Regulation 13 LDP : additional matters to which regard to be hadI1

England and Wales

(1)

The matters (additional to those specified in sections 39 and 62(5)(a) to (f)) prescribed for the purposes of section 62(5) are—

(a)

any local transport plan, the policies of which affect any part of the LPA’s area;

(b)

any other policies prepared under section 108(1) and (2) of the Transport Act 2000^f1 which affect any part of the LPA’s area;

F1(c)

the objectives of preventing major accidents and limiting the consequences of such accidents for human health and the environment F2...;

F3(d)

the need, in the long term—

(i)

to maintain appropriate safety distances between establishments 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;

(F4iii)

in the case of existing establishments, to facilitate and encourage operators to take all necessary measures to prevent major accidents and to limit their consequences for human health and the environment.

(e)

the Waste Strategy for Wales;

F5(f)

any marine plan adopted and published by the Welsh Ministers under Part 3 of the Marine and Coastal Access Act 2009 which affects any part of the LPA’s area; and

(g)

any local housing strategy, the policies of which affect any part of the LPA’s area.

(2)

Expressions appearing both in paragraph (1) and in F6Directive 2012/18/EU have the same meaning as in that Directive.

(3)

In paragraph (1)(a), “local transport plan” has the same meaning as in section 108(3) of the Transport Act 2000.

Annotations

Textual amendments

F1: Reg. 13(1)(c) substituted (4.9.2015) by The Planning (Hazardous Substances) (Wales) Regulations 2015 (S.I. 2015/1597), reg. 1(1), Sch. 5 para. 1(2)(a) (with reg. 36)
F2: Words in reg. 13(1)(c) omitted (31.12.2020) by virtue of The Town and Country Planning (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/456), regs. 1, 3(a); 2020 c. 1, Sch. 5 para. 1(1)
F3: Reg. 13(1)(d) substituted (4.9.2015) by The Planning (Hazardous Substances) (Wales) Regulations 2015 (S.I. 2015/1597), reg. 1(1), Sch. 5 para. 1(2)(b) (with reg. 36)
F4: Reg. 13(1)(d)(iii) substituted (31.12.2020) by The Town and Country Planning (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/456), regs. 1, 3(b); 2020 c. 1, Sch. 5 para. 1(1)
F5: Words in reg. 13(f) substituted (28.8.2015) by The Town and Country Planning (Local Development Plan) (Wales) (Amendment) Regulations 2015 (S.I. 2015/1598), regs. 1(1), 2(8) (with reg. 3)
F6: Words in reg. 13(2) substituted (4.9.2015) by The Planning (Hazardous Substances) (Wales) Regulations 2015 (S.I. 2015/1597), reg. 1(1), Sch. 5 para. 1(2)(c) (with reg. 36)

Commencement

I1: Reg. 13 in force at 15.10.2005, see reg. 1(1)

Footnotes

f1: 2000 c. 38.