MSF (122/2014)
Marine Planning Update
This paper provides an update for discussion on marine planning issues for the
Marine Strategy Forum.
National Marine Plan
Consultation responses and an analysis of these have been placed on Marine Scotland’s
website. An independent investigation of the proposals within the draft Plan has been
undertaken by Planning Aid Scotland (see Annex A for scope).
The Plan has been redrafted and is currently subject to Ministerial clearance before being
submitted to the Scottish Parliament for scrutiny as required by the Marine (Scotland) Act
2010. The Statement of Public Participation has been updated to reflect the current
anticipated timescale (see Annex B) although it should be noted that this may be subject to
further change if clearance processes take longer than anticipated.
At the point the Plan is submitted to Parliament it will be accompanied by a copy of the
independent investigation, an update to the Sustainability Appraisal, a modifications report
setting out the changes that have been made from the draft and a revised copy of the
Planning Circular on the integration between marine and terrestrial planning.
Key changes proposed to the Plan include:

Revised introductory chapters to clarify:
o the role of the Plan and the context in which it applies
o the link to regional planning and a broad timescale for development of
regional planning
o the role of local authorities and IFGs in relation to regional planning
o integration between marine and terrestrial plans and river basin management
planning
o the position of the Plan in implementing the Marine Spatial Planning Directive
o how the Plan promotes an ecosystem approach
o the links between objectives and policies
o how the Plan assists in resolving potential competition/conflict

Added text at the start of each sector chapter to reinforce the cross cutting nature of
the General policies
Added text to the sectoral objectives to clarify they may not all be delivered by the
Plan itself
Regional policies for each chapter which set out what regional planners should
consider
Clarity that the principle in favour of sustainable development and use is applied
equally to existing and emerging uses of the sea
New policy in relation to cumulative impact
General policies linked to pillars of sustainable development
Revised Fishing policies to clarify safeguarding of fishing where possible and
development of a Fisheries Management and Mitigation Strategy otherwise.
A new chapter on Submarine Cables, subsuming the previous Telecommunications
chapter and incorporating cables policy previously in Renewables chapter.







A new National Marine Plan website is being developed which provide better access to
guides to planning, diagrams, current/future research strategies and additional background
information as requested by consultation respondees.
Regional Marine Plan
It is anticipated that the Scottish Marine Regions Order will be laid in Parliament before the
end of the year. Further legislation will also be required to delegate marine planning powers
to the bodies which are to form or lead Marine Planning Partnerships.
Marine Scotland, SNH, SEPA and MASTS are taking forward a series of meetings with
Clyde and Shetland to discuss the regional assessment required to underpin a regional
marine plan, with a view to these assessments being undertaken during 2015. Work is also
progressing on the Pentland Firth and Orkney Waters pilot spatial plan with consultation
expected to take place early next year.
National Marine Plan Interactive has been regionalised to allow national marine datasets to
be viewed at the regional level and for region specific data to be added also. Many of the
emerging regions have already added data through this process.
The availability of data, governance issues and other topics have also been discussed
through a Marine Spatial Planning Forum established by Marine Scotland and
encompassing Local Coastal Partnerships, emerging Marine Planning Partnerships,
planners in Highland and Orkney and relevant academic interests. A Marine Spatial
Planning Forum within the MASTS community is also being considered and has been
discussed in two workshops led by SAMS.
Anna Donald
Head of Marine Planning and Strategy
Anna.Donald@scotland.gsi.gov.uk
0131 244 7400
Annex A
An investigation of proposals contained within Scotland’s draft National Marine Plan, will be
undertaken independently of Scottish Ministers in accordance with the Marine (Scotland) Act
2010 and the UK Marine and Coastal Act 2009.
Specifically, the independent investigation should review the proposals in Scotland’s draft
National Marine Plan and the issues outlined below. In particular it should consider how the
policies within the Plan or other plan content can be amended to better reflect the issues
raised, namely:

The advantages and disadvantages of the approach to fisheries taken by the Marine
Management Organisation for the English East region relative to the approach set
out in the draft National Marine Plan

The way in which the draft Plan balances emerging uses of the marine environment
with existing economic activity and whether this could be expressed differently. The
way in which the plan reflects the different levels at which planning impacting on
fisheries can be carried out; and how this relates to fisheries control and
management

Links and fit with relevant legislation; policies and guidance (Scottish, UK, European)

Use/signposting of research/data

Consistency of terminology, including references to sustainable economic growth and
sustainable development

Integration between sectors/conflict resolution

Cumulative impacts

Integration between terrestrial/marine planning

The protection afforded to Scotland’s seas and opportunities for enhancement and
mitigation and adaption to climate change

Clarity on timescales for implementation, delivery and review

Links between general (GEN) policies and sectoral objectives/policies
The investigation should consider

how these issues are addressed in the draft National Marine Plan as published

what, in terms of planning policy, could be incorporated into the National Marine Plan
to address these issues

other changes that could be made to the National Marine Plan to address these
issues
other guidance or action that could be developed to address these issues

Annex B
The Statement of Public Participation for the National Marine Plan sets out the
approach to engagement for the National Marine Plan. You can find the whole SPP via the
attached link http://www.scotland.gov.uk/Topics/marine/seamanagement/national/nmpspp ,
or see below for an extract.
Stage 6: Revision of the Draft National Plan in response to comments made during the
Plan consultation, SA/SEA and partial BRIA consultation. Followed by Scottish and
UK Ministerial clearance process. November 2013 – October 2014
Scottish Ministers must consider any representations made during the consultation process.
A revised Draft will require Scottish and UK Ministerial clearance.
Also as stated in the Marine (Scotland) Act and the UK Marine and Coastal Access Act
2009, where Scottish Ministers have published a consultation draft, they must consider
appointing an independent person to investigate the proposals contained in the draft and to
report on them. Should Ministers decide to instruct an independent review this will take
place in Stage 6 prior to Ministerial clearance process.
Stage 7: Laying draft National Marine Plan before Parliament and Parliamentary
consideration of the proposed National Marine Plan:
Winter 2014
As required by the Marine (Scotland) Act the Draft National Plan will be laid before
Parliament for a period of 40 days. A copy of the draft will also be published on the Marine
Scotland website along with any representations or reports produced by Members of the
Scottish Parliament during their consideration process.
Stage 8:
Final considerations, adoption and publication of the National Marine Plan.
Publication of the SEA Post-Adoption Statement: Spring 2015
Scottish Ministers will consider any recommendations made by Parliament and incorporate
any changes, if necessary, into the final document with agreement of UK Ministers. Once
Scottish Ministers have agreed the final version of the National Marine Plan it is considered
to be adopted and will be published as promptly as possible after adoption.
In accordance with the UK Marine and Coastal Access Act 2009 the National Marine Plan
may be adopted only with agreement of the Secretary of State.
Alongside the publication of the National Marine Plan it is required by the Marine (Scotland)
Act and the Marine and Coastal Access Act that the following statements are also published:
 Changes that were made to the consultation draft of the National Marine Plan and
the reasons for these and;
 Recommendations made either by the independent investigator or Members of the
Scottish Parliament which are not being implemented and the reasons for that.
The Environmental Assessment (Scotland) Act 2005 also requires the publication of a PostAdoption Statement that sets out:
 How environmental considerations have been integrated into the plan;
 How the Environmental Report has been taken into account;
 How the opinions expressed on the draft plan and the Environmental Report have
been taken into account;


The reasons for choosing the plan as adopted, in light of the other reasonable
alternatives considered; and
Monitoring measures.
The final version of the National Marine Plan will be published on the Marine Scotland
website. Hard copies will also be available if requested.
Stage 9 – Review and Amendment of the National Marine Plan
As the marine environment is constantly developing and evolving it is important that Scottish
Ministers continue to review the National Marine Plan and make appropriate amendments
that will ensure on-going sustainable development and protection of Scotland’s seas.
Any review and amendments to a published National Marine Plan will follow the same
detailed consultation, investigation and parliamentary process as the original plan and will be
outlined and published in a further Statement of Public Participation. The National Marine
Plan will be reported on in line with the appropriate legislation.