The Town and Country Planning (Masterplan Consent Areas) (Scotland) Regulations 2024 and The Masterplan Consent Area Scheme (Environmental Impact Assessment) (Scotland) Regulations 2024: impact assessments

Child Rights and Wellbeing Impact Assessment for (CRWIA)

Screening Stage 1 – Screening

Disclaimer

This draft document is an initial assessment of The Town and Country Planning (Masterplan Consent Areas) (Scotland) Regulations 2024 and The Masterplan Consent Area Scheme (Environmental Impact Assessment) (Scotland) Regulations 2024 and Scottish Government will continue to review and update this document where required during the parliamentary process. Any future iterations will reflect an increased understanding of these impacts as the amount of data and research available continues to grow.

This impact assessment screening should be read in conjunction with the screenings undertaken for the Equality Impact Assessment and the Fairer Scotland Duty Assessment.

1. Brief Summary

• The Town and Country Planning (Masterplan Consent Areas) (Scotland) Regulations 2024
• The Masterplan Consent Area Scheme (Environmental Impact Assessment) (Scotland) Regulations 2024

The Planning (Scotland) Act 2019 introduces Masterplan Consent Areas (MCAs) as a new upfront consenting mechanism. Planning authorities will be able to use MCAs as part of a proactive, place-making approach to planning and consenting – enabling the type of development they wish to come forward in their places. MCAs would effectively enable planning authorities to grant up-front consent for planned development, offering benefits to potential investors in terms of certainty and removing much of the risk.

The Act provides that the planning authority would prepare a MCA 'scheme', with scope to give a range of types of consent, including planning permission, plus roads construction consent, listed building consent and conservation area consent – where provided for in the particular MCA scheme. Development that is in line with the MCA scheme could be brought forward without the need to apply for permission.

The Regulations provide additional procedural detail around the requirements

set out in 2019 Act for preparing MCAs across Scotland. The further detail in the Regulations is based on the broad principles that were outlined within the 2019 Act, which were subject to CRWIA.

The Environmental Impact Assessment (EIA) Regulations will mirror the provisions within The Town and Country Planning (Environmental Impact Assessment) Regulations 2017, and ensure MCAs and EIA are compatible.

Start date of relevant proposal: 31/07/2023*

Start date of CRWIA process: 31/07/2023*

*Date work started on preparing secondary legislation

2. Which aspects of the relevant proposal currently affects or will affect children and young people up to the age of 18?

We consider that any aspects affecting children and young people up to the age of 18 have been covered by a CRWIA was previously undertaken to support the Planning (Scotland) Bill (which introduced MCAs). It found that the provisions for enhanced engagement in planning, including the requirement to use methods that will secure the engagement of children and young people in the process, will have a positive and direct impact. Therefore, these regulations which provide further procedural detail to the overall framework for making a MCA scheme as set out in the Act, do not make further provisions which would impact on the rights of children and young people further than those described and implemented in the 2019 Act and assessed in the CRWIA for the Act.

3. Which groups of children and young people are currently or will be affected by the relevant proposal?

We consider that any aspects affecting groups of children or young people have been covered by a CRWIA was previously undertaken to support the Planning (Scotland) Bill. It also found that the provisions for enhanced engagement, will have a positive and direct impact. These are technical procedural regulations and will not have a direct impact on children and young people.

Declaration

4. Is a Stage 2 Children's Rights and Wellbeing Impact Assessment required?

CRWIA required ☐

CRWIA not required ☒

Explanation why CRWIA is not required:

A CRWIA was previously undertaken to support the Planning (Scotland) Bill (which introduced MCAs), and we do not consider that a further CRWIA is required for these regulations as theyjust provide further procedural detail to the overall framework for making a MCA scheme as set out in the Act.

5. Sign & Date

Policy Lead Signature

Adam Henry

& Date of Sign Off:

14 /11/2023

Deputy Director Signature

Fiona Simpson

& Date of Sign Off:

15 /11/2023