ANGUS LOCAL PLAN REVIEW FINALISED PLAN - Angus Council

ENVIRONMENTAL PROTECTION1.39 Effective environmental protection requires a co-ordinated approachby those with legislative responsibility for development proposals and theirconsequences. Planning authorities and environmental protection bodies(mainly SEPA and the Council’s Environmental Protection Service) havedifferent powers and functions that can on occasions overlap, andplanning controls should not duplicate other statutory controls.1.40 The need for collaboration between the relevant agencies is stressedin PAN 51 Planning and Environmental Protection and research publishedby SEDD* in 2004. Angus Council will therefore further strengthen jointworking with the other enforcing agencies to guide and control relevantforms of development. This will apply to the environmental regimes listedin PAN51 or subsequent regimes. (See also Policy S6 : DevelopmentGuidelines)SPP1 The Planning SystemThe planning system shouldnot be used to secureobjectives that are moreproperly achieved under otherlegislation. The grant ofplanning permission does notremove the need to seek otherstatutory consents nor does itimply that the consents will beforthcoming.*SEDD Research FindingsNo. 192/2004‘The Interaction between LandUse Planning andEnvironmental Regulation.’Policy S4 : Environmental ProtectionWhere development proposals raise issues under environmentalprotection regimes, developers will require to demonstrate that anyenvironmental protection matter relating to the site or thedevelopment has been fully evaluated. This will be consideredalongside planning matters to ensure the proposal would notunacceptably affect the amenity of the neighbourhood.SAFEGUARD AREAS1.41 Angus Council is required to consult a number of statutory agencies,such as the Health and Safety Executive (HSE) or the Civil AviationAuthority (CAA), where development proposals fall within the prescribedconsultation zones of notifiable installations, pipelines or hazards. Whereappropriate, the consultation areas are illustrated on the Proposals Maps.1.42 Angus contains a number of installations handling notifiablesubstances, including pipelines. Whilst they are subject to stringentcontrols under existing health and safety legislation such as the Healthand Safety at Work etc. Act 1947 and the Control of Major AccidentHazards Regulations 1999 (COMAH), it is also a requirement of EuropeanCouncil Directive 96/82/EC (Seveso II) to control the kinds of developmentpermitted in the vicinity of these installations. For this reason the PlanningAuthority has been advised by the HSE of consultation distances for eachof these installations. In determining whether or not to grant planningpermission for a proposed development within these consultationdistances the Planning Authority will consult with the HSE about risks tothe proposed development from the notifiable installation in accordancewith the Town and Country Planning (Hazardous Substances) (Scotland)Regulations 1993 (Circular 5/1993). This will take account of therequirements of the Seveso II Directive to maintain appropriate distancesbetween establishments and residential areas, areas of public use andareas of particular natural sensitivity or interest, so as not to increase therisks to people.Angus Local Plan Review12Finalised Plan