Masterplan Consent Areas - draft regulations: consultation

Section 15 of Planning (Scotland) Act 2019

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

The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017

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

The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013.

Sections 21, 22 and 23 of the Roads (Scotland) Act 1984.

Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (legislation.gov.uk)

The Planning (Listed Building Consent and Conservation Area Consent Procedure) (Scotland) Regulations 2015 (legislation.gov.uk)

Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (legislation.gov.uk)

The Planning (Listed Building Consent and Conservation Area Consent Procedure) (Scotland) Regulations 2015 (legislation.gov.uk)

Where the MCA scheme may include national or major developments the planning authority must hold at least two public events where members of the public may make comments to the authority on the proposed scheme

(Draft Reg 3)

N/A

Where the development belongs to the categories of national development or major development, the prospective applicant must, amongst other things, hold at least two public events where members of the public may make comments to the prospective applicant on the proposed development.

N/A

N/A

N/A

The planning authority must send a notice

“where there are premises situated on neighbouring land to which the notice can be sent, to the owner, lessee or occupier of those premises”

(Draft Reg 4 (3))

Notice is to be sent to premises on "neighbouring land"

(Draft Reg 10)

Notice is to be sent by the planning authority to premises on "neighbouring land"

Neighbouring land defined within DMR as

"an area or plot of land (other than land forming part of a road) which, or part of which, is conterminous with or within 20 metres of the boundary of the land for which the development is proposed"

The developer is required to notify any person who owns land which fronts, abuts or is comprehended in the new roads, or which lies within 50m of the road for which Road Construction Consent is being sought.

N/A

N/A

The planning authority must send a notice

“to any person (other than the planning authority) who is an owner of land to which the proposed masterplan consent area scheme relates”

(Draft Reg 4 (3))

(Requirement to notify landowners within Draft MCA Regs)

The applicant must send notice to any person (other than the applicant) who is an owner or agricultural tenant of the proposal site.

The developer is required to notify any person who owns land which fronts, abuts or is comprehended in the new roads, or which lies within 50m of the road for which Road Construction Consent is being sought

The applicant must send notice to any person (other than the applicant) who is owner of the building to which the application relates.

The applicant must send notice to any person (other than the applicant) who is owner of the building to which the application relates.

Authorities would share details of the MCA scheme and any engagement events on the internet.

(Draft Reg 3 (3))

The EIA report and proposed MCA scheme should be published online

(Draft Reg (11) (4) (b) (i))

Electronic means can be used by the prospective applicant as part of the requirement to make further information available to the public on proposals, and details of this must be included in the required newspaper notices.

Planning Authorities are required to hold a public register (Section 36(1) of the 1997 Act, DMR regulation 16 and Schedule 2) and place application related information on their websites (DMR 2013 Regulations 21-22)

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Advert required in Edinburgh Gazette and local newspaper

(Draft Reg 11 (3))

As part of the pre-application consultation, the prospective applicant must publish newspaper notices which include details of the proposal and any engagement. (DMR 2013, Reg 7)

When an application is submitted, certain applications may require newspaper notices (DMR 2013, regulation 20)

N/A

Advert required in Edinburgh Gazette and local newspaper

Advert required in Edinburgh Gazette and local newspaper

N/A

N/A

Only certain Minerals applications require site notices during the application process (DMR 2013 – regulation 19)

N/A

Site notice required to be displayed on or near the building for not less than 7 days.

Site notice required to be displayed on or near the building for not less than 7 days.

A planning register containing information relating to every masterplan consent area application information must be held by the planning authority

Draft Reg 9

Copy of the EIA report and the proposed masterplan consent area scheme would be available for inspection at an office of the planning authority.

(Draft Reg (11) (4) (b) (ii))

A planning register containing application information must be kept for public inspection in the planning authority office – Section 36(1) of the 1997 Act, DMR regulation 16 and Schedule 2)

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Sets a 30 day minimum period for representations.

(Draft Reg 4 (5))

A date not earlier than 30 days after the date on which the copy of the EIA report was sent/notice published

(Draft Reg 12 (1) (b)

Sets a 21 day minimum period from issue of neighbour notification (minimum 14 days from publication of any required newspaper notice) for representations.

Any person who has been notified in this way has 28 days to make written representation

Sets a 21 day minimum period for representations.

Sets a 21 day minimum period for representations.

To persons, authorities and bodies in accordance with schedule 1

• SEPA
• NatureScot
• HSE
• Office for Nuclear Regulation
• Community council,
• Coal Authority
• Any adjoining planning authority,
• Network Rail Infrastructure Limited
• The roads authority
• The Theatres Trust
• Scottish Water
• A district salmon fishery board
• The Scottish Ministers
• The Crofting Commission
• Sportscotland
• HES

(Draft Reg 4 (3) (c))

• Any adjoining planning authority, where the proposed development is likely to affect land in their area,
• NatureScot
• Scottish Water,
• SEPA
• HES

(Draft Reg 2)

Health and Safety Executive where it would be required to be consulted under paragraph 3 or 4 of schedule 5 of the DMR,

Office for Nuclear Regulation where it would be required to be consulted under paragraph 3A of schedule 5 of the DMR.

Any other public body which the planning authority considers are likely to have an interest in the proposed development by reason of their specific environmental responsibilities or local and regional competencies

(Draft Reg 8 (2))

Schedule 5 of DMR 2013 plus any directions requiring consultation on planning applications, e.g. in relation to NatureScot and proposals in National Scenic Areas and relevant bodies in relation to ‘safeguarded areas’, such as those around aerodromes. Also Nature Scot in regard to Conservation (Natural Habitats & c.) Regulations 1994

Such persons, if any, as the authority may, for the purposes of the application, specify.

HES

HES

National developments

Draft Reg 5 (1)

N/A

National developments

Major developments which are significantly contrary to the development plan.

RCC

N/A

N/A

Interested parties

In this regulation “interested party” means any person from whom the planning authority received representations.

(Draft Reg 5(3))

N/A

The applicant and those who submitted representations

Before granting the consent subject to a condition or refusing consent, the authority shall allow the person applying for the consent an opportunity to be heard by them as regards his application.

N/A

N/A

Ministers intend to issue a Direction, to accompany the MCA regulations coming into force, that requires that MCA schemes should be notified to Ministers in the same circumstances as planning applications

N/A – any notified any MCA scheme would be expect to provide relevant EIA documentation to Ministers.

In line with triggers in the Town And Country Planning (Notification Of Applications) (Scotland) Direction 2009.

• Development in which planning authorities have an interest
• Objection by government agency

As in specific Directions issued

• Opencast coal and related mineral
• historic battlefields
• unconventional oil and gas
• conventional Oil and Gas
• neighbouring authorities
• spaceport notifications
• commercial peatland notifications
• energy from waste
• safeguarded aerodromes technical sites and military explosives storage areas
• electricity generation, transmission or distribution developments

N/A

N/A

N/A

A scheme may not specify as the date on which it ceases to have effect a date that falls more than 10 years after it comes into effect

N/A

Development must be begun within three years from the date of grant of permission or such other period as the planning decision-maker may specify when granting permission. For planning permission in principle, the period is five years.

It shall be a condition of any construction consent that the construction be completed within such period, being a period of not less than three years from the date on which the consent is given, as the local roads authority may specify in writing in the consent; but the authority may subsequently by notice extend the period so specified.

Generally three years

Generally three years

Alterations of a MCA scheme

(Draft Reg 8)

Alterations of a MCA scheme

(Draft Reg 24)

Section 64 of the 1997 Act allows a planning authority to agree non-material variations to a planning permission. Section 65 allows a planning authority to modify or revoke a planning permission through an order process. Otherwise changes to planning permission would need another application for planning permission – including such an application under section 42 of the 1997 Act where a new permission for the development but with different conditions was sought.

Should the Developer, for any reason, wish to depart from the construction or layout details for which Construction Consent has been granted, he must first seek the approval of the Local Roads Authority Representative for the amendment – for which there is a charge. Major changes may require the submission of a new application for Construction Consent.

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