Masterplan Consent Areas: guidance - impact assessments

Child Rights and Wellbeing Impact Assessment for (CRWIA)

Disclaimer

This document is a point in time assessment of the likely effects of the likely effects of the Masterplan Consent Area Guidance (January 2025) on the rights and wellbeing of children and young people. This impact assessment should be read in conjunction with the other impact assessments prepared for this proposal.

Scottish Government acknowledge the importance of monitoring and evaluating the impact of strategic decisions and legislation on children’s rights and wellbeing. Any information gathered during implementation of the legislation or strategic decision to which the impact assessment relates, will be used to inform future determinations of impact. Any new strategic decision or new legislation (including amending legislation) would be subject to a new CRWIA in line with the legislative requirements.

Introduction

1. Brief Summary

• The Masterplan Consent Area Guidance (January 2025)

Masterplan Consent Areas (MCAs) are a new upfront consenting mechanism introduced by the Planning (Scotland) Act 2019 (the Act). 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 will 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.

The Act provides that planning authorities can prepare a MCA ‘scheme’, that can grant 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.

The process for making MCA schemes is included within:

• The Town and Country Planning (Scotland) Act 1997, as amended by the Planning (Scotland) Act 2019;
• The Town and Country Planning (Masterplan Consent Areas) (Scotland) Regulations 2024; and
• The Masterplan Consent Area Scheme (Environmental Impact Assessment) (Scotland) Regulations 2024

The non-statutory MCA guidance is designed to support planning authorities by bringing together and explaining the legislative requirements from the Act and the two sets of regulations. Any further detail in the guidance is based on the broad principles that were outlined within the legislation.

A CRWIA was previously undertaken to support the Planning (Scotland) Bill (which introduced MCAs) and a CRWIA was also carried out for the MCA regulations (which provide additional procedural detail on preparing MCAs)

Start date of proposal’s development: 31/07/2023*

Start date of CRWIA process: 31/07/2023*

*Date work started on preparing secondary legislation

2. With reference given to the requirements of the UNCRC (Incorporation) (Scotland) Act 2024 which aspects of the proposal are relevant to children’s rights?

The guidance is intended to bring together and explain the legislative requirements from primary legalisation and the two sets of MCA regulations.

The non-statutory MCA Guidance is designed to support planning authorities by offering more information to ensure there is a consistent approach when they prepare MCA schemes, including around engagement and will not have direct or indirect impacts on the rights or wellbeing of children and young people.

3. Please provide a summary of the evidence gathered which will be used to inform your decision-making and the content of the proposal

As noted above,

a CRWIA was previously undertaken to support the Planning (Scotland) Bill (which introduced MCAs) and for the MCA regulations (which provide additional procedural detail on preparing MCAs), and they have informed the development of the guidance.

A public consultation on the Draft MCA regulations^[1] ran from 28th February 2024 – 22 May 2024. It included the draft regulations and asked specific questions about the various proposals for regulations and guidance, covering the different stages of MCA preparation process. The consultation also sought views on the interim assessments for the draft regulations, including the CRWIA screening.

4. Further to the evidence described at ‘3’ have you identified any 'gaps' in evidence which may prevent determination of impact? If yes, please provide an explanation of how they will be addressed

N/A

5. Analysis of Evidence

The majority of respondents to the recent consultation on the regulations who answered the question about the impact assessments were supportive of the proposed approach to the guidance and thought that it was appropriate and consistent with existing arrangements.

6. What changes (if any) have been made to the proposal as a result of this assessment?

N/A

Conclusion

7. As a result of the evidence gathered and analysed against all UNCRC requirements, what is the potential overall impact of this proposal on children’s rights?

No impact

8. As a result of the evidence gathered and analysed against all wellbeing indicators, will the proposal contribute to the wellbeing of children and young people in Scotland?

N/A

9. How will you communicate to children and young people the impact that the proposal will have on their rights?

N/A

Mitigation Record

What options have been considered to modify the proposal in order to mitigate negative impact or potential incompatibility issues?

Issue or risk Identified per article/Optional Protocol

N/A

Action Taken/To Be Taken

N/A

Date action to be taken or was taken

N/A

10. As a result of the evidence gathered and analysed against all wellbeing indicators, will the proposal contribute to the wellbeing of children and young people in Scotland?

N/A

11. How will you communicate to children and young people the impact that the proposal will have on their rights?

N/A

Post Assessment Review and sign-off

12. Planning for the review of impact on children’s rights and wellbeing

As part of the decision-making process, plans for reviewing the impact on children’s rights and wellbeing need to be developed.

• How will the impact of the proposal on children’s rights and wellbeing be monitored?
• When will you review and update the CRWIA if required?

We consider that any aspects affecting groups of children or young people have been covered by a CRWIA which was previously undertaken to support the Planning (Scotland) Bill and the MCA Regulations. It found that the provisions for enhanced engagement, will have a positive and direct impact.

The non-statutory MCA Guidance is designed to support planning authorities by offering more information to ensure there is a consistent approach when they prepare MCA schemes and will not have direct or indirect impacts on the rights or wellbeing of children and young people.

13. Sign off

Policy Lead Signature & Date of Sign Off: Adam Henry 15/11/2024

Director Signature & Date of Sign Off: Fiona Simpson 04/12/2024

Date CRWIA team first contacted: 06/06/2024