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Seòmar agus comataidhean

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 4 May 2021
  6. Current session: 13 May 2021 to 22 October 2025
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Displaying 1235 contributions

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Local Government, Housing and Planning Committee

Subordinate Legislation

Meeting date: 29 October 2024

Ivan McKee

We are comfortable that its being available online is sufficient. I understand that that will have been part of the consultation process. Kristen, do you want to comment on the specifics?

Local Government, Housing and Planning Committee

Subordinate Legislation

Meeting date: 29 October 2024

Ivan McKee

I will defer to my officials, who will be able to give more detail on the consultation process through which members of the public will have the opportunity to have sight of the amendments and comment on them. Perhaps Ruairidh Anderson would like to say more about that.

09:15  

Local Government, Housing and Planning Committee

Subordinate Legislation

Meeting date: 29 October 2024

Ivan McKee

Yes. I will let my officials comment on that, too, but it would be the same process as for the creation of an LDP. It would come to ministers and we would consider it in most, or indeed all, cases. Ruairidh, will you clarify that point?

Local Government, Housing and Planning Committee

Subordinate Legislation

Meeting date: 29 October 2024

Ivan McKee

There is scope within the regulations for planning authorities to pass that cost on to the developer. That scope has been built in specifically with that situation in mind.

Local Government, Housing and Planning Committee

Subordinate Legislation

Meeting date: 29 October 2024

Ivan McKee

It is a legitimate point. I think that William Carlin will come in in a minute on this, but I understand that the environmental impact assessment would be done on the basis of the proposal for the MCA—what was going to be allowed to happen in the MCA—so it would be designed to cover that provision. What you are allowed to do in the MCA must be aligned with what has been approved, which would have the EIA associated with it. William, do you want to comment on that?

Local Government, Housing and Planning Committee

Subordinate Legislation

Meeting date: 29 October 2024

Ivan McKee

Again, I will let Kristen Anderson come in on the detail of that, but I highlight that the 30-day period is specified in the SSI. The guidance is really just—as it says—to assist those who are going through the process in how they take things forward.

I will let Kristen talk you through the specifics of what the engagement process would look like for larger MCA applications.

Local Government, Housing and Planning Committee

Subordinate Legislation

Meeting date: 29 October 2024

Ivan McKee

There is always a process to be gone through to get an MCA approved, and the local authority absolutely has the scope to alter it throughout the process on the basis of any input that it might receive. The MCA process is designed to be a proactive one, in which the planning authority identifies the needs and works with partners collaboratively to take forward something that it thinks will meet those needs. On the specific question, hearings would be required in circumstances where the scheme covered a national development as identified in NPF4.

Local Government, Housing and Planning Committee

Subordinate Legislation

Meeting date: 29 October 2024

Ivan McKee

Again, I will ask my officials to clarify the specific details on that. The MCA process would broadly follow the existing process for planning applications. There would be an opportunity for members of the public to comment, and there would be consultation, depending on the scope and scale of the proposal. Ruairidh, will you clarify that point?

Local Government, Housing and Planning Committee

Subordinate Legislation

Meeting date: 29 October 2024

Ivan McKee

Yes: that is exactly one of the situations where an LDP could be amended in the light of new evidence coming forward. If a local place plan that a community produces misses the initial deadline, the planning authority might want to take that on board, and the regulations give it the scope to do that and make provision for it.

Planning authorities have clearly been involved in the consultation on introducing the proposed scope for making amendments under the relevant SSI. However, they are at various stages of pulling together their initial LDPs, so we are not yet at the stage when they would be thinking about amendments.

Local Government, Housing and Planning Committee

Subordinate Legislation

Meeting date: 29 October 2024

Ivan McKee

Thank you, convener, and good morning to you and to the committee.

I thank the committee for the opportunity to briefly outline the aim and purpose of these new planning provisions. The provisions are contained across four Scottish statutory instruments. They are technical procedural regulations that deliver principles that are already established in the Planning (Scotland) Act 2019.

Scotland’s plan-led system of development is widely supported. The regulations are an integral part of the Scottish Government’s wider planning reform programme, with which the committee will be familiar. The regulations provide further procedural information regarding amending the development plan and developing masterplan consent areas.

The powers for making amendments to the development plan are set out in primary legislation by changes made to the Town and Country Planning (Scotland) Act 1997 by the Planning (Scotland) Act 2019. The amendment regulations that are being laid regarding the national planning framework and local development plans provide the details of how the primary legislation’s requirements should be fulfilled. We have sought proportionality across both sets of amendment regulations while incorporating appropriate checks and balances to ensure transparency and fairness.

The 2019 act introduced powers to establish masterplan consent areas, and further regulations are required to set out the detailed procedures for their preparation and adoption. Masterplan consent areas are an up-front planning consent that provides certainty and makes places more attractive to investors.

We envisage that MCAs could enable development on a range of scales and in different parts of Scotland. For example, they could be used to help deliver national developments on green ports and new homes in urban and rural areas. Our 2024-25 programme for government commits us to support early adopters through the roll-out of MCAs, and officials are already engaging with several planning authorities to help them move forward.

Each of the sets of regulations that are being discussed today was informed by engagement with key stakeholders and a public consultation. Overall, respondents were generally supportive of the proposed approach in the regulations and I assure the committee that the regulations that are being considered today have taken account of the comments raised through the public consultations. We have published a report with a summary of responses to the consultations.

For the amendment regulations, there was strong agreement with the proportionate approach and the flexibility given to planning authorities in it. Similarly, for the MCA regulations, there was broad agreement that regulations should be kept to the minimum necessary in order to provide for maximum flexibility. Much of the detail of our expectations for MCAs will be set out in guidance that we will publish when the regulations come into force.

The draft Masterplan Consent Area Scheme (Environmental Impact Assessment) (Scotland) Regulations 2024 mirror the provisions in the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 and ensure that MCA schemes are compatible with wider EIA requirements. Respondents to the consultation welcomed that approach.

I welcome the opportunity to answer any questions that the committee might have regarding the details contained in the regulations.