Masterplan Consent Areas: guidance

What?

What is a Masterplan Consent Area?

12. Masterplan Consent Areas are a new consenting mechanism where the planning authority proactively sets out, and grants consent, in an MCA ‘scheme’ for development it wishes to be delivered, subject to any conditions. The principle behind the MCA process, in terms of it giving consent, is akin to other consenting. The main differences between the application route to planning permission and MCAs are that an MCA is led by the authority and can offer four types of consent, which can be in place for up to 10 years.

13. MCAs are broader in scope than their predecessor Simplified Planning Zones (SPZs), with refreshed and with expanded powers. MCAs will be able to:

• grant four types of consent
  • planning permission, plus roads construction consent, listed building consent and conservation area consent – where provided for in the particular MCA scheme, rather than just planning permission
  • offering potential to streamline consents.
• be used in a broader range of circumstances than SPZs
  • including in conservation areas, and
  • to consent Environmental Impact Assessment (EIA) development, and
  • the procedures for putting a scheme in place have been modernised.
• shape development, with use of a masterplan and by including conditions, limitations and exceptions which may cover aspects such as development parameters, design and environmental matters.
• include scope for authorities to recoup their costs of preparing MCA schemes from developers, through discretionary charging.

14. Within adopted MCA areas, development can be carried out without the need for a full application providing it is in line with the agreed scheme.

What is the status of an MCA scheme?

15. MCA schemes grant planning permission and some other consents. While MCAs will not be part of the development plan, nor do they need to be provided for in the development plan, they are a delivery mechanism which can support delivery of the spatial strategy and policies and proposals in the development plan. However, MCA schemes can also be progressed for developments that emerge outwith the plan cycle. In line with section 25 of the Act, where the planning authority is making an MCA scheme, regard is to be had to the development plan, and decisions on MCA schemes should be made in accordance with that, unless material considerations indicate otherwise.

16. The MCA scheme can grant authorisation for a range of consents once it is ‘made’. If required, developers can apply to discharge conditions (similar to the approach taken for discharging conditions on planning permission albeit planning authorities have discretion on the amount chargeable – see section on Resources).

What types of consent can be provided in an MCA scheme?

17. Section 54B within the 1997 Act, provides that an MCA scheme can grant authorisation for development specified or of a description specified in the scheme. That authorisation means planning permission and additionally, if the scheme provides, roads construction consent, listed building consent and conservation area consent. For clarity, MCA schemes cannot grant planning permission in principle. Authorisation granted by a scheme is subject to any conditions, limitations and exceptions specified in the scheme.

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

18. Given MCAs are effectively 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. There are no exclusions as to forms of development that cannot be consented through an MCA scheme.

19. MCAs 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. They can also permit extensions or incremental change to existing sites and buildings.

20. MCAs have significant potential to support the delivery of major projects and enable large scale infrastructure projects (including associated housing needs), including national developments, Green Freeports, green data centres and development required to support ScotWind.

21. While MCAs cannot authorise consent for renewable projects dealt with under the Electricity Act 1989, MCAs can help act as a facilitator for large renewable projects, helping bring all the required interested parties ‘around the table’ at an early stage of the consenting process. MCAs will be able to provide the necessary planning consents for the onshore infrastructure.

22. MCAs can be used to consent housing and will be able to unlock significant areas for housing development. Providing upfront planning consent through MCAs can allow faster build out of housing developments and required supporting infrastructure. MCAs can be used in urban areas, and to support delivery of rural homes and alternative delivery models such as custom and self-build. Section 54C specifically highlights that MCA schemes can authorise self-build housing.