depend

To support sustainable development opportunities

To striking a balance between new socio-economic

opportunities and safeguarding existing resources and activities

To coordinate marine and land based development in

the right places

Marine planning in Orkney – Key issues for OIC

Political support for sustainable economic development in the marine environment - marine planning could be an important tool

The localisation agenda - the Council aspires to take a lead role in

statutory marine planning and wider marine resource management

Development versus conservation – a major political issue Governance – Who sets the agenda? Who decides policy?

Major questions over future governance and resourcing of marine

planning Community benefit? Jobs, revenue and retaining a working population

Marine planning in Scotland

Bottom up: Provision for Marine Planning Partnerships

Top down:

The national marine plan and a regional marine plan must be in conformity with the UK Marine Policy Statement.

Regional marine plans must be in conformity with the

national marine plan. Scope for local influence on policy and spatial planning?

Regional Marine Plans

National Marine Plan

Marine (Scotland) Act 2010

The structure of Scottish marine planning

What about The Crown Estate?

Integrated spatial planning?

Marine plans were originally envisaged to provide a fully integrated approach to marine management

The holistic consideration of interactions, trade offs and multi sector spatial planning

Separate single sector planning is still going strong – renewables, oil and gas, aquaculture and MPAs

Aquaculture within land use planning system

• Development pressure – marine energy

• Promote sustainable development

• Develop strategic vision and spatial strategy

• Promote more efficient use of marine space

• Stakeholder knowledge and buy-in

• Engage local communities

• Build consensus and find common ground

• Provide greater certainty for developers

• Reduce risk in the licensing process

• Test governance arrangements

• Learn how to prepare a regional marine plan

Pilot Pentland Firth and Orkney Waters Marine Spatial Plan

Why develop a plan?

The plan making process

2008 - 2011

2012 2013 2014/15 Early 2016

Marine Scotland started process

Orkney Islands and Highland Councils

join project

Planning Issues and Options

consultation

Draft Plan and further consultation

Final Plan and Lessons

Learned

The plan area

General Policies Sustainable development Geodiversity

Supporting sustainable social and economic benefits

Water environment

Safeguarding the marine environment Coastal processes and flooding

The well-being, quality of life and amenity of coastal communities

Historic environment

Climate change Integrating coastal and marine development

Nature conservation designations Noise

Protected species Waste and marine litter

Wider biodiversity Invasive non-native species

Landscape and seascape

Sectoral Policies Commercial fisheries

Aquaculture

Oil and gas

Renewable energy generation

Recreation, sport, leisure and tourism

Marine transport

Ports and harbours

Pipelines, electricity and telecommunications infrastructure

Marine aggregates

Defence

Sensitivities and constraints not zoning

PFOW MSP Governance Working Group

• Marine Scotland

• Orkney Islands Council

• Highland Council

Advisory Group

• Scottish Natural Heritage

• Scottish Environment Protection Agency

• Historic Scotland

• Highlands and Islands Enterprise

• Orkney Harbour Authority

• Scrabster Harbour Trust

• Royal Yachting Association

Stakeholders e.g.

• Local communities

• Commercial fisheries

• Marine renewables

• Aquaculture

• Environmental interests

• Recreational interests

A more formal advisory role for wider commercial, recreational and transportation interests in the future.

The future – An Orkney Regional Marine Plan

Scottish Government intends to formally delegate statutory regional marine planning powers to an Orkney Marine Planning Partnership by 2016

The first task is to establish appropriate governance arrangements

The pilot marine spatial plan will provide a useful basis for the Regional Marine Plan

Challenges to delivering regional marine planning Finding a politically workable partnership

Long term resources to support the delegation of a statutory function to the local level

Are there adequate benefits from regional marine planning to encourage formal stakeholder participation

Conservation interests have bought in, what about businesses?

Barriers to participation? Staff resources, local expertise and commercial sensitivity

Future governance for regional marine planning

Orkney Harbour Authority Historic Environment Scotland RSPB SNH SEPA Orkney Ferries Orkney Fisheries Association

Plan maker or advisor?

Orkney Sustainable

Fisheries/IFG Renewable energy companies Aquaculture companies European Marine Energy

Centre Visit Orkney Orkney Marinas

The Council are leading informal stakeholder engagement with:

Orkney Local Development Plan Key issues for the coastal and marine environment

Ensuring an integrated and consistent approach to terrestrial and marine planning policy

Supporting development that has land based and marine components

Steering coastal development to appropriate locations

Addressing coastal erosion and coastal inundation

The aquaculture anomaly

Ensuring an integrated and consistent approach to land use and marine planning policy

Coastal overlap between plans

Planning authority taking a lead role in land use and

marine plan making process to assist integration

Aligning both processes – consultation, review etc

Reduce duplication and stakeholder fatigue

Marine Spatial Plan adopted as Planning

Policy Advice – material consideration in

determining coastal planning consents

• Land allocations to the support growth of marine sectors • Developing coastal infrastructure

• Engage businesses and end users

• Identify environmental constraints / sensitivities

• Developer contributions and funding

Supporting development with land based and marine components

Master plans and Development Briefs

Steering coastal development to appropriate locations

OIC Preferred approach:

Steer developments that require a coastal location to areas of developed coast in land allocations within settlements

Unless there is a demonstrable need for a coastal location in the countryside

There is adequate protection of the coast in existing plan policies without restrictive zoning of coastal areas

Alternative option:

Identify a coastal zone and areas suitable for further development, areas of significant constraint and areas unsuitable for development

Coastal erosion and coastal inundation OIC approach:

Use of SEPA flood maps to identify areas at risk of coastal inundation and flooding to guide the location of future development;

Policy presumption in favour of flood alleviation measures identified in the Flood Risk Management Plan

Aim to develop a strategy to address coastal erosion impacts on property, infrastructure and archaeology

Planning for aquaculture • In 2007, the powers to consent and undertake development

planning for aquaculture were devolved to local planning authorities – Councils.

Why?: • To give coastal communities greater influence over the scale and

location of aquaculture development. • To tackle the perceived conflict of interest – The Crown Estate as

both the seabed landlord and consenting body for development.

Council role: • Planning consent from Councils required out to 12 nautical miles.

• Council development planning jurisdiction out to 3 nautical miles. • Significant disincentive for the aquaculture industry to engage in

regional marine planning?

Aquaculture Supplementary Guidance Planning policy: • Planning policy for aquaculture development

within the Orkney Local Development Plan

• Detailed policy within supplementary guidance:

- Spatial Strategy - 9 Development Criteria

The role of other statutory agencies: • SEPA • Marine Scotland • The Crown Estate • Scottish Natural Heritage

Aquaculture Spatial Strategy

• Spatial Policy 1: Broad Areas of Search

• Spatial Policy 2: Area of Potential

Sensitivity

Aquaculture - Development criteria

DC1 Landscape, seascape, siting and design Map DC1 – Landscape designations

DC2 Natural heritage designations, protected species and the wider biodiversity

Map DC2 – Nature Conservation Designations

DC3 Predator control and interaction with other species

DC4 Wild salmonid fish populations Map DC4 – Principal Sea Trout Burns

DC5 Water quality and benthic impacts Map DC5 – Water Environment

DC6 Historic environment Map DC6 – Historic Environment

DC7 Other marine users Map DC7 – Other Marine Users

DC8 Construction and Operational Impacts

DC9 Decommissioning and Reinstatement

Landscape, Seascape, Siting and Design

The Orkney Islands feature a wide range of landscapes and seascapes, each with its own character and capacity to accommodate new development.

Landscape/seascape impacts relate to the

physical effect a proposed development may have on the character, scenic quality

or “feeling of place”. The scale, configuration and number of

cages, height of feed barges and any other structures, should ensure the proposal is capable of being absorbed into the landscape/seascape with minimal intrusion.

Landscape and Visual Impact Assessment

Natural heritage designations, protected species and the wider biodiversity

Designated sites – SPAs, SACs, MPAs etc

Protected species – Otters and cetaceans etc

Seals haul out sites

Benthic habitats – maerl beds, zostera

Water Quality and Benthic Impacts

Fish farms rely on high water quality and a degree of tidal flushing

Fish farms require good water exchange characteristics where tidal currents can disperse waste materials and maintain well-oxygenated water conditions

Potential impacts on the benthic (seabed) environment include enrichment of the water column, anoxic conditions on the seabed and disturbance to the balance of benthic organisms.

SEPA sets limits on the amount of fish (biomass) that can be held in the cages, the amount of feed used and the amount of certain medicines that can be administered and discharged – CARS Licence

Wild salmonid fish populations

Marine Scotland enforces provisions on containment and parasite (sea lice) control .

Sea trout (Priority Marine Feature) and valuable

recreational fishery. Potential impacts upon wild salmonids: Impacts of parasites (sea lice) and disease on wild

fish resulting from the presence of fish farms. Disruption of genetic integrity and local

adaptations of wild stocks arising from interbreeding with escapees from salmon farms.

Introduction of non-native farmed species.

Impacts on other marine activities

Commercial fishing industry

Harbour activities including ship to ship

oil and gas transfers

Ferry routes and marine transport

Recreational activities – sailing,

diving, kayaking etc

James Green Development and Marine Planning Orkney Islands Council james.green@orkney.gov.uk 01856 873535 ext. 2516

Discussion and questions