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

Strategic Environmental Assessment (SEA)

SEA Pre-Screening Document

Responsible Authority:

Scottish Government

Title of the plan:

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

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

What prompted the plan:

(e.g. a legislative, regulatory or administrative provision)

The Planning (Scotland) Act 2019 sets out an integrated package of proposed improvements to the planning system.

Plan subject:

(e.g. transport)

Town & country planning.

Brief summary of the plan:

(including the area or location to which the plan related)

The Regulations provide additional procedural detail around the requirements set out in Planning (Scotland) Act 2019 for preparing Masterplan Consent Areas across Scotland. The further detail in the Regulations is based on the broad principles that were outlined within the 2019 Act, and which was subject to Strategic Environmental Assessment (SEA).

These additions set out in Regulations would not be expected to have environmental effects in their own right as they are more administrative in nature, covering the preparation process and assessment process of what has already been outlined in the 2019 Act.

The EIA Regulations mirror the provisions within The Town and Country Planning (Environmental Impact Assessment) Regulations 2017, which have already been assessed and established.

Brief summary of the likely environmental consequences:

(including whether it has been determined that the plan is likely to have no or minimum effects, either directly or indirectly)

As the Planning (Scotland) Act 2019 was subject to SEA and the principles of Masterplan Consent Areas, it is our view the environmental impact of Masterplan Consent Areas has already been determined. The additional level of detail contained in the new Regulations has therefore no or minimal environmental effects beyond those that were already established by the assessment of the 2019 Act.

Brief summary of how environmental principles have been considered:

(including whether any of the guiding principles, as set out in section 13 of the Continuity Act, are relevant to the plan)

The environmental principles are imbedded within SEA, ensuring relevant plans and programmes that are subject to SEA consider how best to avoid environmental damage and if damage does occur it is addressed. As the 2019 Act was subject to SEA the environmental principles would have been considered within this assessment. As the new Regulations have no or minimal environmental effects in their own right it is our view the original assessment ensures the principles are embedded in the proposed regulations.

Contact details:

Adam Henry, Senior Planner,

Planning, Architecture and Regeneration Division, Scottish Government

adam.henry@gov.scot

Date of opinion:

20 October 2023

When completed send to: SEA.gateway@scotland.gsi.gov.uk">SEA.gateway@scotland.gsi.gov.uk or to SEA Gateway, Scottish Government, Area 2H (South), Victoria Quay, Edinburgh, EH6 6QQ