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ANNEX A
Draft Regulations laid before the Scottish Parliament under section 275(7A) of the Town and Country Planning (Scotland) Act 1997, for approval by resolution of the Scottish Parliament.
SCOTTISH STATUTORY INSTRUMENTS
2007 No. TOWN AND COUNTRY PLANNING
The Town and Country Planning (Development Plans) (Scotland) Regulations 2007
Made - - - - 2007
Coming into force 2007
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 7(1)(d) and 19(10)(a)(i) of the Town and Country Planning (Scotland) Act 1997( 2) and of all other powers enabling them to do so. In accordance with section 275(7A) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament:
Citation, commencement and interpretation
1. - (1) These Regulations may be cited as the Town and Country Planning (Development Plans) (Scotland) Regulations 2007 and shall come into force on [ ] 2007.
(2) In these Regulations-
"the Act" means the Town and Country Planning (Scotland) Act 1997;
"Directive" means Council Directive 96/82/EC on the control of major accident hazards involving dangerous substances;
"local development plan area" means the area of land to which a local development plan relates;
"local housing strategy" means a strategy (and any modified strategy) prepared and submitted to the Scottish Ministers in accordance with section 89 of the Housing (Scotland) Act 2001( 3);
"local transport strategy" has the same meaning as in section 82(1) of the Transport (Scotland) Act 2001( 4);
"national waste management plan" has the same meaning as in the National Waste Management Plan for Scotland Regulations 2007( 5);
"regional transport strategy" means a transport strategy approved by the Scottish Ministers under section 6 of the Transport (Scotland) Act 2005( 6);
"river basin management plan" means a river basin management plan approved by the Scottish Ministers under section 13(1) of the Water Environment and Water Services Act 2003( 7).
(3) Expressions which are used in paragraphs (i) to (j) of regulation 3(2) and which are also used in the Directive have the same meaning as in the Directive.
Content of strategic development plan
2. In addition to those matters specified by the Act, a strategic development plan is to set out the following matters:-
(a) the name by which the strategic development plan area is to be known for the purposes of the strategic development plan;
(b) a list of the planning authorities comprising the strategic development planning authority;
(c) policies regarding the location of housing, economic and retail development, infrastructure improvements and the types of location that should be protected from development;
(d) a summary of the vision statement, the proposals comprising the spatial strategy and the policies set out in pursuance of paragraph (c);
(e) a reasoned justification for the policies and proposals contained in the strategic development plan; and
(f) a glossary.
Grounds for declining to follow recommendations
3. - (1) The grounds, for the purposes of section 19(10)(a)(i) of the Act, on which a planning authority may decline to make modifications to a proposed local development plan as recommended by an appointed person are-
(a) the recommendation, if followed, would-
(i) have the effect of making the proposed local development plan inconsistent with the National Planning Framework;
(ii) have the effect that the proposed local development plan would not be consistent with the strategic development plan for the land to which the proposed local development plan relates;
(iii) would result in the proposed local development plan containing a proposal which had been identified by the environmental report prepared in connection with the proposed local development plan in accordance with the Environmental Assessment (Scotland) Act 2005( 8) as a proposal which, if implemented, would be likely to have a significant adverse effect on the environment;
(b) the recommendation is made without regard to information and considerations mentioned in paragraph (2);
(c) the recommendation is based on findings of fact which are manifestly not supported by the evidence considered in the course of the examination under section 19(3) of the Act.
(2) The information and considerations are-
(a) the resources available or likely to be available for the carrying out of the policies and proposals set out in the local development plan;
(b) any local development plan prepared for a different purpose for the local development plan area;
(c) any local development plan or strategic development plan prepared for an area adjoining the local development plan area;
(d) any regional transport strategy relating to the local development plan area;
(e) any local transport strategy relating to the local development plan area;
(f) any river basin management plan relating to the local development plan area;
(g) any local housing strategy related to the local development plan area;
(h) the national waste management plan;
(i) where the local development plan area adjoins land in England, any regional spatial strategy or local development framework published in respect of that land;
(j) the objectives of preventing major accidents and limiting the consequence of such accidents;
(k) the need 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;
(l) the need 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.
(3) In paragraph (2) references to a local development plan include a reference to a proposed local development plan submitted to the Scottish Ministers in accordance with section 18(4)(a) or section 19A(5)(b)(ii) of the Act.
Authorised to sign by the Scottish Ministers
St Andrew's House,
Edinburgh
2007
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