Publication - Advice and guidance

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

Published: 12 May 2025
From: Director for Planning, Architecture and Regeneration
Directorate: Planning, Architecture and Regeneration Directorate
Topic: Building, planning and design
ISBN: 9781836915898

This circular contains and explains notification triggers and information requirements in the associated Town and Country Planning (Masterplan Consent Areas) (Scotland) Direction 2025, which will ensure appropriate Ministerial scrutiny of those MCA schemes that may raise issues of importance.

Part of

Planning: circulars

Supporting documents

The Town and Country Planning (Masterplan Consent Area Schemes) (Scotland) Direction 2025

The Scottish Ministers give the following Direction in exercise of the powers conferred on them by paragraphs 12 and 21 of Schedule 5A of the Town and Country Planning (Scotland) Act 1997^[1] and all other powers enabling them in that behalf—

Citation, commencement and interpretation

1.—(1) This Direction may be cited as the Town and Country Planning (Masterplan Consent Area Schemes) (Scotland) Direction 2025 and comes into force on 12 May 2025.

(2) In this Direction—

“the 2024 Regulations” mean the Town and Country Planning (Masterplan Consent Areas) (Scotland) Regulations 2024^[2],

“the Act” means the Town and Country Planning (Scotland) Act 1997,

“aerodrome”, “technical site” and “military explosives storage area” have the same meaning as in the Town and Country Planning (Safeguarded Aerodromes, Technical Sites and Military Explosives Storage Areas) (Scotland) Direction 2003,

“consultation body” means a person, authority or body to whom the planning authority must give notice of a proposed masterplan consent area scheme or proposed alteration to a scheme in accordance with the schedule of the 2024 Regulations,

“environmental report” means the environmental report prepared in accordance with the Environmental Assessment (Scotland) Act 2005,

“EIA report”, “Schedule 2 development” and “screening opinion” have the same meaning as in the Masterplan Consent Area Scheme (Environmental Impact

Assessment) (Scotland) Regulations 2024^[3],

"European site" means a European site within the meaning of regulation 10 of the Conservation (Natural Habitats, &c.) Regulations 1994^[4],

"European offshore marine site" means a European offshore marine site within the meaning of regulation 18 (meaning of European offshore marine site) of the Conservation of Offshore Marine Habitats and Species Regulations 2017^[5],

“NatureScot” means Scottish Natural Heritage,

“period for representations” has the meaning given in regulation 4(5) of the 2024 Regulations,

“proposed scheme”, in respect of proposals for making a masterplan consent area scheme, means the proposed masterplan consent area scheme published in accordance with regulation 4 of the 2024 Regulations,

“proposed alteration”, in respect of proposals for altering a masterplan consent area scheme, means the proposed alteration to a masterplan consent area scheme published in accordance with regulations 4 and 8 of the 2024 Regulations,

“Ramsar site” means an area designated by the Scottish Ministers or the Secretary of State as a wetland of international importance in accordance with the 1971 Convention on Wetlands of International Importance especially as a waterfowl habitat (The Ramsar Convention),

"SEPA" means the Scottish Environment Protection Agency established under section 20 of the Environment Act 1995^[6],

“site of special scientific interest” has the same meaning as in section 58(1) (interpretation) of the Nature Conservation (Scotland) Act 2004^[7],

"sportscotland" means the Scottish Sports Council.

(3) References to representations received by or submitted to the planning authority in respect of proposals to make or alter a masterplan consent area scheme are references to representations received by the planning authority both within or after the period for representations.

Notification of proposals for making or altering a masterplan consent area scheme

2.—(1) The planning authority must notify the Scottish Ministers, as soon as reasonably practicable, of proposals for making a masterplan consent area scheme that the planning authority have published in accordance with paragraph 9 of schedule 5A of the Act if—

(a) the proposed scheme would grant planning permission for development falling within any of the descriptions of development listed in Part 1 of the Schedule to this Direction, or

(b) an event specified in Part 2 of the Schedule to this Direction occurs.

(2) The planning authority must notify the Scottish Ministers, as soon as reasonably practicable, of proposals for altering a masterplan consent area scheme that the planning authority have published in accordance with paragraph 9 of schedule 5A of the Act if—

(a) the proposed alteration relates to development falling within any of the descriptions of development listed in Part 1 of the Schedule to this Direction, or

(b) an event specified in Part 2 of the Schedule to this Direction occurs.

Information to be given to the Scottish Ministers - Notification under paragraph 2

3.—(1) A planning authority must, in respect of proposals for making or altering a masterplan consent area scheme which are to be notified to the Scottish Ministers under paragraph 2, provide the Scottish Ministers with the information specified in paragraph (3).

(2) The information specified in paragraph (3)(a) to (e) must be provided when notifying the Scottish Ministers of the proposed scheme or proposed alteration and other information specified in paragraph (3) must be provided as soon as reasonably practicable after the information becomes available—

(3) The information is—

(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,

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),

(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) (ii) if a consultation body has advised against the making or alteration of the scheme or has 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.

Restriction on making or altering a masterplan consent area scheme

4. Where a planning authority are required by this direction to notify the Scottish Ministers of their proposals for making or altering a masterplan consent area scheme the period for the purposes of paragraph 12(2) of Schedule 5A of the Act during which the planning authority may not make the proposed scheme or alteration is an indefinite period which ends only when the Scottish Ministers tell the planning authority that it has ended.

General: provision of information

5.—(1) A planning authority may comply with a requirement to provide information to the Scottish Ministers by means of an e-mail to the Scottish Government containing a link, or a series of links, to the relevant pages on the planning authority’s website.

(2) Where representations are to be provided in accordance with paragraph 3(3)(g)—

(a) in the case of ‘pro-forma’ representations only one copy example need be submitted, but all names and addresses must be provided, and

(b) in the case of a petition, a copy of the petition must be submitted, but only the name and address of the organiser or first named should be provided.

Dr Fiona Simpson

Chief Planner & Director of Planning, Architecture and Regeneration

Scottish Government

Schedule

Part 1

Descriptions of development for which proposals to make or alter a masterplan consent area scheme must be notified to Scottish Ministers

1. Development in which planning authorities have an interest

Development—

(a) in respect of which the planning authority have a financial or other (e.g. partnership) interest,

(b) which is to be located on land which is wholly or partly in the ownership of the planning authority or in which the planning authority have an interest,

where the proposed development would be significantly contrary to the development plan.

2. Opencast coal and related minerals

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 of the area to which the masterplan consent area scheme relates is within 500 metres from the edge of an existing community or sensitive establishment.

3. Spaceport related development

Development related to a spaceport.

4. Commercial extraction of Peatland

Development which includes the commercial extraction of peatland.

5. Aerodromes, Technical sites and Military Explosive Storage Areas

Development on land forming the site of, or in the neighbourhood of, an aerodrome, technical site or military storage area.

6. Oil and Gas

Development involving the onshore exploration, appraisal or production of petroleum or crude oil or raw natural gas.

7. Energy from waste

Development for any energy from waste (incineration and advanced thermal treatment such as gasification and pyrolysis) facilities.

Part 2

Events triggering a requirement to notify Scottish Ministers of proposals to make or alter a masterplan consent area scheme

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

Where proposals for making or altering a masterplan consent area scheme have been the subject of consultation with an adjoining planning authority under regulation 4(3)(c) of, and paragraph 9 of the Schedule of the 2024 Regulations, the receipt by the planning authority of representations from that adjoining planning authority which either—

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

(b) recommend 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.

9. Development affecting Trunk Roads and Special Roads

Where proposals for making or altering a masterplan consent area scheme have been the subject of consultation with the Scottish Ministers under Regulation 4(3) (c) and paragraph 6(a) or (b) of the Schedule of the 2024 Regulations, the receipt by the planning authority of representations from the Scottish Ministers (acting through Transport Scotland) which either—

(a) advise against making or altering the proposed masterplan consent area scheme, or

10. Nature Conservation

Where proposals for making or altering a masterplan consent area scheme have been the subject of consultation with NatureScot, the receipt by the planning authority of representations from NatureScot which both—

(a) 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

(b) either—

(i) advise against making or altering the proposed masterplan consent area scheme, or

(ii) recommend 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.

11. Flooding

Where proposals for making or altering a masterplan consent area scheme have been the subject of consultation with the SEPA under Regulation 4(3)(c) and paragraph 1 of the Schedule of the 2024 Regulations, the receipt by the planning authority of representations from SEPA which either—

(a) advise against making or altering the proposed masterplan consent area scheme, or

12. Development in the Vicinity of Major Hazards

Where proposals for making or altering a masterplan consent area scheme have been the subject of consultation with the Health and Safety Executive under regulation 4(3)(c) and paragraph 5 of the Schedule of the 2024 Regulations, the receipt by the planning authority of representations from Health and Safety Executive which either—

(a) advise against making or altering the proposed masterplan consent area scheme, or

13. Development affecting outdoor sports facilities

Where proposals for making or altering a masterplan consent area scheme have been the subject of consultation with sportscotland under regulation 4(3)(c) and paragraph 17 of the Schedule of the 2024 Regulations, the receipt by the planning authority of representations from sportscotland which either—

(a) advise against making or altering the proposed masterplan consent area scheme, or

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

Where proposals for making or altering a masterplan consent area scheme have been the subject of consultation with the Secretary of State and the Scottish Ministers under regulation 4(3)(c) and paragraph 15 of the Schedule of the 2024 Regulations, the receipt by the planning authority of representations from either the Secretary of State or the Scottish Ministers which either—

(a) advise against making or altering the proposed masterplan consent area scheme, or

15. Development affecting Historic Assets or Places

Where proposals for making or altering a masterplan consent area scheme have been the subject of consultation with Historic Environment Scotland under regulation 4(3)(c) and paragraph 18 of the Schedule of the 2024 Regulations, the receipt by the planning authority of representations from Historic Environment Scotland which either—

(a) advise against making or altering the proposed masterplan consent area scheme, or

Contact

Email: DirectorPAR@gov.scot

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