Background / Introduction
Part 2 (Section 15) of the Planning (Scotland) Act 2019 introduced Masterplan Consent Areas (MCAs) as a new proactive consenting mechanism.
Argyll and Bute Council will in future be able to prepare Masterplan Consent Area schemes (within the Council area outside of Loch Lomond and the Trossachs National Park) as part of a placemaking approach to planning and consenting. MCA schemes are a potential new way for the Council 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 an MCA scheme would be led by the planning authority, but can be taken forward through collaboration.
The new provisions will allow the Council to prepare an 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, and
- 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.
More details about Masterplan Consent Areas are available in the Consultation Paper on the draft MCA Regulations – the Scottish Government’s consultation closed on 22 May 2024.
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. It is anticipated that the MCA provisions will be fully in place later in 2024.
However, Schedule 5A Paragraph 5 specifically has been brought into force and this 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.
Statement
As the MCA regulations are not yet in place, the Council has not yet identified or assessed potential locations for which it may be desirable to bringing forward an MCA scheme. The Council will reconsider this within a 5 year period commencing from the date of the publication of this statement once the legal basis for preparing MCAs is in place and at an appropriate point in time in relation to the monitoring of the delivery of Local Development Plan 2 (adopted on 28th February 2024).
This Statement fulfils the Council’s legal requirements under Schedule 5A Paragraph 5 of the Town and Country Planning (Scotland) Act 1997, as amended.
Published 17 June 2024.