Masterplan Consent Areas - draft regulations: consultation

What?

What types of authorisations can be provided in a MCA scheme?

23. The 1997 Act, section 54B will provide that a MCA scheme can grant authorisation for development specified or of a description specified in the scheme, and that authorisation means planning permission and additionally, if the scheme provides, roads construction consent, listed building consent and conservation area consent.

Section 54B

Scheme grants planning permission, etc.

(1) A masterplan consent area scheme acts as a grant of authorisation for carrying out, within the area to which the scheme relates, development that—

(a) is either—

i) specified in the scheme, or

ii) of a description specified in the scheme, and

(b) is begun before the end of the day on which the scheme ceases to have effect.

(2) Authorisation granted by a scheme is subject to—

(a) any conditions, limitations and exceptions specified in the scheme, and

(b) any regulations made under paragraph 19 of schedule 5A (read with paragraph 20 of that schedule).

(3) In this section, “authorisation” means—

(a) planning permission, and

(b) if the scheme so provides—

i) consent to the construction of a new road or an extension of an existing road for the purposes of section 21(1) of the Roads (Scotland) Act 1984

ii) authorisation for works in relation to a listed building for the purposes of section 6 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997, and

iii) authorisation for works in relation to a building in a conservation area for the purposes of section 66(1) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 and section 6 of that Act as applied by any regulations under section 66(3) of that Act.

What type of development can be authorised by a MCA scheme?

24. Given MCAs are effectively just a different means of granting consent, they are a flexible tool that could support a wide range of scales and types of development needed across the country.

25. They can provide for new development such as new construction and changes to the use of land and buildings, which can contribute towards regeneration of areas. They can also provide authorisation for infrastructure, new roads and streets, energy developments, business development, new homes and services, and conversions to bring empty buildings, including listed buildings back into use.

26. MCAs have significant potential to enable large scale infrastructure projects, including green freeports and development required to support ScotWind.

27. The 1997 Act at Section 54C specifically highlights that MCA schemes can authorise self-build housing.

Section 54C

Content of schemes: self-build housing

(a) A masterplan consent area scheme may, under section 54B(1)(a), specify—

a) development in the form of self-build housing, or

b) a description of development which includes self-build housing.

(2) For the purpose of subsection (1), self-build housing is where an individual commissions or (whether acting alone or with other individuals) is personally involved in the design and construction of a dwelling that is intended to be the individual’s main residence once it is built.

(3) Nothing in this section is to be construed as limiting the development or a description of development that may be specified under section 54B(1)(a).

Excluding kinds of development from schemes

28. Paragraph 19 of new Schedule 5A gives the Scottish Ministers the power to make regulations setting out the kinds of development that schemes may not grant authorisation for.

29. Restrictions could be in relation to the type of development or development being on land or a type of land that is specified. However those types of restriction are, as set out in subparagraph 19(3), not exhaustive and not to be seen as the only ways in which development can be restricted in the regulations.

30. This power will allow Scottish Ministers to respond to future developments, for example, if there is a desire to exclude particular new types of development or technologies that might emerge, or development on land subject to new designations.

31. At this time we do not consider it necessary to exclude any form of development from having potential to be within a MCA. There are other ways to control development, such as by attaching conditions to individual schemes to control impacts. There is also the scope for Ministerial scrutiny of MCAs through the notification route/call-in option.

Question 2:

A) We are not proposing to regulate to exclude any form of development from having potential to be within a MCA. To what extent do you agree with this approach?

a) Strongly Agree b) Agree c) Neutral d) Disagree e) Strongly Disagree

B) Please explain your view.