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Planning (Scotland) Act 2019

Further provision about effect of scheme

99.New section 54E provides in subsection (1) that the MCA scheme operates on a stand-alone basis. This means that any restrictions on development authorised by the scheme must be included within the scheme itself. The authorisations in a scheme are not to be impeded by any restrictions in any other grant of permission, consent or authorisation. For example, this means that if a particular development has been granted planning permission on a more restricted basis but an MCA scheme is then granted which authorises the development without restriction, the developer who is about to carry out the development is entitled to do so in accordance with the terms of the MCA.

100.New section 54E confirms in subsection (2) that nothing in a scheme can restrict anyone’s rights to do anything that is not development (and therefore does not require planning permission) or to carry out development for which planning permission is not required or has been otherwise granted (e.g. existing permitted development rights).

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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.


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