Masterplan Consent Areas (MCAs)

Part 2 of the 2019 Scottish Planning Act (section 15) sets out the legal framework for preparing Masterplan Consent Areas (MCAs). 

An MCA would grant planning consent for the development set out within the MCA Scheme documents, subject to any conditions attached.

MCAs are similar to Simplified Planning Zones that are already provided for in the 1997 Act but with expanded powers. MCAs are broader in scope as they can potentially give authorisation for Planning Consent, Roads Construction Consent, Conservation Area Consent and Listed Building Consent (if the scheme so provides). Within an adopted MCA, development could be brought forward without the need for an application for the above types of consent if it is in line with the agreed scheme.

Unlike conventional planning applications which are typically led by a developer, the preparation of MCA schemes would be led by the planning authority but could be taken forward through collaboration with developers. The new provisions allow planning authorities to prepare a MCA 'Scheme' setting out for particular places, the detail of what they are giving consent for. There will however still be requirements for publicity and consultation on individual schemes.

A Scottish Government Consultation Paper on the draft MCA Regulations helpfully provides further information although it should be noted that the consultation closed for the receipt of representations on 22 May 2024. The regulations are still to be published and not yet in force but are anticipated to be so by the end of 2024.

Consideration of the Duty to periodically consider making MCA schemes

Schedule 5A Paragraph 5 of the Town and Country Planning (Scotland) Act 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 of their consideration.The Scottish Government has also indicated that MCAs could be used help deliver the next iteration of Local Development Plans.

As the MCA regulations are not yet in place,West Lothian Council has not identified or assessed potential locations at this time but has intimated that consideration will be given to making MCAs as part of the preparatory work allied to drafting LDP 2.

The statement fulfiling the council's legal obligations under Schedule 5A Paragraph 5 of the Act is set out in the tab below and will be augmented and updated as required (at least once in each 5 year period). 

NB: There is no actual requirement on the Council to make an MCA although through the legislation introduced by the 2019 Act Scottish Ministers can direct a local planning authority to make one. 

_{This page was last updated: 17 September 2024}