Planning circular 1/2025: notification to Ministers of Masterplan Consent Area Schemes

Scottish Ministers’ Role

6. Notification of MCA schemes provides an opportunity to consider whether Ministerial action may be necessary. The Act allows Scottish Ministers to direct a planning authority to notify them, as soon as reasonably practicable, of any proposals for making or altering a MCA scheme that the authority have publicised, and invited representations, under paragraph 9 of Schedule 5A.

7. Paragraph 4 of the Direction, "Restriction on making or altering a masterplan consent area scheme”, provides that where the direction requires a planning authority to notify the Scottish Ministers of their proposals for making or altering a MCA scheme, that the authority may not make the proposed scheme or alteration until the Scottish Ministers advise that their consideration period has ended.

8. Once notified, Scottish Ministers will consider whether they wish to call-in the MCA scheme for their own determination, in effect to take over the role of the decision maker, as provided for in Part 4 of Schedule 5A. A call-in direction may be given in relation to an authority's proposals at any time prior to the authority making the proposed scheme or alteration.

9. It is at Ministers' discretion whether to call-in a case. The Direction does not commit Scottish Ministers to calling in any MCA scheme notified to them. The Masterplan Consent Areas guidance sets out that in keeping with similar powers relating to handling planning applications, Ministers expect to exercise this call-in power very sparingly, recognising and respecting the importance of local decision-making.

10. A Ministerial Statement on the call-in of Planning Applications, was laid in the Scottish Parliament on 28 June 2023. It explains that the circumstances in which Ministers consider it appropriate to call in applications are where they consider that there may be some important issue at stake which should be determined by them. These considerations will also apply in considering call-in of proposed MCA schemes or proposed amendment to MCAs, with each case being considered on its individual merits. Simply because a proposed MCA scheme may include development that may be seen as complex or controversial or there is a substantial number of objections is not in itself sufficient ground to merit call-in for a decision by Ministers.

11. The call-in power can be exercised by Ministers issuing a call-in Direction requiring a case to be determined by them. Where a call-in direction is given Ministers are required to give their reasons for doing so. Calling in the MCA scheme does not pre-determine the outcome of the consideration process.

12. If a call-in direction has been issued in relation to making or altering an MCA scheme,

the planning authority:

(a) may not make the proposed scheme or alteration (whether in the terms proposed or otherwise), and

(b) must not begin, or as the case may be proceed with, any hearings in relation to the proposals that would (but for this paragraph) be required byregulations under paragraph 11(1).

the Scottish Ministers may:

(a) make the scheme or alteration proposed,

(b) make a scheme or alteration that is different from what the authority proposed, or

(c) decline to make any scheme or alteration.

13. In coming to a decision, Scottish Ministers may require a local inquiry or other hearing to be held by a person appointed by them, or it may be considered without further oral proceedings.

14. The Scottish Government will handle MCA cases as timeously and efficiently as possible.