Part 2 (Section 15) of the Planning (Scotland) Act 2019 introduced Masterplan Consent Areas (MCAs) as a new proactive consenting mechanism. Final regulations were laid in front of the Scottish Parliament on 23 September 2024, covering the main process for making Masterplan Consent Area (MCA) schemes and relating to the Environmental Impact Assessment (EIA) provisions of MCA schemes. It is anticipated that these Regulations will come into force on the 5th December 2024.
In the future, we will be able to use Masterplan Consent Area schemes as part of a placemaking approach to planning and consenting. It is a new way for us to shape new development in our area – enabling the type and quality of development we wish to come forward through a consenting masterplan, and to support delivery of development that can support local needs, priorities and outcomes.
Unlike planning applications which are typically led by a developer, the preparation of MCA schemes will be led by the planning authority but can be taken forward through collaboration.
The new provisions will allow us to prepare a MCA scheme setting out for particular places, the detail of what they are giving consent for, through the MCA scheme. There will be requirements for publicity and consultation on individual schemes.
MCA schemes can streamline consent, allowing issues to be considered as part of a joined-up approach, they can grant:
- planning permission
- roads construction consent
- listed building consent
- conservation area consent
Within adopted MCA areas, development could be brought forward without the need for a full application as long as it is in line with the agreed scheme.
Consideration of the Duty to periodically consider making MCA schemes
Part 2 of the 2019 Act (Section 15) sets out the legal framework for preparing MCAs. The full provisions from the Act relating to MCAs and the associated regulations are not yet in force. However, Schedule 5A Paragraph 5 is in force and requires planning authorities to consider whether it would be desirable to make a scheme for a part or parts of their district, and to publish a statement as to their consideration of that, by 25 July 2024.
As the MCA regulations are not yet in place, we have not yet identified or assessed potential locations for which it may be desirable to bringing forward an MCA scheme. We intend to reconsider this once the legal basis for preparing MCAs is in place.
The Scottish Government has indicated that MCAs could be used to support the local development plan delivery. We will consider whether it would be desirable to make any Masterplan Consent Areas as part of our work on delivery linked to the Local Development Plan’s Delivery Programme.