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5. Marine Spatial Planning
5.1 At the first meeting of AGMACS, Graham U'Ren, was tasked with leading a workstream on Marine Spatial Planning ( MSP). The objective of this work was to explore the potential for MSP and how such a system would work in practice. This work has taken the form of consideration of the interim report AGMACS(06)19 and the final report AGMACS(06)26 ( Annex 6) as provided by Mr U'Ren, and a facilitated stakeholder workshop for AGMACS members held in November 2006.
Workstream Recommendations
5.2 AGMACS(06)26 made the following recommendations.
5.2.1 AGMACS should confirm its support in principle for a system of Marine Spatial Planning in Scotland, integrated as far as possible with UK and international marine planning systems, consistent with the powers of devolved government in Scotland and with a need to maintain a comprehensive system for the management and control of marine development and activity at all levels of significance from local to international.
5.2.2 The concept of a three tier structure of plans and powers should be supported where the national level is based on a collaborative arrangement with the UK government and other devolved administrations, as appropriate, as well as a Scotland-wide overview.
5.2.3 Depending on the arrangements for a UKMMO, and the allocation of any functions in addition to those of MSP, a suitable body should be established for Scotland to liaise with the MMO and oversee the regional and local MSP system in Scotland. The body should have powers to make any statutory determinations arising from regulatory or interventionary powers given to it, subject to appeal to or intervention by Scottish Ministers.
5.2.4 The scope of the National Planning Framework should be confirmed in the Planning etc. (Scotland) Bill 7 to include the sea and it should be used in Scotland to provide an integrated spatial vision of the future of Scotland's land and waters, including the continental shelf.
5.2.5 Inshore waters to the 12 nautical mile limit of Scottish territorial waters should not be regarded as a suitable unit for MSP at a regional level and options to allow the devolved Scottish administration a direct role in Marine Spatial Planning for the full extent of regional seas on the continental shelf off Scotland should be explored with the UK government.
5.2.6 The Northern North Sea region should be divided between Scottish and English administration for the purposes of regional MSP, with separate regional plans. In the case of Scotland, one option to be explored is a single regional MSP for Scottish waters. As an exception to either of these models, however, UK-wide collaboration should be pursued to secure a suitably integrated regional planning perspective for the Irish Sea.
5.2.7 The briefs for the three SSMEIMSP pilot projects should be revisited with a view to updating them in the light of the work of AGMACS on MSP and ICZM and redefining them as local marine action plans 8.
5.2.8 A flexible approach should be taken to the use of local marine action plans 8 to fit the concept of ICZM strategies as well as the needs of local planning for inshore areas. No changes to the scope of the Town and Country Planning system in Scotland should be considered at present, including maintaining the MLWM as the accepted seaward limit of the system. Integrated management in the coastal zone should be promoted through clear guidance on the relationship between local marine action plans and ICZM strategies and Local Development Plans under the T and CP code, as illustrated in paragraphs 26 to 28 of AGMACS(06)26.
5.2.9 Depending on the level of cooperation agreed for the purposes of a UKMMO and for regional sea planning, and on the outcome of the Marine Bill for the streamlining of marine licensing, especially in respect of reserved functions, there should be a further joint initiative with the UK government to establish the scoping of MSP and related regulatory functions at these levels.
5.2.10 There should be a successor body to AGMACS to advise on the further development of an MSP system as they become possible.
AGMACS Recommendations
5.3 Following consideration of the final workstream report, the AGMACS workshop and subsequent discussion, AGMACS makes the following recommendations.
5.3.1 There should be a system of Marine Spatial Planning;
5.3.2 The planning system needs a statutory basis, though potentially with a variable control (e.g. the flexibility to incorporate a non-statutory framework of local stakeholder engagement and planning).
5.3.3 The system should be based on 3 tiers: the top level should be UK level, ensuring connection to regional seas; the middle level should be "Scotland" in some sense; and the bottom level should be local. The options for the local and "Scotland" level tiers need further exploration.
5.3.4 Management of across the boundaries of these tiers is a key area to get right.
5.3.5 There should be a Scottish Marine Management Organisation to carry out Marine Spatial Planning in Scotland.
5.3.6 Consideration should be given to the Scottish MMO having responsibility for Marine Nature Conservation and Fisheries to 200nm, and also the role of ensuring a properly integrated approach with the UK system.
5.3.7 The options for establishing such a body should also be considered further including the possibility of using or reorganising existing organisations.
5.3.8 Further policy development on Marine Spatial Planning must consider the relationship with existing regimes (e.g. river basin management planning, ICZM) and competent authorities (e.g. local authorities, SEPA), and future policy initiatives (e.g. EU Marine Strategy Directive).
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