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Scottish Government Consultation: Masterplan Consent Area Regulations

Argyll and Bute Council · 22 May 2024
Back to Planning, Protective Services and Licensing Committee — 22 May 2024 and its agenda

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ARGYLL AND BUTE COUNCIL        PLANNING, PROTECTIVE SERVICES                    
AND LICENSING COMMITTEE
DEVELOPMENT AND ECONOMIC GROWTH             22nd May 2024
SCOTTISH GOVERNMENT CONSULTATION: MASTERPLAN CONSENT AREA
REGULATIONS 
1.0 EXECUTIVE SUMMARY 
1.1 The aim of this report is to advise PPSL of the Scottish Government Masterplan
Consent Areas - draft regulations: consultation and seek approval for the
proposed response to the consultation (see Appendix 1). The response is due
by 22nd May 2024.
1.2 The Planning (Scotland) Act 2019 introduced Masterplan Consent Areas
(MCAs) as a new upfront consenting mechanism for development proposals.
As well as planning consent an MCA can also potentially grant Roads
Construction Consent, Conservation Area Consent and Listed Building
Consent.
1.3 The proposed regulations principally add procedural detail to the existing MCA
legislation introduced by the 2019 Act and it is considered that, on the whole, they
do not represent undue requirements above what could be reasonably expected
for a process that provides a consenting regime of this nature. It is anticipated that
further guidance will be issued by the Scottish Government relating to the MCA
process. Whilst some matters are raised as concerns or questions within the draft
consultation response (appendix 1) the overall content of the proposed
regulations do not raise significant concerns.
1.4 Whilst is not anticipated that the proposed regulations themselves would add
significantly to the resources required to create an MCA the potential overall
resource and cost implications of such a process should be noted.
RECOMMENDATIONS 
It is recommended that the PPSL: 
i) note this report and the implications of the proposed regulations. 
ii) approve the response on this consultation to the Scottish Government in
Appendix 1.

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ARGYLL AND BUTE COUNCIL        PLANNING, PROTECTIVE SERVICES                    
AND LICENSING COMMITTEE
DEVELOPMENT AND ECONOMIC GROWTH         22nd May 2024 
SCOTTISH GOVERNMENT CONSULTATION: MASTERPLAN CONSENT AREA
REGULATIONS 
2.0 INTRODUCTION 
2.1 The Scottish Government is consulting on Master Plan Consent Area
Regulations. The proposed regulations are part of the Scottish Government’s
implementation of the Planning (Scotland) Act 2019. The proposed response
to this consultation is set out in Appendix 1. The response should be submitted
by 22nd May 2024.
2.2 The Planning (Scotland) Act 2019, which made changes to the Town and
Country Planning (Scotland) Act 1997, introduced Masterplan Consent Areas
(MCAs) as a new upfront consenting mechanism for development proposals.
The 2019 Act amends the 1997 Act to insert new sections and a new Schedule
relating to MCAs. These (aside from one specific element relating to the duty
on planning authorities to consider making an MCA) have not yet been
commenced and therefore do not yet have legal effect. A separate report is with
this PPSL that relates that duty on planning authorities to consider making an
MCA and to publish a statement of their decision.
2.3 An MCA would grant planning consent for the development set out within the
MCA Scheme documents, subject to any conditions attached. MCAs are similar
to Simplified Planning Zones that are already provided for in the 1997 Act but
with expanded powers. MCAs are broader in scope as they can potentially give
authorisation for Planning Consent, Roads Construction Consent,
Conservation Area Consent and Listed Building Consent (if the scheme so
provides). Within an adopted MCA, development could be brought forward
without the need for an application for the above types of consent if it is in line
with the agreed scheme.
2.4 The 2019 Act also amends the 1997 Act to provide a bar to the creation of new
Simplified Planning Zones and whilst part that has not yet commenced it is the
intention to do this at the same time as the MCA regulations coming into force.
This effectively means that MCAs will replace SPZs as the consenting regime
for any such future projects.
2.5 The proposed regulations add detail to the MCA legislation introduced by the
2019 Act. The legislation requires Scottish Ministers to set out certain provisions

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within regulations whilst there are some other aspects that Scottish Ministers
have discretion to regulate on.
2.6 Two sets of draft regulations have been prepared.
• The Town and Country Planning (Masterplan Consent Areas) (Scotland)
Regulations 2024 which provide procedural detail about preparing MCA
schemes.
• The Masterplan Consent Area Scheme (Environmental Impact Assessment)
(Scotland) Regulations 2024 which provide procedural detail regarding
Environmental Impact Assessments where an MCA scheme should require one.
2.7 There is no actual requirement on the Council to make an MCA although through
the legislation introduced by the 2019 Act Scottish Ministers can direct a local
planning authority to make one. There is also a requirement on the local planning
authority to consider, once within each 5 year period, whether to would be
desirable to either make a new MCA or alter an existing one and to publish a
statement of their decision (this matter is addressed within a separate report
which is with this PPSL).
3.0 RECOMMENDATIONS 
3.1 It is recommended that the PPSL:
i) note this report and the implications of the proposed regulations.
ii) approve the response on this consultation to the Scottish
Government in Appendix 1. 
4.0 DETAIL 
4.1 A consultation paper has been published that provides more information about
the proposed regulations or, where Scottish Ministers have decided not regulate,
the reasonings for not doing so. The consultation paper poses a series of
questions relating to these matters for both sets of draft regulations. The draft
Council response to these questions is set out at Appendix 1. 
4.2 The consultation paper sets out that Scottish Ministers have worked to the
principle that regulations are kept to the minimum necessary and that to provide
for maximum flexibility and resilience much of their expectations for
implementation of the new system will be set out in guidance. Consultation
question 1 relates to this. It is considered that this principle is agreeable as it helps
provide local flexibility and opportunity to provide up to date assistance to local
authorities.
4.3 As set out in Section 2 of this report, whilst the MCA legislation introduced by the
2019 Act allows Scottish Ministers to regulate on various aspects of the MCA
process there are some aspects they have elected not to (at this point). None of
the aspects to which Ministers have elected not to regulate on raise significant

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concerns. However, it is considered that one aspect should be raised as a
question within the response and this is in relation to certain places where MCAs
cannot be made. These places are already set out within the 2019 Act and include
various environmental designations such as National Scenic Areas. Ministers are
not proposing to regulate to amend the existing list, however this list does not
include National Nature Reserves of which there are a number in Argyll and Bute.
The consultation response to the related question 3 (Appendix 1) raises the
question as to why National Nature Reserves have been excluded. It is however
considered a relatively minor issue as the extent of the NNRs in Argyll and Bute
are almost entirely covered by SSSI designations which are on list of areas where
an MCA would not be permissible.
4.4 The regulations that Scottish Ministers have decided to bring forward are largely
in relation to the process of creating an MCA or altering an existing one and they
include aspects relating to; publicity and consultation, hearings, publication of
information notices and information to be placed on the planning register.
4.5 There is one matter where it is considered necessary to disagree with the
proposed regulations and this relates to requirements in relation to the publication
of an MCA scheme once it has been made (adopted). The regulation requires that
a decision notice must be published on the internet and within a local newspaper
and sets out the information that this notice must contain. This information
includes; statements about the scheme, the reasons for the decision, information
about the public participation undertaken and the right to challenge the validity of
the decision and the process for doing so.
4.6 This raises two matters, with regards to challenging the validity of the decision it
is not clear on what basis this proposed requirement is being made. The draft
consultation response questions the need for this information to be contained in
the decision notice and requests that if Scottish Ministers are minded to include
the requirement that further clarity is provided through the regulations or
associated guidance. Secondly, the actual amount of information required to be
contained in the decision notice raises concerns in relation to publishing it as
newspaper advertisement. Whilst there is no significant objection to publishing
this information within a decision notice to be placed on the internet the
corresponding newspaper advert with the same information would likely be
lengthy and potentially unduly costly. It is considered that a more proportionate
approach would be to publish the decision notice with the information required on
the internet and to require a newspaper advertisement to inform of the decision
and to direct interested parties to where the full decision notice maybe inspected.
The proposed response is contained at question 15 within appendix 1.
4.7 Consultation question 14 (Appendix 1) does not relate to the MCA regulations
but instead to part of the 2019 Act that gives Scottish Ministers powers to direct
planning authorities to notify them when an MCA is proposed or proposed to be
altered. The consultation paper sets out that Scottish Ministers intend to issue a
direction to accompany the regulations that they be notified of proposed MCA
schemes in certain circumstances. These circumstances generally relate to

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certain types of development and the consultation paper indicates that these are
to ensure consistency with scrutiny on planning applications. The intended
direction raises no significant concerns.
4.8 With regards to The Masterplan Consent Area Scheme (Environmental Impact
Assessment) (Scotland) Regulations 2024, these raise no significant concerns
and whilst the response to consultation question 19 (Appendix 1) sets this out it
does also pose some questions relating to the actual content of the wording.
4.9 The consultation is accompanied by a range of impact assessments the content
of which raise no concerns.
4.10 The 2019 Act has already introduced the legislative framework to make a
Masterplan Consent Area and to undertake such a process would involve Council
resources. The proposed regulations principally add procedural detail to the
existing MCA legislation and it is considered that, on the whole, they do not
represent undue requirements above what could be reasonably expected for a
process that provides a consenting regime of this nature. The consultation paper
indicates the potential for planning authorities to work in partnership with
development partners who may be able to provide some of the resources. In
addition, there is the potential ability for local authorities to charge for development
within an MCA. This matter is being addressed within the concurrent Scottish
Government consultation on resourcing Scotland’s planning system. 
4.11 The impact assessment estimates that the potential costs of an MCA may range
from £15,000 to £200,000 depending on the size and features of the scheme and
whilst the potential for partnership working and the possibility that local authorities
might be able to charge for development might mitigate some of these costs the
overall potential resource and cost implications of the MCA process should be
noted. Taking forward an MCA could potentially divert Development Policy
resources away from supporting the wider delivery of LDP2 and the future
development of LDP3 within the appropriate timescales. The decision as to
whether to make an MCA under the legislation and proposed regulations remains
principally with the planning authority (unless directed otherwise by Scottish
Ministers). 
5.0 CONCLUSION 
5.1 The Planning (Scotland) Act 2019 introduced Masterplan Consent Areas
(MCAs) as a new upfront consenting mechanism for development proposals.
As well as planning consent an MCA can also potentially grant Roads
Construction Consent, Conservation Area Consent and Listed Building
Consent. 
5.2 The proposed regulations principally add procedural detail to the existing MCA
legislation and it is considered that, on the whole, they do not represent undue
requirements above what could be reasonably expected for a process that

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provides a consenting regime of this nature. It is anticipated that further guidance
will be issued by the Scottish Government relating to the MCA process. Whilst
some matters are raised as concerns or questions within the draft consultation
response (appendix 1) the overall content of the proposed regulations do not
raise significant concerns.
5.3 Whilst is not anticipated that the proposed regulations themselves would add
significantly to the resources required to create an MCA the potential overall
resource and cost implications should be noted. 
6.0 IMPLICATIONS
6.1 Policy 
This is a consultation. Once in place these regulations will provide detail
as to how an MCA should be created or altered.
6.2 Financial 
None as a result of this paper. However, there would be a resource
implication in the creation of a Masterplan Consent Area.
6.3  Legal 
The consultation relates to a statutory regulation. However, there is no
requirement to create a Masterplan Consent Area unless directed to by
Scottish Ministers.
6.4  HR 
None as a result of this consultation
6.5  Fairer Scotland Duty: 
6.5.1   Equalities - protected characteristics  
None as a result of this consultation 
6.5.2   Socio-economic Duty  
None as a result of this consultation 
6.5.3  Islands 
None as a result of this consultation
6.6 Climate Change 
None as a result of this consultation  
6.7 Risk 
None as a result of this consultation
6.8  Customer Service

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None as a result of this consultation
6.9 The Rights of the Child (UNCRC) 
None as a result of this consultation 
Kirsty Flanagan 
Executive Director with responsibility for Development and Economic Growth
Policy Lead Kieron Green
8th May 2024                                                  
For further information contact: [insert report author and contact details]
Matthew Watkiss – matthew.watkiss@argyll-bute.gov.uk – 01546 604369
Fergus Murray – Fergus.murray@argyll-bute.gov.uk – 01546 604 293 
APPENDICES
Appendix 1 Proposed Response

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Appendix 1 
Question 1: A) To what extent do you agree with the principle that regulations be kept to the
minimum necessary and that more advice be offered in guidance and kept updated? 
a) Strongly Agree b) Agree c) Neutral d) Disagree e) Strongly Disagree 
B) Please explain your view.
Agree – The principle is agreeable as it will help provide local flexibility and opportunity to provide
up to date assistance through the use of guidance. 
Question 2: A) We are not proposing to regulate to exclude any form of development from having
potential to be within a MCA. 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.
Agree – The ultimate decision as to whether to create an MCA remains with the local authority or
Scottish Ministers (if they choose to direct the local authority to do so) and as such there would be
sufficient scrutiny to assesses whether the MCA approach for a particular development type would
be appropriate on a case by case basis. In addition, there would sufficient assessment and control of
any proposed scheme by the Council or Scottish Ministers, as the case may be, as well as relevant
stakeholder involvement before any final creation of a scheme. Should it become apparent that
certain types of development are not appropriate for an MCA then regulations can be brought
forward by Scottish Ministers in the future. 
Question 3: A) We are not proposing any changes to the designations listed in schedule 5A
(paragraph 3(4)). 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.
Neutral – National Nature Reserves are not specified within the list. Whilst most NNRs in Argyll and
Bute are mostly covered by SSSIs their boundaries are not always co-terminus meaning that some
parts of NNRs are not within a SSSI. Consideration to adding NNRs to the list would potentially help
provide consistency. 
Question 4: A) To what extent do you agree that the matters above in relation to the statement be
set out in guidance rather than regulations? 
a) Strongly Agree b) Agree c) Neutral d) Disagree e) Strongly Disagree 
B) Please explain your view.
Agree – This would be a proportionate approach and allow for some local tailored approaches.

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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.
Agree – This is a reasonable and proportionate approach and leaves discretionary options to the
planning authority to carry out wider consultation. 
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.
Agree – This is a reasonable and proportionate approach and leaves discretionary options to the
planning authority to carry out wider consultation. 
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.
Agree – It would help provide transparency and better align with requirements on planning
consents.
Question 8: Are there any further aspects you consider should be required to be included in a MCA
scheme? Please specify and explain why.
No. 
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.
Agree – These appear to be aligned with the requirements for planning applications and therefore
are a reasonable requirement. It is questioned however with regards to paragraphs 3 (1) d and 3 (2)

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d whether the line after the comma that starts "or which is otherwise" should be on a separate line
as that appears to be the case in the associated Development Management regulations. 
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.
Agree – The requirements are proportionate and reasonable. 
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.
Agree – The 30 day period is reasonable and does allow for potential alignment with the EIA report
(if required). 
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.
Agree – The requirement is considered to be proportionate. 
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
Agree – The requirements are appropriate in that they focus the right to appear at the hearing on
those that have actually formally responded to the consultation on the proposed scheme itself. 
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

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B) Please explain your view.
Agree – The requirements are a reasonable approach and appear to align suitably with planning
application procedures. 
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.
Disagree – With regards to the requirement to provide information relating to the right to challenge
the validity of the decision and the procedures for doing so, it is not clear on what basis this
proposed requirement is being made. The need for this information to be contained in the decision
notice is questioned. If Scottish Ministers are minded to include this requirement then further clarity
is sought either through the regulations or associated guidance.
The notice to be published in a local newspaper through the requirements (particularly in parts b
and c) could result in a lengthy formal public notice which might be unreasonable in terms of the
amount of information for the public to navigate and also in terms of the cost of publication given
the amount of words it might contain. It would be preferable that the regulations require the
publication of the notice on the internet and for a newspaper advertisement to inform of the
decision and direct interested parties to where the full decision notice can be inspected. 
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.
Agree – The inclusion of MCAs on the planning register is considered appropriate as they would
grant planning consent for development and as such the this would help align with planning
application processes. 
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.
Agree – The regulations appear to be appropriate for the purpose. 
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

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B) Please explain your view.
Agree – Prescribed forms are not necessary within the regulations as Local Planning Authorities are
well placed to write required notices in respect of any regulations. Examples of recommended forms
within guidance would though be helpful if provided. 
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.
Agree – The proposed regulations raise no significant concerns. It is questioned however why at
various points the regulations specify the “planning authority” (e.g. paragraph 11) whereas other
aspects specify “a planning authority or the Scottish Ministers, as the case may be”. On the basis
that the 2019 Act allows for Scottish Ministers to make an MCA scheme themselves it is questioned
whether all of the associated EIA process should actually relate to “a planning authority or the
Scottish Ministers, as the case may be” as it will potentially be Scottish Ministers carrying out the EIA
and all associated processes in those cases where Scottish Ministers make a scheme. It is also
questioned at paragraph 22 (5) whether the wording should refer to Masterplan Consent Areas
rather than planning permission. 
Question 20: A) To what extent do you agree with our approach to the impact assessments? 
a) Strongly Agree b) Agree c) Neutral d) Disagree e) Strongly Disagree 
B) Please explain your view.
Agree – The impact assessments raise no significant concerns.