The legal powers for creating masterplan consent areas went live on 5 December. The Scottish Government published guidance on 28 January; and will issue a related notification direction and circular soon.
Background
MCAs are an opportunity to streamline consenting, by giving in advance several types of consent, including planning permission, roads construction consent, listed building consent and conservation area consent. That removes consent risk and reduces delay.
Potential uses:
- large scale infrastructure projects, including associated housing needs
- national developments
- Green Freeports
- green data centres
- development required to support Scotwind
- housing, including rural homes, custom and self-build
The power to promote an MCA scheme lies with the planning authority.
Scottish Government Guidance
The guidance is a must-read for anyone interested in MCAs. It contains a useful mix of information on the statutory provisions, and practical comments.
Points of interest include:
Types of development – there are no exclusions as to forms of development that can be consented (para 18, with the exception of electricity generation projects requiring consent under section 36 of the Electricity Act – para 21).
Some designations of international and national importance cannot be included in a scheme (para 39).
Development plan - decisions on MCA schemes should be made in accordance with the development plan, unless material considerations indicate otherwise (para 15). It is unclear whether that is a statement of the legal position or guidance .
The guidance confirms that MCAs do not need to be provided for in the development plan; and that schemes can be progressed for developments that emerge outwith the plan cycle (para 15).
Level of detail - MCA schemes involve front-loading consideration of design, infrastructure and environmental matters at an earlier stage in the planning process (para 24).
The intention is to 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 (para 13).
The scheme cannot grant planning permission in principle (para 17).
Development proposals that do not comply with the MCA scheme would require to apply for planning permission in the usual way (para 64).
Cost and fees – the SG impact assessments acknowledge the costs of an individual scheme may range from £15-200k, but note the potential for partnership with the development sector.
The statutory provisions allow planning authorities to introduce charges in order to recoup their costs in preparing or altering an MCA scheme and also to charge for applications for the approval, consent or agreement required by a condition specified in an MCA scheme (para 111).
Comment
It has been reported that six councils (Highland, Falkirk, Stirling, Aberdeenshire, Perth and Kinross, and Renfrewshire) have expressed an interest in using MCAs for housing or commercial proposals in their areas.
The opportunity is attractive. The SG impact assessment notes the Hillington Park SPZ has attracted over £25M of investment since its creation.
The task is not straightforward. New procedures always have uncertainties (eg. the failure rate for LDP evidence reports). The scheme has to go further than a PPiP, but avoid the risk of being so prescriptive that future projects might be non-compliant and require applications for planning permission, removing the benefit of the scheme, and potentially weakening the commercial attractiveness of the site/ area.
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