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

Fairer Scotland Duty (FSD)

Title of policy, strategy or programme

The Town and Country Planning (Masterplan Consent Areas) (Scotland) Regulations 2024

The Masterplan Consent Area Scheme (Environmental Impact Assessment) (Scotland) Regulations 2024

Summary of aims and expected outcomes of strategy, proposal, programme or policy

The aim is to implement the provisions in the Planning (Scotland) Act 2019 on the procedures to cover Masterplan Consent Areas (MCAs).

The Planning (Scotland) Act 2019 introduces 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 are a flexible tool and could support a range of scales and types of development from small scale changes, up to major new developments. 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. MCAs could support local priorities such as regeneration and town centre revitalisation.

The Act provides 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.

Summary of evidence

There is clear evidence of socio-economic disadvantage and inequalities of outcome being linked to where people live and work. Many of these issues are complex and there are more targeted policy areas that will tackle them specifically. However, it is reasonable to assume that the planning system has a role in the way these inequalities impact on communities.

Although the MCAs procedures will not focus specifically on socio-economic disadvantage and inequalities, the implementation of MCAs will be able to support local priorities, by providing upfront approvals for development that has been subject to community consultation and so supporting investment in those planned developments where people live and work.

The MCA approach is about being more upfront, with the Council engaging the community in the preparation of the masterplan and scheme for an area, rather than the community having to react to potentially multiple applications and for different types of consents. MCAs should allow for a more joined up approach, making it easier for local communities to have their views heard.

Summary of assessment findings

The planning system should support decisions that improve equality and help to eliminate discrimination, with a fairer, more inclusive and equalities based approach to planning in the future. MCAs will not hinder that approach.

MCAs have the potential to unlock significant areas for housing development and also support wider objectives including business development and town centre renewal. MCAs will allow planning authorities to plan; front-loading consideration of design, infrastructure and environmental matters at an earlier stage in the planning process and so placing authorities in a position of leading the planning of high quality places, rather than reacting to applications put before them.

MCAs can support the delivery of LDP spatial strategies and particular local priorities, by providing upfront consent for development that has been subject to community consultation and so supporting investment in those planned developments.

Sign off

Name: Fiona Simpson

Job title: Chief Planner

Date 15/11/2023