MyEDC

    Technical Notes 2024, Issue 103 - Duty to Periodically Consider Making a Masterplan Consent Area Scheme

    • Report by:

      Ann Davie, Chief Executive

    • TN Number:

      103-24

    • Subject:

      Duty to Periodically Consider Making a Masterplan Consent Area Scheme

    • Responsible Officer:

      Heather Holland, Chief Planning Officer Executive Officer - Land Planning & Development

    • Publication:

      This Technical Note will be published on the Council’s website following circulation to Members. Its contents may be disclosed or shared outwith the Council.

    Section

    1. The Planning (Scotland) Act 2019 introduced Masterplan Consent Areas (MCAs) as a new proactive consenting mechanism.
       
    2. Planning authorities will in future be able to use Masterplan Consent Area schemes as part of a placemaking approach to planning and consenting new development.  It is a new way for Council’s to shape development in their area, enabling the type and quality of development the authority wishes to come forward through a consenting masterplan, and to support delivery of development that can support local needs, priorities and outcomes.
       
    3. Unlike planning applications which are typically led by a developer, the preparation of MCA schemes will be led by the planning authority but can be taken forward through collaboration.
       
    4. The new provisions will allow planning authorities to prepare a MCA ‘Scheme’ setting out for particular places, the detail of what they are giving consent for, through the MCA scheme.  There will be requirements for publicity and consultation on individual schemes.
       
    5. MCA schemes can streamline consent, allowing issues to be considered as part of a joined-up approach, they can grant:
    • planning permission,
    • roads construction consent,
    • listed building consent, and
    • conservation area consent.
    1. Within adopted MCA areas, development could be brought forward without the need for a full application as long as it is in line with the agreed scheme.
       
    2. More details about Masterplan Consent Areas are available in the Consultation Paper on the draft MCA Regulations [opens in a new window]– the Scottish Government’s consultation closed on 22 May 2024.  The Council response to the consultation was agreed at PNCA Committee on 23 May 2024 (Report Ref. PNCA/018/24/SM [opens in a new window].

    Consideration of the Duty to periodically consider making MCA schemes

    1. Part 2 of the 2019 Act (Section 15) [opens in a new window] sets out the legal framework for preparing MCAs.  The full provisions from the Act relating to MCAs and the associated regulations are not yet in force.  It is currently anticipated that the MCA provisions will be fully in place later in 2024.
       
    2. However, Schedule 5A Paragraph 5 {opens in a new window[ is in force and requires planning authorities to consider whether it would be desirable to make a scheme for a part or parts of their district, and to publish a statement as to their consideration of that, by 24 July 2024.
       
    3. As the MCA regulations are not yet in place, and given that the preparation of LDP3 is still in the early stages, officers have not yet identified or assessed potential locations for which it may be desirable to bring forward a MCA scheme.  A statement to this effect will be posted on the Council’s website by 24 July 2024 to satisfy Schedule 5A of the 2019 Act.  Officers intend to reconsider this once the legal basis for preparing MCAs is in place and after the Gate Check process has been completed.