Marine Spatial Planning – An effective new planning system for Scotland’s seas

To ensure that our marine wildlife is protected, and that the many different activities at sea are properly coordinated, LINK is campaigning for:

A comprehensive statutory system of Marine Spatial Planning, to further the protection, restoration, enhancement and sustainable use of our seas and its resources.

It should also ensure effective resource management, coordination between sectors and planning powers on UK, Scottish and local levels.

Without an effective planning system for Scotland’s seas, key areas for wildlife will continue to be at risk from uncoordinated developments.

In contrast to the well-developed terrestrial planning system in the UK, no overall framework exists for planning the use of our seas. Instead, more than 80 different acts of parliament and regulations regulate the many different activities in Scotland’s seas.

This has left our marine wildlife poorly protected, as it struggles to cope with the pressures from the increasing demands on our seas. It also often leads to planning disputes that are a waste of time and money and undermine the potential economic and social benefits of new developments. Marine Spatial Planning could help protect important wildlife, by providing greater certainty about where and how developments should take place.

Making Scotland’s seas sustainable

An integrated planning system for all activities in the marine environment is a crucial step towards making Scotland’s seas sustainable, allowing the environment to be placed at the centre of the planning process, helping to safeguard wildlife and historic sites.

It would also reduce conflict and red tape. Industries from marine renewables to tourism will benefit from clear guidance on where they can develop sustainably and important fishing grounds can be protected from development.  It is also the only way to examine the combined impacts the many different maritime industry sectors have on our seas and coasts, by presenting an overview of all human activities and developments in the area.

Local power in planning

Marine Spatial Planning, as part of a Scottish Marine Bill, would allow for greater  local ‘ownership’ of the sea, allowing local stakeholders and communities to influence the planning of our seas.

Most regulatory controls at sea are operated by the Scottish government or UK government departments, rather than local stakeholders. Away from the coast, there is no ‘local authority’, so  there is no common body with powers to decide on local issues. Coordination between central government and local authorities is also weak, and there is no system for coordinated decision-making. Some local initiatives have been successful in bringing different stakeholders together, but these are often voluntary in nature or only apply to specific issues.

Effective Marine Spatial Planning will need a hierarchy of national, regional and local plans to deliver fit-for-purpose guidance. One size does not fit all! A Scottish Marine Bill should establish a statutory system of Marine Spatial Planning that integrates fully with other Marine Spatial Plans throughout the UK.

Case study 1: Ship-to-ship oil transfers

Sunderland Marine’s application to undertake ship-to-ship oil transfers in the Firth  of Forth provoked sharp criticism from politicians, SNH and environment organisations. Ship-to-ship oil transfers would increase the risk of oil spills by one third, in an area that is considered internationally important for wildlife.  Despite opposition from all the affected local councils (Fife, Edinburgh and the Lothians), and public opposition, there is still a risk that consent will be granted for ship-to-shop oil transfer in the Firth of Forth by the harbour Authority Forth Ports plc.

The procedure by which consent is granted demonstrates some of the weaknesses of the current management systems:

8 pieces of legislation/regulations are relevant to the dispute including UK Merchant Shipping Act 1995, the Harbours Act 1964, EU Conservation Regulations and Forth Ports Bylaws

The Maritime and Coastguard Agency (Transport Dept, Westminster) could only consult on changes to oil spill contingency plans.  It had no overall powers of consent.

Scottish Ministers had no powers to reject the plans despite objections from local Councils and SNH.

The public were unable to object to the plans except through limited consultation exercises

Forth Ports are a commercial organisation with a vested interest in giving ship-to-ship the go-ahead in their waters, yet they are recognised as the competent authority that can make a final decision on whether to consent or not.

If a complaint is made to the European commission it is not clear where responsibilities will lie between the UK Government, Scottish Ministers and harbour authorities.

Scottish Ministers environmental powers were recently tightened following political and public pressure over the issue, but still do not conclusively allow Ministers to have a final say over proposals.

How would a Scottish Marine Bill improve the situation?

If Ship-to-ship oil transfers have to happen we need to work out where the best place for them would be. A Scottish Marine Bill would put in place a national Marine Spatial Plan that would identify suitable places for oil transfers that would not threaten vulnerable wildlife habitats or conflict with other users’ needs. The Scottish Environment Minister could then advise the UK Environment Minister, who would make the decision since oil transfer is a reserved matter.  While the UK Minister should instruct, consent for ship-to-ship should be required under the Scottish marine spatial plan.