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5.—(1) The Town and Country Planning (Structure and Local Plans) (Scotland) Regulations 1983(1) shall be amended as follows.
(2) In regulation 2 (interpretation), after paragraph (2) add–
“(3) In regulations 7(3) and 25(3)–
(a)“the Directive” means Council Directive 96/82/EC on the control of major-accident hazards involving dangerous substances; and
(b)expressions which are also used in the Directive shall have the same meaning as in the Directive.”.
(3) In regulation 7 (matters to be contained in a structure plan), after paragraph (2) add–
“(3) In preparing a structure plan, a planning authority shall, in addition to any other matters which they are required to have regard to, have regard to–
(a)the objectives of preventing major accidents and limiting the consequences of such accidents; and
(b)the need–
(i)in the long term, to maintain appropriate distances between establishments and residential areas, areas of public use and areas of particular natural sensitivity or interest; and
(ii)in the case of existing establishments, for additional technical measures in accordance with Article 5 of the Directive so as not to increase the risks to people.”.
(4) In regulation 25 (matters to be contained in a local plan), after paragraph (2) add–
“(3) In preparing a local plan, a planning authority shall, in addition to any other matters which they are required to have regard to, have regard to–
(a)the objectives of preventing major accidents and limiting the consequences of such accidents; and
(b)the need–
(i)in the long term, to maintain appropriate distances between establishments and residential areas, areas of public use and areas of particular natural sensitivity or interest; and
(ii)in the case of existing establishments, for additional technical measures in accordance with Article 5 of the Directive so as not to increase the risks to people.”.
S.I. 1983/1590, to which there are amendments not relevant to these Regulations.
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