Explanatory note

These Regulations make provision in connection with the preparation of masterplan consent area schemes under schedule 5A of the Town and Country Planning (Scotland) Act 1997 (“the Act”).

In terms of part 3 of schedule 5A of the Act, before making a masterplan consent area scheme a planning authority must consult in accordance with paragraph 8 of schedule 5A before formulating their proposals for the scheme and then also consult on their proposals in accordance with paragraphs 9 and 10. Regulation 3 sets out requirements as to consultation under paragraph 8. This requires the planning authority to notify the community council and to publish a map of the area of the masterplan consent area along with information about the development which the planning authority may be permitted by the scheme and how representations may be made about the scheme. If that proposed development may belong to categories of major or national developments then at least two public events must be held.

Regulation 4 and the schedule to the Regulations set out the requirements under paragraph 9 of schedule 5A for publicising and inviting representations in relation to proposals to make a masterplan consent area scheme. Regulation 4 prescribes the period for representations. The planning authority must publish a copy of the proposed scheme and information as to its content and purpose and how representations may be made. In addition notice of the scheme is to be given to owners and to relevant bodies in accordance with the provisions of the schedule.

Regulation 5 sets out the circumstances in which interested parties are to be entitled to appear before a committee of the planning authority to be heard in relation to the scheme. The prescribed circumstances are that the proposed scheme would authorise development belonging to the category of national developments.

Regulation 6 requires a masterplan consent area scheme to include reasons for the imposition of any conditions to which it is subject. Regulation 7 sets out the requirements for publication of the making of a masterplan consent area scheme including information as to how it may be inspected. Regulation 8 makes provision as to how the procedures apply to the alteration of a masterplan consent area scheme. Regulation 9 provides that a scheme does not grant authorisation for development which is likely to have an adverse effect on a European site or a European offshore marine site and is not directly connected with or necessary to the management of the site.

Regulation 10 amends the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 so as to provide to information concerning a masterplan consent area scheme to be contained on the register.