Masterplan Consent Areas: guidance

Introduction

About the guidance

1. The purpose of this guidance is to help planning authorities prepare Masterplan Consent Area (MCA) schemes.

2. The Town and Country Planning (Scotland) Act 1997 (the 1997 Act), and MCA regulations set the minimum processing requirements, but that does not preclude authorities from going beyond these requirements if they wish. The guidance explains and expands, where appropriate, the intention of the provisions in the legislation and Scottish Ministers’ expectations for implementation of MCAs. It includes suggestions for potential considerations and offers a consistent approach for authorities when preparing MCA schemes.

3. As MCAs grant planning permission, we have sought to align procedures with the planning application process, so it may be useful for planning authorities to also refer to existing advice in Planning Circular 3/2022: Development Management Procedures.

4. This guidance may be updated to reflect best practice and lessons learned as it emerges. Creative solutions and innovation, led by planning authorities and through collaboration with others, will be shared as they emerge.

Legislation

5. The legal framework for MCAs is covered in both primary and secondary legislation. The Planning (Scotland) Act 2019 (the 2019 Act), which made changes to the 1997 Act, introduced MCAs as a new upfront consenting mechanism for development proposals. Section 15 of the 2019 Act amended the 1997 Act to insert sections 54A-F and schedule 5A, which relate to MCAs.

6. The 1997 Act provides that planning authorities can prepare an MCA ‘Scheme’ setting out the detail of what they are giving consent for, through the MCA scheme. New section 54A introduced new schedule 5A which provides more detail on the process for planning authorities making and altering MCA schemes, and gives the Scottish Ministers powers in connection with such schemes, including regulation making powers to allow the Scottish Ministers to provide further detailed requirements, and direction making powers.

7. The regulations provide additional detail on procedural requirements. The following regulations provide an aligned approach for the different consents that can be authorised in an MCA scheme, and came into force on 5 December 2024:

• The Town and Country Planning (Masterplan Consent Areas) (Scotland) Regulations 2024
• The Masterplan Consent Area Scheme (Environmental Impact Assessment) (Scotland) Regulations 2024

8. The MCA Scheme (EIA) Regulations were developed alongside the main MCA regulations to provide an integrated process and ensure environmental assessment principles can be followed. More details are provided under the Environmental Impact Assessment section.

9. Section 16 of the 2019 Act amended the 1997 Act to provide for a bar to creation of new Simplified Planning Zones (SPZs), signalling the move towards MCAs rather than SPZs.

Further information

10. Relevant legislation and further information regarding MCAs can be found within the following:

• Town and Country Planning (Scotland) Act 1997 - Section 54A-F and Schedule 5A
• Planning (Scotland) Act 2019 – Section 15
• The Town and Country Planning (Masterplan Consent Areas) (Scotland) Regulations 2024
• The Town and Country Planning (Masterplan Consent Areas) (Scotland) Regulations 2024 - Policy Note
• The Masterplan Consent Area Scheme (Environmental Impact Assessment) (Scotland) Regulations 2024
• The Masterplan Consent Area Scheme (Environmental Impact Assessment) (Scotland) Regulations 2024 - Policy Note
• MCA Consultation Paper on Draft Regulations (February 2024)
• The Planning (Scotland) Act 2019 (Commencement No. 13 and Saving Provisions) Regulations 2024

11. Any enquiries about this guidance should be sent to chief.planner@gov.scot.