Paragraph 209 Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013

Schedule 5 (consultation by the planning authority) to the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 M1 are amended as follows.

In paragraph 3 after “substances” insert “ (otherwise than on a relevant nuclear site) ”.

After paragraph 3 insert—

“3A

The Office for Nuclear Regulation where the development is within an area which has been notified to the planning authority by the Office for Nuclear Regulation for the purpose of this provision because of the presence within the vicinity of toxic, highly reactive, explosive or inflammable substances on a relevant nuclear site and which involves the provision of—

(a)

residential accommodation;

(b)

more than 250 square metres of retail floor space;

(c)

more than 500 square metres of office floor space; or

(d)

more than 750 square metres of floor space to be used for an industrial process,

or which is otherwise likely to result in a material increase in the number of persons working within or visiting the notified area.”.

In sub-paragraph (1) of the interpretation section after the definition of “outdoor sports facility” insert—

““relevant nuclear site” means a site which is—

1. (a)

   a nuclear site (within the meaning given in section 112(1) of the Energy Act 2013);

2. (b)

   an authorised defence site (within the meaning given in regulation 2(1) of the Health and Safety (Enforcing Authority) Regulations 1998);

3. (c)

   a new nuclear build site (within the meaning given in regulation 2A of those 1998 Regulations).”.