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

Notification Categories explained: Part 1

15. The Act allows notification categories within a Direction to be covered in two ways, as provided in paragraph 12(3) of Schedule 5A. This allows the Direction to cover proposals of a description specified in a direction. Part 1 of the Direction’s Schedule uses this approach. It covers types of development on which Ministers are interested in maintaining a national overview.

Category 1: Development in which planning authorities have an interest

16. This notification requirement is to protect the integrity of the planning system. Sometimes, as well as making the MCA scheme, a planning authority will have some other interest in the proposed development, for example as the developer or the owner of the land. This in itself is not unreasonable; in fact it occurs regularly through planning applications. In these circumstances though, it is essential that any possible conflict of interests do not have an undue influence on the planning assessment. Planning authorities generally exercise their duties fairly in such matters, recognising how essential it is that probity is scrupulously observed.

17. The requirement to notify Scottish Ministers where a planning authority has an interest in a development proceeding (this could be a financial, partnership or land ownership interest) is limited to where the proposed development would be significantly contrary to the development plan.

18. The Scottish Government considers it reasonable for planning authorities to make decisions which do not depart, to any significant scale, from their development plans. Where there would be a significant departure from the development plan, planning authorities will be expected to demonstrate when notifying applications to Ministers, that they have carefully considered the development plan and there is reasonable justification for departing from its terms.

Category 2: Opencast coal and related minerals

19. This category requires planning authorities to notify Ministers of proposals to make or alter a masterplan consent area scheme which would consent development consisting of works connected with the extraction of coal by opencast methods, and other minerals extracted in association with works to extract opencast coal, where the boundary falls within 500 metres from the edge of an existing community or sensitive establishment. Sensitive establishments may include schools, hospitals and care homes where an acceptable standard of amenity should be expected.

Category 3: Spaceport related development

20. This notification category is to enable a national overview of spaceport related developments in the planning system.

Category 4: Commercial extraction of peatland

21. This category is in view of the national importance of peatlands and peatland restoration in addressing climate change.

Category 5: Safeguarded aerodromes, technical sites and military explosives storage areas

22. This category is around safeguarding aerodromes, technical sites and military explosives storage areas. A revised direction for planning applications was issued in 2016, when the Department for Transport (DfT) transferred responsibility for official safeguarding of civil aerodromes and technical sites from the Civil Aviation Authority to the operators of aerodromes and technical sites. It also applied to military explosives storage areas, military aerodromes and military technical sites.

23. For consistency this MCA notification category requires notification where a planning authority proposes to make or alter a MCA scheme for development on land forming the site of, or in the neighbourhood of, an aerodrome, technical site or military storage area.

Category 6: Oil and gas

24. The Scottish Government announced a moratorium on unconventional oil and gas developments in Scotland on 28 January 2015. On 7 March 2023, the Scottish Government issued a statement setting out our policy position of no support for conventional onshore oil and gas development in Scotland.

Category 7: Energy from waste

25. This notification category ensures that Scottish Ministers are aware of proposed MCA schemes or alterations that would grant consent for new energy from waste facilities (incineration and advanced thermal treatment such as gasification and pyrolysis).