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

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

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).”.

(1)

S.S.I. 2008/426.

(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.