Town And Country Planning Citation and commencement 1 These Regulations may be cited as the Town and Country Planning (Masterplan Consent Areas) (Scotland) Regulations 2024 and come into force on 5 December 2024. Interpretation 2 In these Regulations— “ the Act ” means the Town and Country Planning (Scotland) Act 1997, “ community council ” means a community council established under Part IV of the Local Government (Scotland) Act 1973 , “ neighbouring land ” means an area or plot of land (other than land forming part of a road) which, or part of which, is conterminous with or within 20 metres of the boundary of the area in respect of which the planning authority propose to make a masterplan consent area scheme, “period for representations” is the period specified in regulation 4(5), “ road ” has the same meaning as in section 151 of the Roads (Scotland) Act 1984 . Consultation on possible proposals for a masterplan consent area scheme 3 1 The requirements as to consultation for the purposes of paragraph 8(1)(a) of schedule 5A of the Act are specified in this regulation. 2 The planning authority must hold at least two public events where members of the public may make comments to the planning authority in respect of proposals to make a masterplan consent area scheme. 3 The planning authority must publish on the internet— a a map showing the area in respect of which the planning authority are considering making a masterplan consent area scheme, and b a notice containing the information specified in paragraph (5). 4 The planning authority must send a notice containing that information to the community council, if any, for an area in respect of which the planning authority are considering making a masterplan consent area scheme, 5 The information is— a a description in general terms of the development in respect of which the planning authority are considering the formulation of proposals for a masterplan consent area scheme, b a description of the area in respect of which the planning authority are considering making a masterplan consent area scheme and a statement that that a map showing that area is to be published on the internet under paragraph (3)(a), c information as to how, to whom and by what date representations may be made in respect of proposals to make a masterplan consent area scheme, d the date and place of the public events. 6 Paragraphs (2) and (5)(d) only apply where the planning authority consider that development in respect of which the planning authority are considering the formulation of proposals for a masterplan consent area scheme may belong to the categories of national developments or major developments. 7 A public event held by the planning authority in accordance with paragraph (2) is not to be held earlier than 7 days after notification of the date and place of the public event is given under paragraph (5)(d) and the final public event must be held at least 14 days after the first public event. 8 The planning authority must at the final public event provide feedback to members of the public in respect of comments received by the planning authority as regards proposals to make a masterplan consent area scheme. 9 For a representation to be treated as valid for the purposes of paragraph 8(1)(b) of schedule 5A of the Act it must be made on or before the date specified in the notice in accordance with paragraph (5)(c). Consultation on proposals for a masterplan consent area scheme 4 1 For the purposes of paragraph 9(1)(a) of schedule 5A of the Act, the requirements for publicising and inviting representations in relation to proposals for making a masterplan consent area scheme are specified in this regulation and the schedule to these Regulations. 2 The planning authority must publish on the internet— a a copy of the proposed masterplan consent area scheme, b a notice containing the information specified in paragraph (4). 3 The planning authority must send a notice containing that information— a to any person (other than the planning authority) who is an owner of land to which the proposed masterplan consent area scheme relates, b where there are premises situated on neighbouring land to which the notice can be sent, to the owner, lessee or occupier of those premises, c to persons, authorities and bodies in accordance with the schedule. 4 The information is— a a statement that the proposed masterplan consent area scheme has been prepared and how it may be inspected, b a brief description of the content and purpose of the proposed masterplan consent area scheme, c details of how further information may be obtained regarding the proposed masterplan consent area scheme, including that it is to be published on the internet under paragraph (2)(a), d a statement that any person wishing to do so may make representations on the content of the proposed masterplan consent area scheme before the end of the period for representations, and e information as to how and to whom any representations should be made including information stating when the period for representations expires. 5 The period for representations for the purposes of paragraph 9 of schedule 5A of the Act is the period of 30 days beginning with the latest date on which notice is published under paragraph (2)(b) or is sent under paragraph (3). 6 A notice required to be sent to the owner, lessee or occupier of premises under paragraph (3)(b) may be sent by sending the notice to the premises addressed to “the Owner, Lessee or Occupier”. Consideration of representations: hearings 5 1 The circumstances in which a planning authority must hold a hearing under paragraph 11(1) of schedule 5A of the Act are that the proposed masterplan consent area scheme would authorise development belonging to the category of national developments. 2 For the purposes of paragraph 11(1) of schedule 5A of the Act the persons who must be given an opportunity to appear before and be heard by a committee of the planning authority at a hearing under that paragraph are any person who is an interested party. 3 In this regulation “ interested party ” means a person from whom the planning authority received representations before the end of the period for representations (and which were not subsequently withdrawn) in response to a notice published or sent in accordance with regulation 4 in connection with the proposed masterplan consent area scheme. Information to be included in a masterplan consent area scheme 6 Where a masterplan consent area scheme specifies any condition, limitation or exception to which the scheme is subject the scheme must also set out the reasons for specifying such condition, limitation or exception. Publication of masterplan consent area scheme and notification of decision 7 1 Where a masterplan consent area scheme is made by a planning authority, the planning authority must— a publish on the internet a copy of the scheme and a notice of the decision to make the scheme containing the information specified in paragraph (2) (“the decision notice”), and b give notice of the making of the scheme in accordance with paragraph (3). 2 The information is— a a statement that the masterplan consent area scheme has been made and how it may be inspected, b the main reasons and considerations on which the decision is based including reasons for any conditions, limitations or exceptions, c information about the arrangements taken to ensure the public had the opportunity to participate in the decision making procedures, d information regarding the right to challenge the validity of the decision and the procedures for doing so. 3 Notification of the making of the scheme is to be by publishing in a local newspaper circulating in the area and on the internet a notice containing— a a statement that the masterplan consent area scheme has been made b information as to how the scheme and the decision notice may be inspected. 4 The planning authority must make a copy of the masterplan consent area scheme available for inspection at an office of the planning authority. Alteration of a masterplan consent area scheme 8 1 Regulations 2 to 4 and 6 and 7 apply to the alteration of a masterplan consent area scheme by a planning authority as they apply to the making of a masterplan consent area consent area scheme by a planning authority with the modifications specified in paragraphs (2) to (4). 2 References to— a proposals to make a masterplan consent area scheme are treated as if they were references to proposals to alter a masterplan consent area scheme, b a proposed masterplan consent area scheme are treated as if they were references to a proposed alteration to a masterplan consent area scheme, c to the making of a masterplan consent area scheme are treated as if they were references to the alteration of a masterplan consent area scheme. 3 Regulation 3 applies as if paragraphs (2), (5)(d), (6), (7) and (8) were omitted. 4 Regulation 7 applies as if— a for paragraph (2)(a) there were substituted— a a statement that the masterplan consent areas scheme has been altered and how the scheme as altered may be inspected, , b in paragraph (3)(b) the reference to the masterplan consent area scheme were a reference to the masterplan consent area scheme as altered. Excluded development: European sites 9 1 No masterplan consent area scheme grants authorisation for development which— a is likely to have an adverse effect on a European site in Great Britain or a European offshore marine site (either alone or in combination with other plans or projects), and b is not directly connected with or necessary to the management of the site. 2 In this regulation— “ European site ” means a European site within the meaning of regulation 10 of the Conservation (Natural Habitats, &c.) Regulations 1994 , “ European offshore marine site ” means a European offshore marine site within the meaning of regulation 18 (meaning of European offshore marine site) of the Conservation of Offshore Marine Habitats and Species Regulations 2017 . Amendment of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 10 1 The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 are amended in accordance with paragraph (2). 2 In schedule 2 (registers under section 36(1)) after paragraph 5 (certificates of lawful use or development) insert— 5A The register kept by the planning authority must also contain the following information in respect of every masterplan consent area scheme made, or proposed to be made, in respect of land in the district of the planning authority— a a copy of the proposed scheme or proposed alteration to a scheme published under regulation 4 of the Town and Country Planning (Masterplan Planning (Masterplan Consent Areas) (Scotland) Regulations 2024, b a copy of the decision notice published under regulation 7 of those Regulations, c a copy of the masterplan consent area scheme made, or as altered, under paragraph 4, 15 or 16 of Schedule 5A of the Act. . IVAN MCKEE Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 19th September 2024