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Supplementary Pack 1

Argyll and Bute Council · 22 March 2023
Back to Planning, Protective Services and Licensing Committee — 22 March 2023 and its agenda

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Argyll and Bute Council
Comhairle Earra-Ghàidheal Agus Bhòid 
Executive Director:  Douglas Hendry 
Kilmory, Lochgilphead, PA31 8RT
Tel:  01546 602127  Fax:  01546 604435
DX 599700 LOCHGILPHEAD 
22 March 2023 
SUPPLEMENTARY PACK 
PLANNING, PROTECTIVE SERVICES AND LICENSING COMMITTEE - BY MICROSOFT
TEAMS on WEDNESDAY, 22 MARCH 2023 at 11:30 AM 
I enclose herewith additional report agreed to the considered as an urgent item on the Agenda for
the above meeting. 
Douglas Hendry
Executive Director 
ADDITIONAL ITEM 
6. SCOTTISH GOVERNMENT PROPOSALS FOR HIGHLY PROTECTED MARINE
AREAS (HPMA) (Pages 3 - 18)  
Report by Executive Director with responsibility for Development and Economic
Growth 
Planning, Protective Services and Licensing Committee 
Councillor John Armour Councillor Jan Brown
Councillor Audrey Forrest Councillor Kieron Green (Chair)
Councillor Amanda Hampsey (Vice-Chair)
Councillor Daniel Hampsey Councillor Graham Hardie
Councillor Fiona Howard Councillor Willie Hume
Councillor Mark Irvine Councillor Andrew Kain
Councillor Paul Donald Kennedy Councillor Liz McCabe
Councillor Luna Martin Councillor Peter Wallace   
Contact: Fiona McCallum                  Tel. No. 01546 604392
Public Document Pack

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ARGYLL AND BUTE COUNCIL  PLANNING, PROTECTIVE SERVICES
AND LICENSING COMMITTEE 
DEVELOPMENT AND ECONOMIC
GROWTH  
22 MARCH 2023 
SCOTTISH GOVERNMENT PROPOSALS FOR HIGHLY PROTECTED MARINE
AREAS (HPMA) 
1.0 INTRODUCTION 
1.1  The Scottish Government are consulting on proposals to establish Highly
Protected Marine Areas (HPMAs) across Scotland.  The consultation is
seeking views on a number of key documents including draft Policy
Framework and Site Selection Guidelines. Additional information on the
consultation can be found via the following link.  Scottish Highly Protected
Marine Areas (HPMAs)   
1.2  It needs to be emphasised that the consultation contains no boundaries of any
proposed HPMAs, as this initial consultation focuses on the criteria for
establishing them.  The consultation period runs until 17th April 2023. 
1.3 Given the timescale of 17th April 2023, it is proposed that Officers of the
council are asked to prepare a response to the consultation, in consultation
with the Leader, Depute Leader, Leader of the largest Opposition Group and
the Policy Lead for Planning and Regulatory Services prior to the deadline of
17th April 2023.   
1.4 Once the Officer response has been prepared in terms of paragraph 1.3
above, there will be a further opportunity for all Elected Members to contribute
to the Council’s overall response prior to submission to the Scottish
Government.   
RECOMMENDATIONS
It is recommended that Members of the Planning, Protective Services and
Licensing Committee agrees:- 
1. That the Council’s response to the consultation is delegated to the Executive
Director with responsibility for Development and Economic Growth in
consultation with the Leader, Depute Leader, Leader of the largest
Opposition Group and the Policy Lead for Planning and Regulatory
Services to ensure that a response can be submitted by the deadline of
17th April 2023; and 
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2. That the Members of the Council have an opportunity to comment on the
agreed delegated response prior to submission; and 
3. That the council will continue to raise awareness of this consultation to
ensure that local communities in Argyll and Bute can submit their own
thoughts on the process being taken forward.   
2.0 DETAIL
2.1 HPMAs are proposed to be designated areas of the sea that are strictly
protected to allow the marine ecosystems within to recover and thrive. These
areas safeguard all of their marine life for the benefit of the planet and current
and future generations; providing opportunities for carefully managed
enjoyment and appreciation.  The designation and management of HPMAs
will protect all elements of the marine ecosystem within their boundaries,
including the seabed, water column habitats and everything that lives in the
protected area. This will protect not only the species and habitats within them,
but also the complex web of interactions and processes that form a marine
ecosystem. 
2.2 HPMAs are intended to form part of Scotland’s Marine Protected Areas
(MPA) network. They will complement and add value to the
existing MPA network by affording high levels of protection to all marine
biodiversity and associated ecosystem services within sites. The level of
protection will be much stricter than for MPAs, with a more limited range of
uses allowed. HPMAs may overlap either fully or partially with existing MPAs
in order to maximise the conservation benefits associated with stricter
management approaches in a particular geographic location. HPMAs may
also be located outside the current MPA network.
2.3 HPMAs when designated will have considerable powers to restrict human
activity within them including fishing and aquaculture that is currently
controlled through the planning process and the PPSL when required.  There
could be significant implications for the social and economic future of local
communities in Argyll and Bute which requires a carefully considered
response to be submitted.  
2.4 The Scottish Government are seeking views and comments on a number of
key draft documents, to help inform and shape HPMA policy development,
such as: Policy Framework; Site Selection Guidelines; Initial Sustainability
Appraisal; Partial Island Communities Impact Assessment; and Partial
Business and Regulatory Impact Assessment.  The consultation questions are
set out in Appendix A of this report. 
3.0  CONCLUSION 
3.1 The consultation is the start of a process to identify HPMA designations in
Scottish waters, and establish the criteria for selection of them.  The Scottish
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Government acknowledges that there is a need to recognise the potential
socio economic impacts of the proposed designations, as well as the nature
conservation benefits.  The consultation questions are detailed in the attached
appendix.  An officer response to these questions is proposed which will be
seeking to ensure that the criteria for selection of HPMA are robust, that there
is full consultation when sites are identified, and that the impacts on the
coastal and island communities whose economy and way of life is inextricably
linked to the marine environment are properly recognised and mitigated or
better still avoided as far as practicable. 
3.2 A response to the consultation will be prepared by Officers before
consideration through an initial delegation to senior councillors with a further
opportunity for elected members to input prior to submission to the Scottish
Government by the deadline of the 17th April. 
4.0 IMPLICATIONS
4.1  Policy – The Scottish Government are seeking views and comments on a
number of key draft documents, to help inform and shape HPMA policy
development – there are currently no direct policy implications arising from
this consultation.  
4.2  Financial – There are currently no financial implications arising from this
report.  
4.3  Legal – None arising from this report.  
4.4  HR – None from this report.  
4.5  Fairer Scotland Duty: None known at this stage.  
4.5.1  Equalities - protected characteristics: None known at this stage.  
4.5.2  Socio-economic Duty: The Scottish Government acknowledges that there is a
need to recognise the potential socio economic impacts of the proposed
designations, as well as the nature conservation benefits.  
4.5.3   Islands: The Scottish Government will engage with island representatives 
throughout the HPMA site selection and designation process.
4.6  Climate Change – HPMAs are being designated in response to the need to
counter climate change and preserve our marine biodiversity
4.7  Risk – The Council requires to look at any potential risks and this will be
picked up via the Council’s response to the consultation.  
4.8  Customer Service – None arising directly from this report.   
Kirsty Flanagan, Executive Director with responsibility for Development and
Economic Growth   
20th March 2023 
Policy Lead for Planning and Regulatory Services: Councillor Kieron Green 
For further information contact:
Fergus Murray, Head of Service for Development and Economic Growth
Fergus.Murray@argyll-bute.gov.uk 
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01546 604293   
APPENDICES 
Appendix A – Consultation Questions 
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3. Consultation Questions
3.1. Why your views matter
The Scottish Government is committed to realising our vision of the marine
environment being clean, healthy, safe, productive, diverse and managed to meet
the long term needs of nature and people. Your responses will help to shape and
inform how we do this.
Respondents should take into consideration the information provided in this
document alongside any other knowledge or personal experiences that could be
relevant. All opinions are welcome.
You are invited to answer all the questions. However, if you are unable to answer
any question then please feel free to skip and move on to the next.
The questions are asked in relation to specific documents: (i) Policy Framework: (ii)
Site Selection Guidelines; (iii) Initial Sustainability Appraisal; (iv) Partial Island
Communities Impact Assessment (ICIA) Screening Report; and (v) Partial Business
and Regulatory Impact Assessment (BRIA). 
We recommend reading the full suite of documents before starting to submit
your responses. 
Appendix A
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3.2. Policy Framework
1. What is your view of the aims and purpose of Highly Protected Marine Areas as
set out in sections 2 and 3 of the draft Policy Framework?
Strongly support   Support  Neutral  Oppose  Strongly oppose
Please explain your answer in the text box:
2. What is your view of the effectiveness of the proposed approaches to manage
the activities listed below, as set out in section 6 of the draft Policy Framework,
in order to achieve the aims and purpose of HPMAs?
Activity Strongly
support
Support Neutral Oppose Strongly
oppose
1 Commercial fishing (of any
kind)
2 Recreational fishing (of any
kind)
3 All other recreational
activities
4 Finfish aquaculture
5 Shellfish aquaculture
6 Seaweed harvesting
7 Oil and gas sector
8 Renewable energy
9 Carbon capture, utilisation
and storage
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Activity Strongly
support
Support Neutral Oppose Strongly
oppose
10 Subsea cables
11 Aggregate extraction
12 Ports and harbours
13 Shipping and ferries
14 Military and defence
15 Hydrogen production
16 Space Ports
Please explain your answer in the text box and if you think we have missed any
activities, please suggest them here:
3. What is your view of the proposed additional powers set out in section 8.3.2 of
the draft Policy Framework: “Allow for activities to be prohibited from the point of
designation to afford high levels of protection.”
Strongly support   Support  Neutral  Oppose  Strongly oppose
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Please explain your answer in the text box:
4. What is your view of the proposed additional powers set out in section 8.3.3 of
the draft Policy Framework: “Establish processes to permit certain limited
activities within a HPMA on a case-by-case basis for specified reasons.”
Strongly support    Support   Neutral  Oppose  Strongly oppose
Please explain your answer in the text box:
5. What is your view of the proposed additional powers set out in section 8.3.4 of
the draft Policy Framework: “Activities which are not permitted in a HPMA but are
justified in specified cases of emergency or force majeure.”
Strongly support    Support   Neutral  Oppose  Strongly oppose
Please explain your answer in the text box:
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6. What is your view of the proposed additional powers set out in section 8.3.5 of
the draft Policy Framework: “Measures for activities allowed and carefully
managed in HPMAs.”
Strongly support    Support   Neutral  Oppose  Strongly oppose
Please explain your answer in the text box:
7. Do you have any further comments on the draft Policy Framework, which have
not been covered by your answers to the previous questions?
Please add your response in the text box:
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3.3. Site Selection Guidelines
8. What is your view of the proposal that HPMA site identification should be based
upon the “functions and resources of significance to Scotland’s seas,” as listed
below and set out in Annex B of the draft Site Selection Guidelines?
Function and
Resources
Strongly
support
Support Neutral Oppose Strongly
oppose
1 Blue Carbon
2 Essential Fish Habitats
3 Strengthening the
Scottish MPA network
4 Protection from storms
and sea level rise
5 Research and
education
6 Enjoyment and
appreciation
7 Other important
ecosystem services
Please explain your answer in the text box, including any suggested changes to the
list:
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9. What is your view of the general principles that are intended to inform the
approach to HPMA selection, as listed below and set out in section 4.1 of the
draft Site Selection Guidelines?
General principle Strongly
support
Support Neutral Oppose Strongly
oppose
1 Use of a robust
evidence base
2 HPMA scale and the
use of functional
ecosystem units
3 Ensuring added value
4 Delivering ecosystem
recovery
Please explain your answer in the text box, including any suggested changes to the
list:
10. What is your view of the proposed five-stage site selection process, found in
sections 4.2 and 4.3 as well as figure 2 and Annex A of the draft Site Selection
Guidelines?
Strongly support   Support  Neutral  Oppose  Strongly oppose
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Please explain your answer in the text box:
11. Do you have any further comments on the draft Site Selection Guidelines, which
have not been covered by your answers to the previous questions?
3.4. Initial Sustainability Appraisal
12. What is your view of the Strategic Environmental Report, summarised within
sections 3 and 4 of the Sustainability Appraisal, as an accurate representation of
the potential impacts, issues and considerations raised by the introduction of the
draft Policy Framework and Site Selection Guidelines?
Strongly support   Support  Neutral  Oppose  Strongly oppose
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Please explain your answer in the text box:
13. What is your view of the Socio-Economic Impact Assessment, summarised within
sections 3 and 4 of the Sustainability Appraisal, as an accurate representation of
the potential impacts, issues and considerations raised by the introduction of the
draft Policy Framework and Site Selection Guidelines?
Strongly support    Support   Neutral  Oppose  Strongly oppose
Please explain your answer in the text box:
3.5. Partial Island Communities Impact Assessment (ICIA) Screening Report
14. What is your view of the partial ICIA screening report as an accurate
representation of potential impacts, raised by the implementation of the draft
Policy Framework and Site Selection Guidelines?
Strongly support   Support  Neutral  Oppose  Strongly oppose
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Please explain your answer in the text box:
15. Do you think that the implementation of the draft Policy Framework and Site
Selection Guidelines will have any significantly differential impacts – positive
and/or negative - on island communities?
Yes  No  Not sure
Please explain your answer in the text box, including any additional impacts that
have not been identified in the partial ICIA screening report:
3.6. Partial Business and Regulatory Impact Assessment (BRIA)
16. What is your view of the partial BRIA as an accurate representation of the
potential impacts, issues and considerations raised by the implementation of the
draft Policy Framework and Site Selection Guidelines?
Strongly support   Support  Neutral  Oppose  Strongly oppose
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Please explain your answer in the text box:
17. Do you think that the implementation of the draft Policy Framework and Site
Selection Guidelines will have any financial, regulatory or resource impacts –
positive and/or negative - for you and/or your business?
Yes   No   Not sure
18. If you answered “yes” to the previous question, please specify which of the
proposals/actions you refer to and why you believe this would result in financial,
regulatory or resource impacts for your business.
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3.7. Our Commitment
19. Do you have any further thoughts on the Scottish Government’s commitment to
introduce HPMAs to at least 10% of Scottish waters?
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