Masterplan Consent Areas - draft regulations: consultation
This consultation relates to proposed regulations on the procedures to prepare Masterplan Consent Areas (MCA). It sets out the proposed procedures and includes two sets of regulations: covering the main process for making MCA schemes and relating to environmental impact assessment.
How?
The process of making a MCA scheme
40. The principle behind the MCA process, in terms of it giving consent, is akin to other consenting. Therefore, in developing the proposed provisions in the draft regulations, we have looked at the procedures for the different consents a MCA scheme can include. More detail on that comparison is available in Annex C. We have sought to align with requirements for:
- planning applications - set out in the 1997 Act and The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 (the DMR)
- roads construction consent (RCC) - set out in the Roads (Scotland) Act 1984; and
- listed building consent, and conservation area consent - set out in the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 and The Planning (Listed Building Consent and Conservation Area Consent Procedure) (Scotland) Regulations 2015
41. The draft regulations seek to provide an aligned approach for different consents. This is not about cutting corners nor removing due process. Where there are differences in requirements across the different consent processes, for example the number of days for representations, we adopted the longest period and where one regime had an additional requirement, we have sought to include that in the MCA process.
42. In particular the proposed MCA Scheme (EIA) Regulations have been developed alongside the main MCA regulations to provide an integrated process and ensure environmental assessment principles are followed, as shown in Figure 1. More details are provided under the Environmental Impact Assessment heading.
Preparation of Masterplan Consent Area scheme
The preparation of a MCA scheme and a MCA scheme which requires an Environmental Impact Assessment consist of the stages below.
MCA Scheme
The preparation stages of a MCA scheme occur in the following order:
Project initiation
Evidence gathering to include:
- Site survey
- Analysis / constraints
- Baseline information
Prepare Proposed scheme
Early engagement events (x2) to consult on possible proposals [Draft MCAs Reg 3].
Drafting / developing the masterplan must include:
- A map to specify the area the scheme covers
- Written statement to specify the development or descriptions of development which the scheme grants authorisation for
- Any diagrams, illustrations, descriptive matters, the planning authority thinks appropriate
- Any conditions, limitations (including reasons)
[Act : Schedule 5A para s 1,2 & 7 and Draft MCAs Reg 6]
Consultation
Publicity and Consultation on proposed MCA. Publicity to consist of:
- Neighbour Notification
- Adverts
There will then be a 30 day period for representations to be submitted
Statutory consultees will be sent the proposed scheme for comment
[Act : Schedule 5A para 9 & Draft MCAs Reg 4]
Finalise scheme
Consider representations [Act : Schedule 5A para 10]
Finalise scheme and conditions
Decision making/ notifications
Pre-determination hearing if required (national developments)
[Act : Schedule 5A para 11 & Draft MCAs Reg 5]
Notification to Ministers if required
[[Act : Schedule 5A para 12 & Notification Direction]
‘Make’ the scheme
‘make’ the Scheme (may be referred to as adopting the scheme)
[Act : Schedule 5A para 7(2)]
Publicise
Notify decision to Scottish Ministers in certain circumstances
Publicise ‘made’ MCA scheme in local newspaper and on internet
Put the MCA scheme on a register kept by the planning authority
[Draft MCA Regs: 7 & 9]
Environmental Impact Assessment
The preparation stages of a MCA scheme which requires an Environmental Impact Assessment (EIA) occur in the following order, and would be undertaken in parallel with the according stages relating to the preparation of the MCA scheme, where required:
Project initiation
Screening EIA
The council issue screening opinion indicating if EIA required
[Draft MCA / EIA Regs 6-7]
It is expected that planning authorities will consider EIA screening as part of the project initiation of the MCA scheme. Where it is determined that an EIA is not required the subsequent stages in the EIA process do not have to be followed.
Prepare Proposed scheme
Scoping an EIA
If EIA required, ask Council for a scoping opinion advising what should be included in an EIA
[Draft MCA / EIA Reg 8]
Consideration
Preparation of EIA Report - consult with bodies for any information relevant to the preparation of the EIA Report
[Draft MCA / EIA Reg 9]
Consultation
Publicity and Consultation
Publication of EIA Report to consist of:
- Neighbour notification
- Notice published in the Edinburgh Gazette, local newspaper and on planning authority website
- Available for inspection in office of the planning authority
[Draft MCA / EIA Regs 10-11]
Statutory consultation
There will then be a 30 day period for representations to be submitted
[Draft MCA / EIA 12]
Finalise scheme
Review, evaluation & decision making
Additional information and evidence may require to be submitted before a decision can be made
[Draft MCA / EIA 16-17]
Decision making/ notifications
Scottish Ministers can ‘call in’ MCA Scheme in certain circumstances to make a decision
Provide Scottish Ministers with copy of EIA Report
[Draft MCA / EIA Reg 13]
Publicise
EIA available for inspection
Inform the public of the decision by publishing a notice on the planning authority website or in a local newspaper
Decision Notice to include information about the scheme
[Draft MCA / EIA Regs 18, 19 & 21]
Screening Direction
Scottish Ministers may make a screening direction either at their own volition or if requested to be any person.
[Draft MCA/EIA Reg 7 (4-6)]
Documents to be made available on the Register as issued eg Screening / Scoping Opinion/Direction
[Draft MCA/EIA Reg 18]
Project Initiation
Team / Governance / Collaborative Working
43. This is a vital first step, to give the MCA a firm foundation. It is not appropriate to regulate on how planning authorities and any partners initiate the project to develop an MCA, but we would expect authorities will put together an appropriate team. This may consider suitable project management structures and internal processes, including consideration of risks. The process of masterplanning may involve local authorities working together corporately or project teams being set up to work in a coordinated manner; particularly in terms of planning, roads and transport.
44. Planning authorities may also wish to work closely with potential developers and investors to understand market aspirations and aspects around feasibility. In some cases, a partnership approach could be taken forward with a development partner(s) who may provide resources to carry out some of the work for example around site investigations or masterplanning and design.
45. Planning authorities may wish to engage with key agencies early on for advice about the particular location they are considering bringing a MCA forward for, and to explore any potential issues or wider considerations for the masterplan. This is also an opportunity to establish links and processes with statutory consultees around putting the scheme in place, and around compliance checks on any conditions.
46. In particular, where it is being considered that the MCA scheme may give listed building and / or conservation area consent, planning authorities are encouraged to contact HES’ Designations team early on. As conservation area consent is in relation to demolition, it will be vital to consider the tests for demolition early on, as further steps may need to be taken well in advance for example around advertising/marketing the property for 6 months.
Understanding the site/area
47. Good design depends on thoroughly understanding the site and its context. It will be important to put effort into this early evidence gathering stage, and to collate relevant baseline information.
48. Planning authorities would be expected to analyse the site/area, which may include a site survey and ground investigations. This is likely to consider constraints and opportunities and any special features. It should take an infrastructure first approach. In most cases there will be a need to assess its physical/environmental characteristics, social factors and economic needs. Further advice around considering context, identity and connections is available in Planning Advice Note 83: Masterplanning, and within other tools such as the Place Standard Design Version.
49. Planning authorities may also wish to engage early on with infrastructure providers, utility companies, and local communities and groups.
Prepare proposed scheme
Consultation on possible proposals for a masterplan consent area scheme
50. The 1997 Act includes a requirement for planning authorities to consult on possible proposals for a MCA scheme. Paragraph 8(2) of new Schedule 5A requires that Ministers must regulate on the consultation requirements for possible proposals for MCA schemes.
“8 (1) Before publicising, in accordance with paragraph 9, proposals for making or altering a scheme, a planning authority must—
a) comply with any requirements as to consultation prescribed in regulations under this paragraph, and
b) have regard to any valid representations received from anyone consulted in compliance with those requirements.
51. Draft Regulation 3(6) proposes that this applies where the planning authority considers that its proposals for a MCA scheme may include national or major developments. In such circumstances the planning authority must hold two public events. This is an equivalent requirement to pre-application consultation (PAC) which applies to applications for planning permission for national and major developments. Details of the legislative requirements are covered in both the 1997 Act and the proposed Draft Regulations, as set out in the table below. Draft regulation 3 is in some respects similar to the PAC requirements set out in Reg 7 of the DMR.
Schedule 5A Paragraph 8(2) Requirements Ministers are to prescribe |
Proposed Requirements within draft Regulation 3 |
|---|---|
(a) who a planning authority must consult before determining the content of any proposals which may be publicised |
Draft Regulation 3(4) requires the planning authority to send a notice containing that information to the community council, if any, for an area in respect of which the planning authority are considering making a masterplan consent area scheme. |
(b) how that consultation is to be undertaken |
Notice Draft Regulation 3(3) requires that the planning authority must publish on the internet— (a) a map showing the area in respect of which the planning authority are considering making a masterplan consent area scheme, and (b) a notice containing the information specified in paragraph (5). (5) The information is— (a) a description in general terms of the development in respect of which the planning authority are considering the formulation of proposals for a masterplan consent area scheme, (b) a description of the area in respect of which the planning authority are considering making a masterplan consent area scheme and a statement that that a map showing that area is to be published on the internet under paragraph (3)(a), (c) information as to how, to whom and by what date representations may be made in respect of proposals to make a masterplan consent area scheme, (d) the date and place of the public events. Events
|
(c) how representations to the planning authority must be made by anyone consulted if they are to be treated as valid representations |
Draft Reg 3 (9) For a representation to be treated as valid for the purposes of paragraph 8(1)(b) of new schedule 5A it must be made on or before the date specified in the notice in accordance with paragraph (5)(c). The requirement for publicising and inviting representations is similar to the consultation requirements for planning applications under The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013. |
Question 5:
A) Draft Regulation 3(4) specifies that planning authorities must consult with community councils before determining the content of any MCA proposals which may be publicised. To what extent do you agree with this?
a) Strongly Agree b) Agree c) Neutral d) Disagree e) Strongly Disagree
B) Please explain your view.
Question 6:
A) Draft Regulation 3 provides how consultation for possible proposals for a MCA scheme is to be undertaken, including notification and the requirement to undertake two public events, with opportunity to make comments to the planning authority. 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.
MCA schemes form and content
52. There is already significant detail on the form and content and schemes in the Act, as shown in the table below. The Act provides at new Schedule 5A, paragraph 1(3) that the Scottish Ministers may by regulations prescribe further information that must be included in a scheme. However, we do not consider it necessary to add a lot of further prescription in regulations at this stage.
1 (1) A scheme is to consist of—
a) a map,
b) a written statement, and
c) such diagrams, illustrations and other descriptive matter as the relevant planning authority think appropriate for explaining or illustrating the scheme's provisions.
(2) A scheme must specify—
a) the area to which the scheme relates,
b) the development, or descriptions of development, for which the scheme grants authorisation,
c) the date on which the scheme comes into effect,
d) the date on which the scheme ceases to have effect.
(4) 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.
53. Draft Regulation 6 sets out that MCA schemes must provide reasons for any conditions, limitations or exceptions that are included in the scheme. This is in the interests of transparency and to reflect the requirement for reasons attached to planning application consents.
54. Guidance could reflect good practice, in terms of other aspects planning authorities may consider including in their MCA schemes. This could suggest the inclusion of informatives or annexes in the MCA schemes directing developers to other consents that may be required e.g. Advertisements, Building Standards Warrant or Hazardous Substances Consent. As noted above (para 48) advice on masterplanning is provided through other Scottish Government policies, advice and tools, so it is not our intention to repeat that for MCAs.
Question 7:
A) To what extent do you agree that the regulations should require reasons for conditions to be set out in the MCA scheme?
a) Strongly Agree b) Agree c) Neutral d) Disagree e) Strongly Disagree
B) Please explain your view.
Question 8:
Are there any further aspects you consider should be required to be included in a MCA scheme? Please specify and explain why.
Consultation on proposals for a masterplan consent area scheme
55. While there is no requirement specified within the Act to regulate on the consultation requirements of a proposed MCA scheme, it is considered necessary to include regulation on this to provide clarity and consistency.
Consultation Component |
Proposed Requirements within draft Regulation 4 |
|---|---|
Who a planning authority must notify about the proposed MCA scheme |
Draft Regulation 4(3) requires the planning authority to send a notice to (a) any person (other than the planning authority) who is an owner of land to which the proposed masterplan consent area scheme relates, (b) where there are premises situated on neighbouring land to which the notice can be sent, to the owner, lessee or occupier of those premises, (c) to persons, authorities and bodies in accordance with schedule 1. (the list of consultees in Schedule 1 is similar to the consultee list for planning applications, set out within Schedule 5 of The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013)) Draft Regulation 4(6) provides that a notice required to be sent to the owner, lessee or occupier of premises under paragraph (3)(b) may be sent by sending the notice to the premises addressed to “the Owner, Lessee or Occupier”. |
How that consultation is to be undertaken |
Draft Regulation 4(2) requires that the planning authority must publish on the internet— (a) a copy of the proposed masterplan consent area scheme, (b) a notice containing the information specified in paragraph (4). Draft Regulation 4(4) The information is— (a) a statement that the proposed masterplan consent area scheme has been prepared and how it may be inspected, (b) a brief description of the content and purpose of the proposed masterplan consent area scheme, (c) details of how further information may be obtained regarding the proposed masterplan consent area scheme, including that it is to be published on the internet under paragraph (2)(a), (d) a statement that any person wishing to do so may make representations on the content of the proposed masterplan consent area scheme before the end of the period for representations, and (e) information as to how and to whom any representations should be made including information stating when the period for representations expires. |
Question 9:
A) Draft Regulation 4(3) and Schedule 1 of the draft MCA Regulations specify those who a planning authority must consult with before determining the content of any MCA proposals which may be publicised. To what extent do you agree with these groups?
a) Strongly Agree b) Agree c) Neutral d) Disagree e) Strongly Disagree
B) Please explain your view.
Question 10:
A) Draft Regulation 4(2) provides how consultation in relation to a MCA scheme is to be undertaken. 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.
Publicity for proposals
56. The Act, at paragraph 9 of new Schedule 5A , requires that before making or altering a MCA scheme, the planning authority must –
(a) comply with the requirements for publicising, and inviting representations in relation to, their proposal for making or altering the scheme, and
(b) wait until the period for representations has expired.
Publicity requirements |
Draft Regulation 4 |
|---|---|
Schedule 5A, paragraph 9(2) (2)The Scottish Ministers are to prescribe by regulations— a) the requirements for publicising and inviting representations in relation to proposals for making or altering a scheme, and b) the period for representations. |
Draft regulation 4(5) provides that (5) The period for representations for the purposes of paragraph 9 of schedule 5A of the Act is the period of 30 days beginning with the date on which notice is, as the case may be, published under paragraph ((2)(b) or sent under paragraph (3). In terms of the period for representations, under the SPZ Regulations (Regulation 5 (1)) there is a 6 week period. The period for representations on planning applications under the DMR is to be specified by the planning authority but must be not less than 21 days. We are intending to make the period for MCA schemes 30 days as this is the period allowed for representations in relation to EIA applications. |
Question 11:
A) Draft Regulation 4(5) sets a 30 day period for representations if they are to be treated as valid representations. To what extent do you agree with this period?
a) Strongly Agree b) Agree c) Neutral d) Disagree e) Strongly Disagree
B) Please explain your view.
Finalise scheme
Consideration of representations
57. Paragraph 10 of new Schedule 5A, requires the planning authority to consider valid representations before making or altering a MCA Scheme.
10(1) Where a planning authority have received validly submitted representations in relation to their proposals for making or altering a scheme, they may not make the proposed scheme or alteration (whether in the terms proposed or otherwise) until they have considered the representations.
(2 ) For the purpose of this paragraph, representations are validly submitted if—
a) they are submitted within the period for representations prescribed under paragraph 9(2), and
b) they comply with any requirements prescribed by the Scottish Ministers in regulations under this sub-paragraph about how representations must be submitted.
Hearings
58. Paragraph 11 of new Schedule 5A provides that Scottish Ministers may set out the details of which persons should be given the opportunity of a hearing before a committee of the authority before a MCA scheme is made, and in what circumstances.
Requirement to hold hearings
11(1) The Scottish Ministers may by regulations prescribe circumstances in which, to fulfil the requirement under paragraph 10(1), a planning authority must give a person of a description prescribed in the regulations an opportunity to appear before and be heard by a committee of the authority.
(2) The requirement under paragraph 10(1) for a planning authority to consider representations includes any representations made at a hearing required by regulations under sub-paragraph (1).
(3) Each planning authority is to make such rules as they consider appropriate in relation to—
a) the procedures in accordance with which any hearing required by regulations under sub-paragraph (1) is arranged and conducted (including, without prejudice to the generality of this sub-paragraph, procedures for ensuring relevance and avoiding repetition),
b) any other procedures consequent upon such a hearing,
c) any right of attendance at such a hearing (other than for the purpose of appearing before, and being heard by, a committee).
(4) Any requirement to hold hearings created by regulations under sub-paragraph (1) is subject to paragraph 14(3)(b).
59. Draft Regulation 5(1) sets out that the circumstances in which a planning authority must hold a hearing under paragraph 11(1) of schedule 5A of the Act are that the proposed masterplan consent area scheme would authorise development belonging to the category of national developments (as designated in the National Planning Framework).
60. Draft Regulation 5(2) provides that an ‘interested party’ must be given an opportunity to appear before and be heard by a committee of the planning authority. Draft Regulation 5(3) defines an interested party as a person from whom the planning authority received representations (which were not subsequently withdrawn) in response to a notice published or sent in accordance with regulation 4 in connection with the proposed masterplan consent area scheme.
Question 12:
A) To what extent do you agree with the required circumstances, i.e. that where the scheme would authorise a national development, that there be a requirement for a hearing, as set out within Draft Regulation 5(1)?
a) Strongly Agree b) Agree c) Neutral d) Disagree e) Strongly Disagree
B) Please explain your view.
Question 13:
A) To what extent do you agree with the proposals for those who must be given an opportunity to appear before and be heard by a committee of the planning authority at a hearing as set out within Draft Regulations 5(2) and (3)?
a) Strongly Agree b) Agree c) Neutral d) Disagree e) Strongly Disagree
B) Please explain your view
Decision making/notification
Requirement to notify the Scottish Ministers of certain proposals
61. Paragraph 12(1) and (3) of new Schedule 5A includes notification powers to Scottish Ministers to provide proportionate checks and scrutiny of particular schemes, prior to them being made. It allows the Scottish Ministers to issue a general notification direction, with triggers for schemes to be notified to them.
12 (1) The Scottish Ministers may direct a planning authority to notify them, as soon as reasonably practicable, of any proposals for making or altering a scheme that the authority have publicised in accordance with paragraph 9.
(2) Where a planning authority are required by a direction under this paragraph to notify the Scottish Ministers of their proposals, the authority may not make the proposed scheme or alteration (whether in the terms proposed or otherwise) until the period provided for in the direction has ended.
(3) A direction under this paragraph may—
a) be addressed to a particular authority or all authorities,
b) require that the Scottish Ministers be notified of proposals if—
(i) the proposals are of a description specified in the direction, or
(ii) an event specified in the direction occurs in connection with the proposals,
c) provide for the period in the direction to be either—
(i) a specified period of time, or
(ii) an indefinite period that ends only when the Scottish Ministers tell the authority it has ended.
62. Scottish 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 following circumstances. This will ensure consistency with scrutiny on planning applications.
| Proposed circumstance in which notification to Ministers required | Reason |
|---|---|
|
In line with triggers in the Town And Country Planning (Notification Of Applications) (Scotland) Direction 2009. |
|
|
|
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| In line with existing specific Directions issued | |
Question 14:
A) To what extent do you agree that a Notification Direction be issued requiring that in the above circumstances such MCA schemes be notified to the Scottish Ministers?
a) Strongly Agree b) Agree c) Neutral d) Disagree e) Strongly Disagree
B) Please explain your view.
‘Make’ the scheme
63. ‘Making’ is the legal term for adopting a MCA scheme, once ‘made’ the scheme will be in force.
64. Paragraph 7 (2) of new Schedule 5A provides that:
Having considered any responses received to the consultation on their proposals (as paragraph 10 requires), the planning authority may (subject to any direction under paragraph 12 or Chapter 1 of Part 4)—
(a) make the proposed scheme or alteration,
(b) make a scheme or alteration which, in light of the consideration given to responses received to the consultation and any other matters which appear to the authority to be material, differs from what they proposed, or
(c) decide not to make any scheme or alteration.
Publicise
65. Draft Regulation 7 covers the publication of the MCA scheme and decision notice.
Draft Regulation 7
7. (1) Where a masterplan consent area scheme is made by a planning authority, the planning authority must publish a notice of the decision to make the scheme (“the decision notice”) containing the information specified in paragraph (2).
(2) Publication of the decision notice is to be by publishing in a local newspaper circulating in the area and on the internet a notice containing the following information—
(a) a statement that the masterplan consent area scheme has been made and how it may be inspected,
(b) the main reasons and considerations on which the decision is based including reasons for any conditions, limitations or exceptions,
(c) information about the arrangements taken to ensure the public had the opportunity to participate in the decision making procedures,
(d) information regarding the right to challenge the validity of the decision and the procedures for doing so.
(3) The planning authority must make a copy of the masterplan consent area scheme available for inspection at an office of the planning authority.
Question 15:
A) To what extent do you agree with the proposed requirements in relation to the publication of MCA schemes and the decision notice as set out in Draft Regulation 7?
a) Strongly Agree b) Agree c) Neutral d) Disagree e) Strongly Disagree
B) Please explain your view.
Planning Register
66. Draft Regulation 9 provides for the DMR to be amended, to insert a new regulation 5A, in those regulations, to update the requirements in relation to the planning register. This is to ensure that information in relation to MCA schemes is made available on the register. This would provide there be a copy on the register of the:
- proposed scheme or alteration
- decision notice
- MCA scheme made, or as altered.
Question 16:
A) To what extent do you agree with the proposed requirements in relation to the planning register as set out in Draft Regulation 9?
a) Strongly Agree b) Agree c) Neutral d) Disagree e) Strongly Disagree
B) Please explain your view.
Alteration of a MCA scheme
67. Draft Regulation 8 provides details of the process to be followed when a MCA scheme is to be altered. The principle behind this proposed provision is that much of the requirements apply to the alteration of a MCA scheme as apply to the making of a MCA scheme, subject to some modifications, so that references relate to an alteration, and to remove the requirement for public PAC-style events.
Question 17:
A) To what extent do you agree with the proposals for the procedures for altering a MCA scheme, as set out in Draft Regulation 8?
a) Strongly Agree b) Agree c) Neutral d) Disagree e) Strongly Disagree
B) Please explain your view.
Prescribed Form
68. The SPZ Regulations supplied seven prescribed forms which set out templates for newspaper advertisements to follow for particular stages associated with preparing a SPZ. We are not proposing to specify in the regulations the text or otherwise what must be covered within advertisements associated with making a MCA scheme.
69. We do not intend to include any prescribed forms as part of the Draft Regulations, but this is something we could offer suggestions on in future guidance to assist planning authorities in the making of a MCA scheme, if helpful.
Question 18:
A) To what extent do you agree with the approach not to prescribe forms of notices within the Draft Regulations?
a) Strongly Agree b) Agree c) Neutral d) Disagree e) Strongly Disagree
B) Please explain your view.
Electronic Communications
70. Our expectation is that electronic communications will be widely used throughout the procedures to prepare MCAs. The Draft Regulations set out the requirement to publish information associated with the MCA on the internet. We do not propose to include a provision within the Draft Regulations to cover electronic communications, as our understanding is that this is not necessary given current widespread use of electronic communications.
Environmental Impact Assessment
71. The aim of an Environmental Impact Assessment (EIA) is to ensure that prior to consent for a qualifying project being taken, that it is done so in the full knowledge of any likely significant effects on the environment any steps to avoid or minimise adverse effects have been considered.
72. The SPZ Regulations excluded any EIA development from being included within SPZ schemes, however EIA development can be included within MCAs. This enables a wider range of development types and uses to make use of MCAs.
73. The draft Masterplan Consent Area Scheme (Environmental Impact Assessment) (Scotland) Regulations 2024 were developed alongside the main MCA Regulations, to provide an integrated process and ensure environmental assessment principles are followed (see Figure 1).These Regulations resemble the process and procedures within The Town and Country Planning (Environmental Impact Assessment) Regulations 2017, and set out how MCA schemes can meet EIA requirements, where required.
74. The draft regulations set out certain procedures that have to be considered and followed to ensure compliance. As the lead for the preparation of the MCA scheme rests with the planning authority, it will be for the planning authority to prepare an EIA where a MCA includes EIA development. This differs from requirements for planning applications where the EIA is prepared by a developer. However we want to promote a collaborative approach to the production of MCA schemes including EIA work, with planning authorities working in partnership with those who will benefit from the certainty of the MCA scheme (including developers and investors).
75. In terms of benefits, EIA can help to identify the likely significant environmental effects of a particular development at an early stage. This can help produce improvements in the planning and design of the development by avoiding significant adverse effects or enhancing positive ones.
Question 19:
A) To what extent do you agree with the proposed process set out in the Draft Masterplan Consent Area Scheme (Environmental Impact Assessment) (Scotland) Regulations 2024 contained within Annex B?
a) Strongly Agree b) Agree c) Neutral d) Disagree e) Strongly Disagree
B) Please explain your view.
Contact
Email: mca@gov.scot
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