3.6 The Marine Policy Framework

3.6.1                                       This section describes the marine policy framework that is applicable to the consideration of the Proposed Development.  The key marine policies are:

>        The UK Marine Policy Statement (2011) (and Guidance effective from 1 January 2021)

>        Scotland’s National Marine Plan (2015)

>        Sectoral Marine Plan for Offshore Wind Energy (Scottish Government, 28th October 2020)

The UK Marine Policy Statement (2011)

3.6.2                                       The Marine Policy Statement (MPS) is a joint policy adopted by all UK Governments including the Scottish Government and sets the framework for preparing Marine Plans and taking decisions affecting the marine environment. It was prepared and adopted for the purposes of section 44 of the Marine and Coastal Access Act 2009.

3.6.3                                       The MPS restates the Marine and Coastal Access Act 2009 requirement that “all public authorities taking authorisation or enforcement decisions that affect or might affect the UK  marine areas do so in accordance with the MPS unless relevant considerations indicate otherwise”. 

3.6.4                                       The MPS facilitates and supports the formulation of Marine Plans to ensure that marine resources are used in a sustainable way in line with high level marine objectives to:

>        “Promote sustainable economic development;

>        Enable the UK’s move towards a low carbon economy, in order to mitigate the cause of climate change and ocean acidification and adapt to their effects;

>        Ensure a sustainable marine environment which promotes healthy, functioning marine ecosystems and protects marine habitats, species and heritage assets; and

>        Contribute to the societal benefits of the marine aeras, including the sustainable use of marine resources to address local social and economic issues”.

3.6.5                                       The MPS also sets the direction for marine licensing and other relevant authorisation systems.  In doing so marine planning is directed to:

>        “achieve integration between different objectives;

>        Recognise that the demand for use of our seas and the resulting pressures on them will continue to increase;

>        Manage competing demands on the marine areas, taking an ecosystem-based approach;

>        Enable the co-existence of compatible activities wherever possible; and

>        Integrate with terrestrial planning”. 

3.6.6                                       The MPS and Marine Plans for a “plan-led system for marine activities and provide a greater coherence in policy alongside a proactive and spatial planning approach to the management of the marine area, its resources and the activities and interactions that take place within it”.  Marine Plans require to be prepared and adopted in accordance with the relevant legislation.  Scottish Ministers are the authority responsible for preparation of the Marine Plan for the Scottish inshore and offshore region. Marine Plans for each areas are required to provide detailed policy and spatial guidance for an areas and help ensure that decisions within a plan areas contribute to the delivery of UK, national and area specific policy objectives.

3.6.7                                       The MPS and marine planning systems sit alongside and interact with existing planning regimes, including the town and country planning.  In Scotland this includes the National Planning Framework.  As the Marine Plan will cover the areas up to the level of mean high water spring tides, and terrestrial planning boundaries usually extend up to the level of mean low water spring tides, the marine plan areas will physically overlap with the terrestrial plan, thus ensuring that the whole of the marine and terrestrial environments are adequately considered and addressed and ensuring that organisations work together to ensure appropriate decisions are reached.

3.6.8                                       Chapter 2 of the MPS sets out high level marine objectives for the marine environment which are summarised as:

>        Achieving a sustainable marine economy;

>        Ensuring a strong, healthy and just society;

>        Living within environmental limits;

>        Promoting good governance; and

>        Using sound science responsibly.

3.6.9                                       Thereafter MPS sets out a number of high level principles for marine decision making, those of relevance include:

>        Be conducted in a manner that meets requirements under UK and EU legislations;

>        Be based on detailed information and advice in the relevant marine policy documents for the administrative area;

>        Be conducted in a manner that takes account of other relevant projects, programmes, plans and national policies and guidance;

>        Be taken after appropriate liaison with terrestrial planning authorities and other regulators, and in consultation with statutory and other advisors when appropriate;

>        Be taken using risk-based approach that allows for uncertainty, recognising the need to use sound science responsibly;

>        Be sensitive to any potential impacts on sites of particular significance including those:

>        Protected under environmental legislation or designed in relation to cultural heritage;

>        Of particular social or economic significance.

>        Take account of potential impacts of climate change mitigation and adaptation in individual applications to ensure that any appropriate adaptation and mitigation measures have been identified;

>        Take account of the benefits of good design (including the best use of available technologies and innovation) can delivery; and

>        Look to avoid and then mitigate negative impacts where possible at various stages of development, including appropriate conditions in line with legal obligations, in a manner that is proportionate to the potential impacts of the proposal under consideration.  Where alternative site selection or design could mitigate negative effects whilst retaining benefits, this should be considered, where appropriate.

3.6.10                                   As regards the consideration of benefits and adverse effects the marine plan authority (Scottish Ministers) will need to assess the impacts of proposals for the marine plan area.  The precise nature of the benefits or adverse effects will depend on a number of factors depending on the type of activity proposed, the specific characteristics of the area affected, and the compatibility of the proposed use with other existing or planned activities. The consideration of cumulative impact is stated as an essential step in the process.

3.6.11                                   MPS states that all these considerations should be picked up within the Marine Plan making process through the Sustainability Appraisal for each Marine Plan that is created, highlighting that that should include a Strategic Environmental Appraisal (SEA) and an Appropriate Assessment (AA) for the Marine Plan.

3.6.12                                   Other key considerations that Marine Plan Authorities should take into account when preparing the required assessments as part of the marine planning process are discussed in detail and include economic social and environmental benefits and potential adverse effects that may arise from any activity. A summary of the key issues to be considered within marine plans includes:

>        Marine ecology and biodiversity;

>        Air quality;

>        Noise;

>        Ecological and chemical water quality and resources;

>        Seascape;

>        Historic environment;

>        Climate change adaption and mitigation; and

>        Coastal change and flooding.

3.6.13                                   Section 3.3 of the MPS specifically relates to ‘Energy Production and Infrastructure Development’.  It advises that when decision makers are determining application for energy infrastructure the following issues should be takin into account:

>        The national level of need for energy infrastructure as set out in the National Planning Framework (in Scotland);

>        The positive wider environmental, societal and economic benefits of low carbon electricity generation and carbon capture and storage as key technologies for reducing carbon dioxide emissions;

>        That renewable energy resources can only be developed where that resource existing and where economically feasible;

>        The potential impact of inward investment in offshore wind, wave, tidal stream and tidal range energy related manufacturing and deployment activity, as well as the impact of associated employment opportunities on the regeneration of local and national economies – all of which support the objective of developing the UK’s low carbon manufacturing capability;

>        The UK’s programme to support the development and deployment of Carbon Capture and Storage (CCS) and in particular the need for suitable locations that provide for the permanent storage of carbon dioxide.

3.6.14                                   Paragraph 3.3.19 identifies that “the UK has some of the best wind resources in the world and offshore wind will play an important and growing part in meeting our renewable energy and carbon emission targets and improving energy security by 2020, and afterwards towards 2050”. 

3.6.15                                   The MPS is a strategic policy document and sets the requirements for the area specific Marine Plans detailed policy provisions and direction. 

Scotland’s National Marine Plan (2015)

3.6.16                                   Scotland’s National Marine Plan (NMP) was adopted in March 2015 and sets out a national strategy, ensuring sustainable economic growth of marine industries which taking into account environmental protection, and sets out policies with economic, social and marine ecosystem objectives.   The plan covers the management of both Scottish inshore and offshore waters. 

3.6.17                                   The NMP sets a number of general policies applicable to all marine applications underpinned by the need for marine planning to contribute to sustainable development and use of marine resources by enabling development and use that balances costs and benefits.  The NMP acknowledges that development and use of the marine environment, if undertaken in the right place at the right time, can provide multiple benefits.  The presumption in favour of sustainable development and use is presented as an overarching general principle of the Plan.

3.6.18                                   Chapter 11 provides specific objectives and policies for the Offshore Wind and Marine Renewable Energy sector.  It is noted that “not all the objectives listed can necessarily be achieved directly though the marine planning system, but they are considered important context for planning and decision making”.

Objectives:

>        Sustainable development of offshore wind, wave and tidal renewable energy in the most suitable locations;

>        Economic benefits of offshore wind, wave and tidal energy developments maximised by securing a competitive local supply chain in Scotland;

>        Alignment of marine and terrestrial planning and efficient consenting and licensing processes;

>        Aligned marine and terrestrial electricity transmission grid planning and development in Scottish Waters;

>        Contribute to achieving the renewables target to generate electricity equivalent to 100% of Scotland’s gross annual electricity consumption from renewable sources by 2020;

>        Contribute to achieving the decarbonisation target by 2030;

>        Sustainable development and expansion of test and demonstration facilities for offshore wind and marine renewable energy devices;

>        Coordinated government and industry-wide monitoring.

3.6.19                                   A series of 10 Marine Planning Policies for ‘Renewables’ are set a summary of those most relevant to the Proposed Development are provided in Table 3.4 below:

Table 3.4:  Relevant NMP Marine Planning Policies for Renewables

3.6.20                                   The Plan sets out key its understanding of the key issues for marine planning and discusses the opportunities to support economically productive activities arising form offshore wind and renewable energy proposals not least though onshore support, manufacturing and other support functions.  This section also discussed grid provision and potential interactions with other users also addressed the need to operate within environmental limits and the need to recognise and support mechanisms used to address uncertainties.  It also states the importance of Strategic Environmental Assessment (SEA), HRA and EIA’s as means to assess key environmental risks and that these will be taken into account in plan and project development and consenting procedures.

3.6.21                                   Reference is made to the 2020 Routemap for Renewable Energy in Scotland which sets out a comprehensive path of action to delivery on Scotland’s renewable energy ambitions. 

Sectoral Marine Plan for Offshore Wind Energy in Scotland (2020)

3.6.22                                   The Plan aims to identify sustainable plan options for the future development of commercial-scale offshore wind energy, including deep water wind technologies and covers both Scottish inshore and offshore water. In doing so the Plan seeks to contribute to achieving the objectives of climate change objectives and targets through the provision of a spatial strategy to inform the seabed leasing process in Scottish water which:

>        “minimises the potential adverse effects on other marine users, economic sectors and the environment resulting from further commercial scale offshore wind development; and

>        Maximises opportunities for economic development, investment and employment in Scotland, by identifying new opportunities for commercial scale offshore wind development, including deeper water wind technologies”.

3.6.23                                   The Proposed Development is not addressed in this document and its relevant seabed leasing round pre-dated its release and the identification of the ScotWind Projects, given its establishment having evolved from the Round 3 wave of offshore developments.  However, the SMP sets useful principles to guide appropriate offshore wind development and demonstrate how advanced Berwick Bank is in terms of concluded site investigation and surveys and the ability to promote the current development with the benefit of having established a number of known environmental and technical facts, thus enabling an expedited delivery, construction and commissioning period.

3.6.24                                   The Plan identifies 15 Plan Options (POs) across 4 regions, which are capable of generating several GW of renewable energy.  As a result of consultation feedback, amendments were made to the boundaries of 7 of the Draft Plan Options (DPOs) and 2 DPOs were not progressed.  Amendments were made primarily to mitigate potential negative impacts on commercial fishing, natural heritage and the shipping sectors and in response to strong public opposition. 

3.6.25                                   The Plan established the footprint for the ScotWind Leasing cycles and is kept under review for any future requirements as new evidence comes forward.  Rapid technological advances and cost reductions as well as ever changing industry innovations are recognised as key factors to help Scotland capitalise on its excellent natural resources.  Each round of leasing requires a strategic planning exercise to assess the suitability of potential locations and to ensure compatibility with other projects and marine users in Scotland.

3.6.26                                   The Plan was developed in accordance with the strategic aims of the NMP (2015).  Regional Marine Plans are in the process of being prepared within the Scottish Marine Regions established.  The planning competence of Regional Marine Planning Partnerships extends to 12 nm.

3.6.27                                   From a national perspective the Plan identifies 15 POs across the four regions which are spatially distinct.  There is considered to be potential for cumulative positive effects through a significant contribution to the decarbonisation of the energy sector and the establishment of a secure energy supply.

3.6.28                                   Significant offshore wind development inshore of the proposed POs identified for East Region, including Berwick Bank are noted as essential to be considered in an in-combination assessment.

3.6.29                                   As regards consenting, in light of the identification of further regional surveys being required in this location, the MP notes that “Applicants may also choose to submit licence and consent applications without completing the regional level survey, research and assessment work required for POs E1 and E2, however, the competent authority may consider that there is not sufficient information available to process the licence and consent application without prior completion…”. 

3.6.30                                   This constraint has the potential to delay delivery if ScotWind sites, and further strengthens the case for consenting the Proposed Development at Berwick Bank with its technical capacity for 4.1GW delivered prior to 2030 offering a significant contribution to meeting Scottish and UK enhanced targets.

3.6.31                                   The Marine Plan for Scotland is noted as an iterative document which will evolve as information is available and need arises.  Whilst not directly relevant to the consideration of Berwick Bank which supersedes its publication, the principles set, and the support for substantially increased offshore wind generation in the offshore waters of Scotland is material.