OpenLegislation

Regulation 9 Regard to be had to certain matters and statement of regard

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

  • reg. 9(1)(b) substituted by Waste 2011 Sch. 4 para. 12(3)
(1)

In formulating their general policies in a structure plan, the local planning authority shall, in addition to the matters specified in section 31(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)

The explanatory memorandum accompanying proposals for the alteration or replacement of a structure plan shall contain a statement of the regard which the local planning authority have had in formulating their general policies to the matters specified in section 31(6) and paragraph (1).

(3)

In this regulation “the Directive” means Council Directive 96/82/EC on the control of major-accident hazards involving dangerous substancesf1.

(4)

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.