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

Notification Categories explained: Part 2

26. The Act allows notification categories within the MCA Direction to cover proposals of a description where an event specified in the direction occurs in connection with the proposals. The MCA Regulations require planning authorities to consult various authorities and bodies. Part 2 of the Direction covers circumstances where a neighbouring planning authority, central government department or agency, Scottish Ministers or the Secretary of State having been consulted raise objection to a proposed development, due to potential implications for their interests.

27. For the Categories of development set out in Part 2 of the Schedule, the requirement to notify is triggered where the respective consultee:

(a) advises against making or altering the proposed scheme, or

(b) recommends that conditions, limitations or exceptions should be specified in the masterplan consent area scheme which were not specified in, or in different terms to, any conditions, limitations or exceptions specified in, the proposed scheme or proposed alteration.

28. The requirement to notify Scottish Ministers applies irrespective of whether those representations are submitted within the period for representations, providing they are received before the MCA scheme is made or altered.

Category 8: Development affecting land in the district of an adjoining planning authority

29. This requirement to notify Ministers applies where a neighbouring authority having been consulted on a proposed development affecting land within their area have objected, in terms of advising against or made representations in relation to conditions, as outlined in paragraph 27 above.

Category 9: Development affecting Trunk Roads and Special Roads

30. This requirement to notify Minsters applies where Transport Scotland, having been consulted for their interest in trunk roads or special roads, have objected, in terms of advising against or made representations in relation to conditions, as outlined in paragraph 27 above.

Category 10: Nature Conservation

31. This requirement is to provide appropriate checks for nature conservation interests, and in recognition of the nature emergency. The requirement to notify Ministers applies where NatureScot, having been consulted

indicate that the development may adversely affect—

(i) a site of special scientific interest,

(ii) a European site,

(iii) a European offshore marine site

(iv) a site announced by the Scottish Ministers as a proposed Special Protection Area or proposed Special Area of Conservation, or

(v) a Ramsar site,

and have objected in terms of advising against, or made representations in relation to conditions, as outlined in paragraph 27 above.

Category 11: Flooding

32. This requirement to notify Scottish Minsters is to help ensure places are resilient to current and future flood risk. It applies where SEPA, having been consulted for their flooding interest have objected in terms of advising against, or made representations in relation to conditions, as outlined in paragraph 27 above.

Category 12: Development in the Vicinity of Major Hazards

33. This requirement to notify Scottish Minsters is to help mitigate risks arising from safety hazards. It applies where the Health & Safety Executive (HSE), having been consulted for their interests have objected in terms of advising against, or made representations in relation to conditions, as outlined in paragraph 27 above.

Category 13: Development affecting outdoor sports facilities

34. This requirement to notify Scottish Minsters is to ensure appropriate protection for outdoor sports facilities. It applies where sportscotland, having been consulted for their interest in outdoor sports facilities have objected in terms of advising against, or made representations in relation to conditions, as outlined in paragraph 27 above.

Category 14: Development of Marine Fish Farming affecting controlled sites / protection of military remains

35. This requirement to notify Scottish Minsters is to ensure impacts of marine fish farming on controlled sites / the protection of military remains are considered. It applies where either the Secretary of State or the Scottish Ministers, having been consulted have objected in terms of advising against, or made representations in relation to conditions, as outlined in paragraph 27 above.

Category 15: Development affecting Historic Assets or Places

36. Scotland’s historic assets and places are an important part of our identify and culture. Under the MCA Regulations planning authorities are required to consult Historic Environment Scotland where development to be authorised by the proposed masterplan consent area scheme or alteration—

(a) is situated within 800 metres from any Royal Palace or Park, and might affect the amenities of that Palace or Park,

(b) would include works for the —

(i) demolition of a listed building,

(ii) alteration or extension of a listed building,

(iii) demolition of a building in a conservation area,

(c) may affect—

(i) a World Heritage Site,

(ii) a historic garden or designed landscape,

(iii) the site of a scheduled monument or its setting,

(iv) the setting of a category A listed building, or

(v) a historic battlefield.

37. The planning authority must notify Ministers, if HES having been consulted for their interests have objected in terms of advising against, or made representations in relation to conditions, as outlined in paragraph 27 above.