PART 3Local Development Plans

Information and considerations10

1

In preparing a local development plan the planning authority are to have regard to–

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 relating to the local development plan area;

h

the national waste management plan; and

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.

2

In addition to the matters specified in paragraph (1), in preparing a local development plan the planning authority are also to have regard to–

a

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

b

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; and

c

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 (1) references to a local development plan or a strategic development plan include, as the case may be, 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 or a proposed strategic development plan submitted to the Scottish Ministers in accordance with section 10(3)(b) or 12A(5)(b)(ii) of the Act.

4

In this regulation “local transport strategy” has the same meaning as in section 82(1) of the Transport (Scotland) Act 200110.