Orkney Islands Regional Marine Plan

Strategic Environmental Assessment: Environmental Report

IMAGE: Cover page showing the title “Orkney Islands Regional Marine Plan Strategic Environmental Assessment: Environmental Report”, a stylised map of the Orkney Islands and surrounding sea, and the logos of Orkney Islands Council and the Scottish Government.

SEA Environmental Report – Cover Note

Part 1

To: SEA.gateway@scotland.gsi.gov.uk

SEA Gateway
Scottish Executive
Area 1 H (Bridge)
Victoria Quay
Edinburgh
EH6 6QQ.

Part 2

An Environmental Report is attached for:

Orkney Islands Regional Marine Plan

The Responsible Authority is:

Orkney Islands Council (OIC)

Part 3

Part 4

Contents

• SEA Environmental Report – Cover Note — 2
• Non-technical Summary — 7
• 1. Introduction — 10
• 1a. Purpose of this Environmental Report and Key Facts — 10
• 1b. SEA activities to date — 12
• 2. Context — 15
• 2b Outline and objectives of Orkney Islands Regional Marine Plan — 15
• 2c. Relationship with other PPS and environmental protection objectives — 21
• 2d. Relevant aspects of the current state of the environment — 22
• 2e. Environmental problems — 30
• 2f. Likely evolution of the environment without the OIRMP — 34
• 2g. SEA Objectives — 34
• 3. Assessment of environmental effects and measures envisaged for prevention, reduction and offset of any significant adverse effects — 38
• 3a Alternatives to which the SEA was applied — 38
• 3b Assessment methods — 39
• 3c Assessment of Environmental Effects of the OIRMP — 40
• 3d. Measures envisaged for the prevention, reduction and offsetting of significant adverse effects — 40
• Table 8: Assessment of Environmental Effects of the OIRMP — 41
• 4. Monitoring — 48
• 5. Next steps — 48
• Appendix A: Relationship with other Plans, Programmes and Strategies (PPS) and their environmental objectives — 50
• Appendix B – Environmental Baseline Report — 94
• 1. Climatic Factors — 95
• 2. Biodiversity, Flora and Fauna — 98
• 3. Water — 101
• 4. Coastal processes / Benthic sediments / Soils — 104
• 5. Geology — 106
• 6. Landscape — 112
• 7. Cultural Heritage — 115
• 8. Population and Human Health — 117
• 9. Material assets — 121
• 10. Summary of Baseline — 122
• Appendix B.1: Internationally and nationally designated sites in Orkney (at the time of writing) — 126
• Appendix B.2: List of Priority Marine Features recorded within 12 nm of Orkney (at the time of writing) — 140
• Appendix B.3: Water quality and overall status classification (at the time of writing) — 143
• Appendix B.4: Hoy and West Mainland National Scenic Area — 146
• Appendix B.5: Scheduled Monuments in the Orkney Islands — 153
• Appendix B.6: Orkney Scheduled Monuments in the Care of Historic Scotland — 162
• Appendix C.1: Assessment of the Vision for the Orkney Islands Regional Marine Plan — 164
• Appendix C.2: Assessment of the Policies of the OIRMP for their Compatibility with the SEA Objectives — 166
• Appendix C.3: Summary of assessment of the likely environmental effects of implementation of the Orkney Islands Regional Marine Plan Policies — 186
• Appendix D: Map of Nature Designated Sites in Orkney — 192
• Appendix E: SEA activities — 193
• Appendix F: Copy of indicative timetable for preparation of the OIRMP from the Statement of Public Participation — 195

Non-technical Summary

1. Outline of contents and main objectives

The main purpose and scope of the Orkney Islands Regional Marine Plan (OIRMP) is to support the delivery of a vision for Orkney’s coastal and marine environment, economy and communities. This vision will be delivered through agreed objectives, implemented through decision-making made in accordance with the OIRMP policies. The OIRMP aligns, where appropriate, with the National Marine Plan (NMP), any neighbouring regional marine plans, the Orkney Local Development Plan and national land use policy e.g. National Planning Framework 4 (NPF4).

Regional marine plans have a specific statutory purpose set out in the Marine (Scotland) Act 2010. In summary, this is:

• Regional marine plans need to set economic, social and marine ecosystem objectives, and objectives relating to the mitigation of, and adaptation to, climate change.
• Regional marine plans state policies for and in connection with the sustainable development of the area to which the OIRMP applies and policies on the contribution of Nature Conservation Marine Protected Areas, and other relevant nature conservation sites, to the protection and enhancement of the area.
• Public authorities must take any authorisation or enforcement decision in accordance with the appropriate regional marine plan, unless relevant considerations indicate otherwise.
• Public authorities must have regard to the appropriate regional marine plan in making any decision which relates to the exercise by them of any function capable of affecting the whole or any part of the Scottish marine area, but which is not an authorisation or enforcement decision.

Thus, in order to deliver this statutory purpose, the OIRMP contains General Policies to ensure the environmental, social and economic factors upon which sustainable development depends are appropriately protected and Sector Policies to enable sustainable economic development.

2. The relevant aspects of the current state of the environment and the likely evolution thereof without implementation of the OIRMP

The current state of the environment was assessed, using the Orkney Marine Region: State of the Environment Assessment 2020 (SoEA), the SEA Scoping Report and the documents in Appendix B as baseline information.

An assessment of options demonstrated that from three alternatives, shown below, Option 3 was the most appropriate:

Option 1. Do nothing: continue under the current approach to marine planning and management including using the Pilot Pentland Firth and Orkney Waters Marine Spatial Plan (PFOW MSP) as non-statutory planning guidance, NMP and NPF.

Option 2. Use the policies within the PFOW MSP to form a regional marine plan without updates or additions.

Option 3. Adoption of the OIRMP after stakeholder engagement on the preparation of the policies, guided by the public consultation and further engagement with stakeholders.

3. Environmental characteristics of areas likely to be significantly affected

From the assessments outlined above, a set of SEA objectives was refined, using an iterative process (see Sections 2c, 2g and Table 7). Assessments of the Vision (Appendix C.1), policies of the OIRMP for compatibility (Appendix C.2) and environmental effects of implementation of the OIRMP’s policies (Appendix C.3) against the SEA receptors were undertaken. The nine SEA receptors (i.e. environmental characteristics) are: Climate factors; biodiversity, water, coastal processes/benthic sediments/soils, geology, landscape, cultural heritage, population and human health, and material assets.

4. Existing environmental problems which are relevant to the OIRMP

Climate change and biodiversity loss are and will continue to be global issues with local impacts. Impacts on water, coastal processes/benthic sediments/soils, geology, landscape, cultural heritage, population and human health, and material assets vary at the regional level depending on the nature and scale of development and/or activities that impact upon them.

5. Environmental protection objectives

Appendix A outlines the key plans, policies and strategies (PPS) against which the implications for, and/or relationship with, the OIRMP have been taken into account. These are shown in relationship to the nine SEA receptors outlined above.

6. Likely significant effects

Table 8 summarises the likely environmental effects of the OIRMP in relation to the SEA receptors. Further detail is provided below.

7. The measures envisaged to prevent, reduce and as fully as possible offset any significant adverse effects on the environment of implementing the OIRMP

The high level summary of the OIRMP-level effects on the SEA receptors are summarised in Table 8, including an assessment of cumulative, synergistic and secondary effects. This information is based on the assessments of each policy in relation to the SEA receptors as outlined in Appendix C.3, which in turn is informed by the information found in Appendices B and B.1–B.6, the Islands Communities Impact Assessment and the Business and Regulatory Impact Assessment.

8. Outline of the reasons for selecting the alternatives chosen

Option 3: Adoption of the OIRMP after stakeholder engagement on the preparation of the policies guided by the public consultation and further engagement with stakeholders.

Under this option an OIRMP will be prepared giving all stakeholders the opportunity to contribute towards setting objectives and policies to achieve sustainable development in the Orkney Islands marine region. This option will ensure that regional marine planning policy in Orkney contributes towards national priorities and outcomes e.g. climate change mitigation and adaption, reversing biodiversity loss and sustainable economic growth. It would also ensure that the impacts of the OIRMP would be fully assessed via SEA, Habitats Regulations Appraisal (HRA), Business and Regulatory Impact Assessment (BRIA), Equalities Impact Assessment (EqIA), Child Rights and Wellbeing Impact Assessment (CWRIA) and Island Communities Impact Assessment (ICIA).

A summary of the assessment framework established during the SEA scoping process, using the framework shown in Section 3a, has been amended and augmented following stakeholder input, and is provided in Table 8. The detailed assessments, including an analysis of short, medium and long-term effects; permanent and temporary effects; positive and negative effects; and secondary, cumulative and synergistic effects, is provided in Appendices A–C. Further supporting information is provided in Appendices D–F.

The identification of potential adverse socio-economic and environmental effects through the iterative development of the OIRMP and this SEA will likely add further weight to their consideration by prospective developers, marine users and consenting authorities. An opportunity for the OIRMP to improve efficiencies, for example in streamlining of current consenting processes around which applicant-led engagement with stakeholders is considered to be key, was also identified. As a consequence, there is the potential for overall positive effects.

9. Measures envisaged concerning monitoring

The monitoring of sectoral growth and environmental and socio-economic parameters will continue to be undertaken on an ongoing basis, in accordance with the Marine (Scotland) Act 2010 requirements, alongside the filling of data gaps through targeted research and studies, as capacity allows. A Monitoring and Evaluation Framework will be prepared in due course.

1. Introduction

1a. Purpose of this Environmental Report and Key Facts

As part of the preparation of Orkney Islands Regional Marine Plan, Orkney Islands Council (OIC) is carrying out a Strategic Environmental Assessment (SEA). SEA is a systematic method for considering the likely environmental effects of certain Plans, Policies and Strategies (PPS). SEA aims to:

• Integrate environmental factors into PPS preparation and decision-making.
• Improve PPS and enhance environmental protection.
• Increase public participation in decision making.
• Facilitate openness and transparency of decision-making.

SEA is required by the Environmental Assessment (Scotland) Act 2005. The key SEA stages are:

• Screening: determining whether the PPS is likely to have significant environmental effects and whether an SEA is required.
• Scoping: deciding on the scope and level of detail of the Environmental Report, and the consultation period for the report; this is done in consultation with Scottish Natural Heritage (now known as NatureScot), The Scottish Ministers (Historic Scotland) and the Scottish Environment Protection Agency.
• Environmental Report: publishing an Environmental Report on the PPS and its environmental effects, and consulting on that report.
• Adoption: providing information on the adopted PPS; how consultation comments have been taken into account; and methods for monitoring the significant environmental effects of the implementation of the PPS.
• Monitoring: monitoring significant environmental effects in such a manner so as to also enable the Responsible Authority to identify any unforeseen adverse effects at an early stage and undertake appropriate remedial action.

The purpose of this Environmental Report is to:

• Provide information on the Orkney Islands Regional Marine Plan (see Map 1).
• Identify, describe and evaluate the likely significant effects of the PPS and its reasonable alternatives.
• Provide an early and effective opportunity for the Consultation Authorities and the public to offer views on any aspect of this Environmental Report.

The key facts relating to the Orkney Islands Regional Marine Plan are set out in Table 1 below.

Table 1. Key facts relating to Orkney Islands Regional Marine Plan

IMAGE: Table 1 lists the responsible authority as Orkney Islands Council, identifies the OIRMP as a marine-planning policy prompted by the Marine (Scotland) Act 2010 and Environmental Assessment (Scotland) Act 2005, covers 20 years from publication, applies from Mean High Water Springs around Orkney to 12 nautical miles offshore, and gives Marine.planning@orkney.gov.uk as the contact point.

IMAGE: Map 1 shows the boundary of the Orkney Islands Marine Region extending to 12 nautical miles. It states that the area is 9,258 km², contains 68+ islands, has a population of 22,190, includes 30 ports and harbours, has more than 1,024 km of coastline, and contains 3,030 km² of marine waters within 3 nautical miles, 4,925 km² within 6 nautical miles and 9,258 km² within 12 nautical miles. The map distinguishes Orkney from the adjoining Moray Firth, North Coast and Shetland Isles marine regions.

1b. SEA activities to date

Table 2 below is a summary of the key SEA activities undertaken to date. Further detail can be found in Appendix E. The screening, scoping and preparation of this draft Environmental Report has been undertaken in accordance with the Environmental Assessment (Scotland) Act 2005.

Table 2. SEA activities in relation to the OIRMP

2. Context

2a Introduction

Schedule 3 of the Environmental Assessment (Scotland) Act 2005 requires that the Environmental Report includes “an outline of the contents and main objectives of the OIRMP or programme”. The purpose of this section is to explain the nature, contents, objectives, and timescale of the PPS.

The OIRMP will support the delivery of a vision for Orkney’s coastal and marine environment, economy and communities. This vision will be delivered through agreed objectives, implemented through decision-making made in accordance with the OIRMP policies.

Regional marine plans have a specific statutory purpose set out in the Marine (Scotland) Act 2010. In summary, this is:

• Regional marine plans need to set economic, social and marine ecosystem objectives, and objectives relating to the mitigation of, and adaptation to, climate change.
• Regional marine plans state policies for and in connection with the sustainable development of the area to which the OIRMP applies and policies on the contribution of Nature Conservation Marine Protected Areas, and other relevant nature conservation sites, to the protection and enhancement of the area.
• Public authorities must take any authorisation or enforcement decision in accordance with the appropriate regional marine plan, unless relevant considerations indicate otherwise.
• Public authorities must have regard to the appropriate regional marine plan in making any decision which relates to the exercise by them of any function capable of affecting the whole or any part of the Scottish marine area, but which is not an authorisation or enforcement decision.

2b Outline and objectives of Orkney Islands Regional Marine Plan

The OIRMP has been prepared to guide decision making on sustainable development, activities, and use in the Orkney Islands marine region.

The Marine (Scotland) Act 2010 requires that the purpose of a regional marine plan is to state the Scottish Ministers’ policies for and in connection with the sustainable development of the area to which the OIRMP applies. Regional marine plans should state Scottish Ministers’ policies on the contribution of Nature Conservation Marine Protected Areas, and other relevant conservation sites, to the protection and enhancement of that area. The OIRMP has been prepared in accordance with this statutory purpose.

The OIRMP has been prepared by Orkney Islands Council (OIC), in accordance with the Delegation of Functions (Regional Marine Plan for the Scottish Marine Region for the Orkney Islands) Direction 2020. The Orkney Marine Planning Advisory Group (OMPAG) has provided expert input on environmental, social, economic and recreational matters to inform the preparation of the OIRMP.

The Marine (Scotland) Act 2010 requires public authorities to take any authorisation or enforcement decision in accordance with the appropriate regional marine plan, unless relevant considerations indicate otherwise. The Act also requires public authorities to have regard to the appropriate regional marine plan in making any decision which relates to the exercise by them of any function capable of affecting the Scottish marine area.

The OIRMP provides a policy framework to assist public authorities, including regulators, decision-makers and planners, to make decisions on sustainable development and activities that take place within, or that affect, the Orkney Islands marine region. Appendix 1 within the OIRMP also contains a summary of the relevant licensing and consent regimes, and associated processes, administered by public authorities to manage marine development and activities in the Orkney Islands marine region.

The OIRMP is structured into four sections:

1. Introduction
2. General Policies
3. Sector Policies
4. Monitoring and review

These sections are supported by appendices that provide further information to assist Plan users.

The OIRMP’s policy framework consists of a suite of general policies and sector policies. These policies express intent and guide decisions to achieve the OIRMP’s aim and objectives. The suite of general policies provides a framework for decision making to help deliver the Plan’s environmental, social, economic, marine ecosystem and community well-being objectives. These types of policies are often referred to as cross-cutting policies as they can be applied to many different types of decision, for example decisions on renewable energy, aquaculture or harbour developments, to address a specific policy issue e.g. nature conservation.

The Sector Policies are designed to support sustainable development and management of specific sectors e.g. aquaculture and renewable energy.

All the policies should be considered alongside the relevant legislation, policies and plans.

Table 3. Vision, Guiding Principles, Aim and Objectives for the Orkney Islands Regional Marine Plan

Vision – looking forward to 2045

The Orkney Islands marine region is clean, healthy, safe and productive; Orkney’s marine and coastal environment is rich in biodiversity and managed sustainably to support thriving and resilient local communities.

Guiding principles

The Orkney Islands Regional Marine Plan has been developed in accordance with five guiding principles adopted to help steer the plan-making process, strategy and policies.

A. Sustainable development and use

Sustainable development and use are enabled whilst living within environmental limits; ensuring a strong, safe, healthy and just society; achieving a sustainable economy; promoting good governance; using sound science responsibly; and supporting the delivery of the United Nations Sustainable Development Goals.

B. Ecosystem approach

An ecosystem approach is used to manage the marine environment and enable climate change mitigation, as well as adaptation to the predicted effects of climate change in response to the twin global climate and nature crises.

C. Coexistence

Coexistence between marine development, activities and use is supported to minimise potential conflict and maximise synergistic benefits.

D. Partnership working and stakeholder participation

This Plan is developed through an inclusive process of partnership working and stakeholder participation.

E. Integrated approach to marine and land-use planning

Land and marine development and/or activities are planned in a joined-up way to address development and infrastructure requirements, and associated impacts, across the interface between land and sea.

Aim

Sustainable development, activities and use of the marine and coastal environment of Orkney is supported, helping to tackle the twin climate and nature crises.

Sustainable development, activities and use should maintain, and where appropriate enhance, biodiversity and ecosystem services; protect natural capital for future generations; and maximise social, economic and wellbeing benefits for local communities.

Objectives

The topics, policies and supporting appendices contained in the OIRMP are outlined in Table 4 below. The indicative timescale for the production of the OIRMP and the associated documents are:

• Delegation of Functions to OIC: November 2020.
• Statement of Public Participation (SPP) to Scottish Ministers: May 2021.
• Preparation of consultation draft Plan, draft SEA and other supporting draft documents: February 2021 – October 2022.
• All drafts to OIC committees for endorsement: November 2022 – December 2022.
• Draft Plan reviewed by the Scottish Government’s Marine Directorate and approval of the draft Plan by Scottish Ministers for public consultation: December 2023 – July 2024.
• Consultation on draft documents: 1 August 2024 – 25 October 2024.
• Consultation analysis and plan modifications: Winter 2024/Summer 2025.
• Approvals stage: Autumn-Winter 2025.
• Adoption of Plan, independent investigation as required: Winter 2025/Spring 2026.
• Post publication: Plan kept under review, with a report detailing this review being published a minimum of every five years from the date of the Plan’s adoption, as per Marine (Scotland) Act 2010.

Further detail is provided in Appendix F.

Table 4. Topics included in the OIRMP

(GP = General Policy; SP = Sector Policy)

Assessment

This SEA assesses the Vision (see Table 3) and Policies (see Table 4) of the OIRMP and provides a summary assessment of the likely environmental effects of implementation of the OIRMP’s policies. These assessments are in Appendices C.1–C.3.

2c. Relationship with other PPS and environmental protection objectives

It is important to ensure that regional marine plans are appropriately aligned with wider relevant plans, programmes, and strategies (PPS). One of the early stages of the SEA process was to consider the relationship of the OIRMP to other relevant PPS and their environmental objectives. This allowed key environmental objectives to be identified for consideration during the OIRMP preparation process. It was also important to identify both the PPS that will influence the OIRMP and those that will be influenced by the OIRMP itself.

An understanding of the context and the hierarchy that the OIRMP sits within is also useful for giving insight to mitigation measures and where they may be best implemented. Appendix A outlines the PPS taken into consideration during the SEA process.

Where specific marine management issues are currently being addressed by other bodies through existing plans, strategies, and programmes (e.g., fisheries management by the Inshore Fisheries Group), it may not be appropriate for the OIRMP to take forward detailed policy on these matters. There will however be a requirement for appropriate integration and alignment, along with signposting where appropriate.

The OIRMP will have a significant influence on, and will draw from, other plans produced by OIC. It aligns with the Orkney Local Development Plan (2017) and the Indicative Orkney Regional Spatial Strategy, as well as NPF4 which forms part of the Development Plan. The NMP is also a key consideration to ensure effective integration with national policy.

Appendix A to this report contains a detailed review of the list of key plans, programmes, and strategies, as well as current legislation considered to be most directly relevant to the Gateway Programme, and includes details of how their environmental objectives have been considered as part of the SEA process.

The key environmental messages and initial objectives identified from this review are to:

1. Promote responsible stewardship of the coastal and marine environment, with particular focus on the twin threats of the climate emergency and biodiversity decline.
2. Encourage a reduction in greenhouse gas emissions (mitigation) and be positioned to respond to the predicted effects of climate change (adaptation).
3. Help halt the loss of biodiversity and seek to reverse previous losses through targeted protection for species, habitats, and ecosystems.
4. Enhance habitats and ecosystems, where this is appropriate and feasible.
5. Protect and enhance the water environment, ensuring that the status of all waters is protected from deterioration.
6. Protect against developments which have potential to cause or exacerbate coastal erosion and flooding.
7. Protect and, where appropriate, enhance landscape and seascape character, local distinctiveness, and scenic value.
8. Protect and, where appropriate, enhance the historic environment.
9. Ensure that development which would have a significant adverse impact on the Outstanding Universal Value of the Heart of Neolithic Orkney World Heritage Site, or its setting, does not occur.
10. Increase awareness, understanding and enjoyment of the natural and historic environment.
11. Protect opportunities for access to, and enjoyment of, coastal and marine environments.
12. Prepare a regional marine plan which meet the needs and ambitions of local people, and which gives weight to the voices and views of local communities.
13. Maximise the use/reuse of existing infrastructure assets to meet future needs.
14. Contribute towards a reduction in marine litter.
15. Promote the sustainable development of marine renewable energy.
16. Promote sustainable development.
17. Support planning outcomes that focus on the priorities identified in NPF4: net-zero emissions, a well-being economy, resilient economy, and better, greener places.
18. Revitalise our communities, particularly considering the COVID-19 pandemic which has changed the way we all live, work and learn.

The findings above are used, along with the baseline data in Appendix B, to further refine a set of SEA objectives (see section 2g).

2d. Relevant aspects of the current state of the environment

Schedule 3 of the Environmental Assessment (Scotland) Act 2005 requires that the Environmental Report includes a description of “the relevant aspects of the current state of the environment and the likely evolution thereof without implementation of the OIRMP or programme”, and “the environmental characteristics of areas likely to be significantly affected”. This section aims to describe the environmental context within which the PPS operates and the constraints and targets that this context imposes on the PPS.

The ‘State of the Environment Assessment (SoEA): A baseline assessment of the Orkney Islands Marine Region’ provides the relevant aspects of the current marine environment in Orkney’s marine waters.

To avoid excessive replication, the extensive detail will not be replicated here, but in summary, it provides a snapshot of the following environments and associated environmental pressures:

• Physical
• Historic Coastal and Marine
• Climate Change
• Biodiversity
• Productive Coasts and Sea
• Social and Community Value

In addition, an outline of the data gaps is provided. For each topic and sub-topic assessed, there are also data on the trend and data confidence, where known, along with an extensive reference list of data sources. A summary of these data is in Tables 5 and 6 below.

These baseline data were assessed using the Joint Nature Conservation Committee (JNCC’s) Marine Activities and Pressures Evidence tool, which contains a Pressures-Activities Database (PAD). This is a compilation of evidence base for relationships between 112 marine-based human activities and their associated pressures (based on the OSPAR pressure list).

The PAD incorporates information on activities in Scotland based on Marine Directorate’s Feature Activity Sensitivity Tool (FeAST) and a range of new activities that may occur in UK waters. In addition, information provided by expert organisations and stakeholders, such as Scottish Environment Protection Agency (SEPA), NatureScot (formerly Scottish Natural Heritage), the International Centre of Island Technology (ICIT), the Royal Society for the Protection of Birds (RSPB) and the Orkney Regional Inshore Fisheries Group (RIFG), has informed the assessment for the Orkney marine region and has informed the identification of additional pressures.

These identified pressures, and the supporting baseline information, are therefore helpful in informing this SEA process by providing:

• an identification of environmental problems and any data gaps;
• supports the process of assessing the environmental effects; and
• provides a baseline against which future monitoring data can be compared.