Search Legislation

The Town and Country Planning (Hazardous Substances) (Scotland) Regulations 2015

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Amendment of the Town and Country Planning (Development Planning) (Scotland) Regulations 2008

This section has no associated Policy Notes

2.—(1) The Town and Country Planning (Development Planning) (Scotland) Regulations 2008(1) are amended in accordance with this paragraph.

(2) In regulation 1(2) (citation, commencement and interpretation), for the definition of “Directive” substitute—

the Directive” means 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(2);.

(3) In regulation 3(2) (strategic development plans: information and considerations), for sub-paragraphs (a) to (c)(3) substitute—

(a)the objectives of preventing major accidents and limiting the consequences of such accidents for human health and the environment; and

(b)the need in the long term—

(i)to maintain appropriate safety distances between establishments covered by the Directive and residential areas, buildings and areas of public use, recreational areas and, as far as possible, major transport routes;

(ii)to protect areas of particular natural sensitivity or interest in the vicinity of establishments, where appropriate through appropriate safety distances or other relevant measures; and

(iii)in the case of existing establishments, to take additional technical measures in accordance with Article 5 of the Directive so as not to increase the risks to human health and the environment..

(4) In regulation 10(2) (local development plans: information and considerations), for sub-paragraphs (a) to (c)(4) substitute—

(a)the objectives of preventing major accidents and limiting the consequences of such accidents for human health and the environment; and

(b)the need in the long term—

(i)to maintain appropriate safety distances between establishments covered by the Directive and residential areas, buildings and areas of public use, recreational areas and, as far as possible, major transport routes;

(ii)to protect areas of particular natural sensitivity or interest in the vicinity of establishments, where appropriate through appropriate safety distances or other relevant measures; and

(iii)in the case of existing establishments, to take additional technical measures in accordance with Article 5 of the Directive so as not to increase the risks to human health and the environment..

(5) In regulation 27 (supplementary guidance), at the beginning insert—

(A1) In preparing any supplementary guidance for the purpose of section 22(1) of the Act—

(a)a strategic development planning authority must have regard to the matters referred to in regulation 3(2); and

(b)a planning authority must to have regard to the matters referred to in regulation 10(2)..

(2)

OJ L 197, 24.7.2012, p.1.

(3)

Sub-paragraph (b) was substituted by S.S.I. 2009/378.

(4)

Sub-paragraph (b) was substituted by S.S.I. 2009/378.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Policy Note

Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources