Masterplan Consent Areas - draft regulations: consultation

This consultation relates to proposed regulations on the procedures to prepare Masterplan Consent Areas (MCA). It sets out the proposed procedures and includes two sets of regulations: covering the main process for making MCA schemes and relating to environmental impact assessment.


Duty to periodically consider making a scheme statement

38. Schedule 5A Paragraph 5 places a duty on planning authorities to consider making a MCA for a part or parts of their area at least once every five years. To provide transparency as to their consideration and decision, planning authorities have to publish a statement as a formal record of how they have fulfilled their duty to consider preparing MCAs.

Schedule 5A Paragraph 5

Duty to periodically consider making a scheme

5(1) Each planning authority must, at least once in each 5-year period, consider whether it would be desirable to—

a) make a scheme for a part or parts of their district,

b) alter a scheme that relates to an area in their district.

(2) In sub-paragraph (1), the “5-year period” means—

a) the period of 5 years beginning with the day on which the Bill for the Planning (Scotland) Act 2019 received Royal Assent, and

b) each subsequent period of 5 years beginning with the day on which the authority last published a statement under sub-paragraph (3).

(3) After each occasion on which an authority consider the matters mentioned in sub-paragraph (1), they must publish a statement setting out—

a) what they decided, and

b) the reasons for their decision.

(4) The Scottish Ministers may by regulations prescribe requirements in respect of the statement mentioned in sub-paragraph (3).

(5)The requirements that may be specified under sub-paragraph (4) include, in particular, requirements as to—

a) what information a statement must contain,

b) how it is to be published, and

c) to whom copies of it are to be sent.

39. Paragraph 5(5) of new Schedule 5A allows Ministers to set out requirements as to what a planning authority’s statement setting out what their decision on whether to prepare a MCA scheme for part or parts of their district is to contain. However, particularly respecting the Verity House Agreement, we are not intending to regulate on the detailed content of such statements and how they are to be published and who they are sent to. Instead we are suggesting that guidance will set out some considerations in relation to the statement, as in the table below.

Requirements Ministers can prescribe What guidance may suggest planning authorities to consider
(a) what information a statement must contain
  • The areas the planning authority considered bringing a MCA forward for
  • The factors that informed its decision whether or not to prepare a MCA scheme(s)
  • A summary of any engagement carried out. While not a formal consultation, this would be an opportunity for the planning authority to reflect on any discussions it may have had with stakeholders about the potential for MCAs for particular locations.
(b) how it is to be published, and Suggest this is published electronically on the Council’s website.
(c) to whom copies of it are to be sent Suggest it may be good practice for awareness and monitoring purposes, to send links to copies of the statement to
  • Scottish Ministers (Planning, Architecture & Regeneration Division)
  • Key agencies
  • Community councils
  • Any other person the planning authority considers appropriate.

Question 4:

A) To what extent do you agree that the matters above in relation to the statement be set out in guidance rather than regulations?

a) Strongly Agree b) Agree c) Neutral d) Disagree e) Strongly Disagree

B) Please explain your view.



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