Regulation 20 Regard to be had to certain matters and statement of regard

(1)

In formulating their general policies in Part 1 of a unitary development plan, the local planning authority shall, in addition to the matters specified in section 12(6), have regard to–

(a)

economic, environmental and social considerations;

(b)

the national waste strategy;

(c)

the objectives of preventing major accidents and limiting the consequences of such accidents; and

(d)

the need;

(i)

in the long term, to maintain appropriate distances between establishments and residential areas, areas of public use and areas of particular 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.

(2)

In formulating their proposals in Part II of a unitary development plan, or their policies in a local plan, waste local plan or minerals local plan, a local planning authority shall have regard to the matters specified in section 12(6) and in paragraph (1).

(3)

The reasoned justification of the general policies in Part I and of the proposals in Part II of a unitary development plan, and of the policies formulated in a local plan, minerals local plan, or waste local plan, shall contain a statement of–

(a)

the regard which the local planning authority have had to the matters specified in section 12(6) and paragraph (1);

(b)

the reason for any inconsistency between the policies or proposals and the national waste strategy; and

(c)

the account which the authority have taken of any enterprise zone scheme in their area.

(5)

In this regulation “the Directive” means Council Directive 96/82/EC on the control of major-accident hazards involving dangerous substances^f1.

(6)

Expressions appearing both in the Directive and in paragraph (1) have the same meaning as in the Directive.

Annotations

Footnotes

f1: O.J. No. L10, 14.1.1997, p. 13.