Masterplan Consent Areas (MCAs)

Background

Part 2 (Section 15) of the Planning (Scotland) Act 2019 introduced Masterplan Consent Areas 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.

These regulations came into force on 5 December 2024: The Town and Country Planning (Masterplan Consent Areas) (Scotland) Regulations 2024.

An MCA would allow a planning authority to proactively consent schemes which reflect the quality and type of development it would wish to see in a specific area.

Unlike planning applications which are typically led by a developer, the preparation of MCA schemes would be led by the planning authority, but can be taken forward in collaboration with other parties. Engagement and publicity would be required in the production of an MCA scheme.

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, and
• conservation area consent.

Within an MCA adopted by a planning authority, development could be brought forward without the need for a planning application, as long as it is in line with the agreed MCA scheme.

Consideration of the duty to periodically consider making MCA schemes

Part 2 of the Planning (Scotland) 2019 Act (Section 15) sets out the legal framework for preparing MCAs.

Schedule 5A Paragraph 5 of the 2019 Act requires planning authorities to consider whether it would be desirable to make a MCA scheme for a part or parts of their district, and to publish a statement as to their consideration of that, by 25 July 2024.

Masterplan consent area statement

The Council has not yet identified or assessed potential locations for which it may be desirable to bring forward an MCA scheme.

The Scottish Government has indicated that MCAs could be used to support delivery of the Local Development Plan. The Council will consider whether it would be desirable to make any Masterplan Consent Areas as part of its work on the production of Midlothian Local Development Plan 2.

This statement fulfils the Council’s legal requirements under Schedule 5A Paragraph 5 of the Planning (Scotland) Act 2019.