Schedule

The planning authority must give notice of a proposed masterplan consent area scheme to a person, authority or body mentioned in a paragraph below in the circumstances specified in that paragraph.

SEPA where—

(1)

the development to be authorised by the proposed masterplan consent area scheme is likely to result in a material increase in the number of buildings at risk of being damaged by flooding, or

(2)

that development consists of or includes—

(a)

fish farming,

(b)

mining operations,

(c)

the carrying out of building or other operations or use of land for the purposes of providing or storing mineral oils and their derivatives,

(d)

the carrying out of building or other operations (other than the laying of sewers, the construction of pump-houses in a line of sewers, the construction of septic tanks and cesspools serving single dwellinghouses, single caravans or single buildings in which not more than 10 people will normally reside, work or congregate, and works ancillary thereto) or use of land for the retention, treatment or disposal of sewage, trade-waste, or effluent,

(e)

the carrying out of works or operations in the bed or on the banks of a river or stream,

(f)

the use of land as a cemetery, or

(g)

the use of land for the deposit of any kind of refuse or waste, including slurry or sludge.

NatureScot where—

(a)

the development to be authorised by the proposed masterplan consent area scheme may affect a site of special scientific interest, or

(b)

that development consists of or includes the winning and working of peat.

The Health and Safety Executive where the development to be authorised by the proposed masterplan consent area scheme is within an area which has been notified to the planning authority by the Health and Safety Executive for the purpose of this provision or for the purposes of paragraph 3 of schedule 5 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 because of the presence within the vicinity of toxic, highly reactive, explosive or inflammable substances (otherwise than on a relevant nuclear site) and which involves the provision of—

(a)

residential accommodation,

(b)

more than 250 square metres of retail floor space,

(c)

more than 500 square metres of office floor space, or

(d)

more than 750 square metres of floor space to be used for an industrial process, or which is otherwise likely to result in a material increase in the number of persons working within or visiting the notified area.

The Office for Nuclear Regulation where the development to be authorised by the proposed masterplan consent area scheme is within an area which has been notified to the planning authority by the Office for Nuclear Regulation for the purpose of this provision or for the purposes of paragraph 3A of schedule 5 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 because of the presence within the vicinity of toxic, highly reactive, explosive or inflammable substances on a relevant nuclear site and which involves the provision of—

(a)

residential accommodation,

(b)

more than 250 square metres of retail floor space,

(c)

more than 500 square metres of office floor space, or

(d)

NatureScot, the Health and Safety Executive and SEPA where the development to be authorised by the proposed masterplan consent area scheme—

(a)

involves the siting of new establishments,

(b)

consists of modifications to establishments covered by Article 11 of Directive 2012/18/EU of the European Parliament and of the Council on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/EC (OJ L 197, 24.7.2012, p.1), as Directive 2012/18/EU had effect immediately before IP completion day, or

(c)

includes transport routes, locations of public use and residential areas in the vicinity of an establishment, where the siting or development may be the source of or increase the risk or consequences of a major accident,

and, in relation to development falling within paragraph (c), any person who is, according to the register held by the planning authority under regulation 41 of the Town and Country Planning (Hazardous Substances) (Scotland) Regulations 2015, the person who is in control of the land on which the establishment is located.

The Scottish Ministers, where the development to be authorised by the proposed masterplan consent area scheme—

(a)

would be within 67 metres of the middle of, or is development comprising the formation, laying out or alteration of any means of access to—

(i)

a trunk road,

(ii)

a proposed trunk road or a proposed special road, being a road the route of which is shown as such in the development plan, or in respect of which the Scottish Ministers have given notice in writing to the planning authority of their proposal, together with the maps or plans sufficient to identify the proposed route of the road,

(iii)

any road which is comprised in the route of a special road to be provided by the Scottish Ministers in accordance with a scheme under section 7 of the Roads (Scotland) Act 1984 relating to special roads, and which has not for the time being been transferred to them, or

(iv)

any road which has been or is to be provided by the Scottish Ministers in pursuance of an Order under the provisions of that Act relating to trunk roads and special roads and has not for the time being been transferred to any roads authority,

(b)

would be likely to result in a material increase in the volume or a material change in the character of traffic entering or leaving a trunk road,

(c)

consists of or includes the winning and working of peat, or

(d)

is marine fish farm development.

The community council, if any, within whose area the development to be authorised by the proposed masterplan consent area scheme is to take place.

The Coal Authority where the development to be authorised by the proposed masterplan consent area scheme consists of—

(a)

the erection of a building, other than an alteration, extension or re-erection of an existing building or the erection of a building of a temporary character, or

(b)

the provision of a pipeline, in an area of coal working or former or proposed coal working notified by the Coal Authority to the planning authority.

Any adjoining planning authority, where the development to be authorised by the proposed masterplan consent area scheme is likely to affect land in the district of that authority

Network Rail Infrastructure Limited or any other railway undertakers likely to be affected where—

(a)

some part of the development to be authorised by the proposed masterplan consent area scheme is to be situated within 10 metres of a railway line forming part of the national railway network, or

(b)

the development to be authorised by the proposed masterplan consent area scheme is likely to result in a material increase in the volume or a material change in the character of traffic using a level crossing over a railway.

The roads authority concerned, where the development to be authorised by the proposed masterplan consent area scheme involves—

(a)

the formation, laying out or alteration of any means of access to, or is likely to create or attract traffic which will result in a material increase in the volume of traffic entering or leaving, a road (other than a trunk road) for which the planning authority are not also the roads authority, or

(b)

the formation, laying out or alteration of any means of access to land affording access to a toll road.

The Theatres Trust where the development to be authorised by the proposed masterplan consent area scheme involves any land on which there is a theatre as defined in the Theatres Trust Act 1976^f1.

Scottish Water where the development to be authorised by the proposed masterplan consent area scheme is likely to require a material addition to or a material change in the services provided by that authority.

A district salmon fishery board where the development to be authorised by the proposed masterplan consent area scheme consists of fish farming.

The Scottish Ministers and the Secretary of State where development to be authorised by the proposed masterplan consent area scheme is marine fish farm development which may affect a site designated as a controlled site under section 1 of the Protection of Military Remains Act 1986^f2.

The Crofting Commission where the development to be authorised by the proposed masterplan consent area scheme may have an adverse effect on the continued use of land for crofting.

sportscotland where the development to be authorised by the proposed masterplan consent area scheme is likely to—

(a)

result in the loss of an outdoor sports facility,

(b)

prejudice the use of an existing outdoor sports facility for that purpose, or

(c)

prevent the use of land, which was last used as an outdoor sports facility, from being used again for that purpose.

Historic Environment Scotland, where development to be authorised by the proposed masterplan consent area scheme—

(a)

is situated within 800 metres from any Royal Palace or Park, and might affect the amenities of that Palace or Park,

(b)

would include works—

(i)

for the demolition of a listed building,

(ii)

for the alteration or extension of a listed building,

(iii)

for the demolition of a building in a conservation area,

(c)

may affect—

(i)

a World Heritage Site,

(ii)

a historic garden or designed landscape,

(iii)

the site of a scheduled monument or its setting,

(iv)

the setting of a category A listed building, or

(v)

a historic battlefield.

19Interpretation of Schedule

Annotations

Footnotes

f1: 1976 c. 27.
f2: 1986 c. 35.