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

Information requirements

38. Paragraph 3 of the Direction sets out the requirements for information to be sent by the planning authority to Scottish Ministers. This is a legal requirement, and it is vital that all relevant information is provided to ensure there are no unnecessary delays in decision-making.

For Part 1 Categories

39. As explained above, Ministers are interested in maintaining a national overview of the Part 1 categories of development. So, the planning authority must notify the Scottish Ministers, as soon as reasonably practicable where it is proposing to make, or alter an MCA scheme for any of the categories set out in Part 1, that it has published proposals for consultation in accordance with paragraph 9 of schedule 5A of the Act. This is to be done by sending to Scottish Ministers:

(a) a copy of the proposed scheme or the proposed alteration,

(b) a copy of any EIA report in respect of the proposed scheme or proposed alteration or, where an EIA report has not been prepared a copy of any screening opinion given by the planning authority in respect of any Schedule 2 development to be authorised by the proposed scheme or proposed alteration,

(c) a copy of any environmental report that is relevant to the

proposed scheme or proposed alteration,

(d) a copy of any appropriate assessment relating to the proposed development, carried out under Part IV of the Conservation (Natural Habitats, &c.) Regulations 1994,

(e) a copy of any impact assessments prepared in respect of the proposed scheme (e.g. transport, noise, retail impact assessments)

40. As soon as reasonably practicable after the following information becomes available the planning authority must also send to Scottish Ministers —

(f) copies of all representations and observations submitted by a consultation body in relation to the proposed scheme or proposed alteration,

(g) copies of all other representations and petitions received, together with a list of the names and addresses of those who have submitted observations or made representations (including details of any petition organiser if known),

(h) the planning authority’s comments on the consultation bodies’ observations and representations and on other representations received,

(i) the planning authority’s reasons for proposing to make the proposed scheme or proposed alteration, including, where relevant, a statement setting out—

(i) if the masterplan consent area scheme would not be in accordance with the development plan, the reasons behind the planning authority’s decision to depart from the development plan,

(ii) if a consultation body have advised against the making or alteration of the scheme or have recommended conditions, limitations or exceptions which the planning authority does not propose to include within the scheme, the reasons for not following the advice or accepting the recommendation of the consultation body.

For Part 2 Categories

41. The requirement to notify Part 2 categories is only triggered when there is an objection from the relevant statutory consultee. In such circumstances the planning authority must notify Scottish Ministers by providing the information listed in paragraph 3(3) of the Direction (i.e. all the information listed at paragraphs 39 and 40 above) as soon as reasonably practicable.