The Infrastructure Planning (Onshore Wind Generating Stations) Order 2016

• Citation: S.I. 2016/306
• Sections: 8

Section 1 Citation and Commencement

(1) This Order may be cited as the Infrastructure Planning (Onshore Wind Generating Stations) Order 2016.

(2) This Order comes into force on the day after the day on which it is made.

Section 2 Interpretation

In this Order—

“ the Act ” means the Planning Act 2008;

“onshore generating station” means a generating station which—

is situated in England or Wales; and

is not situated in waters adjacent to England or Wales up to the seaward limits of the territorial sea.

Section 3 Amendments to section 15 of the Planning Act 2008

In section 15 of the Act (generating stations), after subsection (2)(a) insert—

(aa) it does not generate electricity from wind,

Section 4 Transitional and savings

Article 3 applies subject to the transitional and savings provisions provided for in Articles 5 to 8 below.

Section 5 Transitional and savings

(1) Paragraph (2) applies where an application for an order granting development consent—

(a) has been accepted in accordance with section 55 of the Act (acceptance of applications) but not decided before the day on which this Order comes into force; and

(b) is for the construction or extension of an onshore generating station that generates electricity from wind.

(2) In such a case—

(a) the application must continue to be considered in accordance with the provisions of the Act;

(b) the provisions of the Act are to continue to apply to any order granting development consent that is made as a result of the application or to any refusal of development consent resulting from the application;

(c) any such order is to have effect, and the provisions of the Act are to continue to apply, in relation to—

(i) the development in respect of which the order is made; and

(ii) anything else authorised or required by the order;

(d) where any such order is amended or changed under the provisions of Schedule 4 or 6 to the Act, the order is to have effect, and the provisions of the Act are to continue to apply, in relation to—

(i) the development in respect of which the order as amended or changed has effect; and

(ii) anything else authorised or required by the order as amended or changed;

(e) where any such order is amended or changed, or a new or replacement order is made, as a result of a judicial review, the order is to have effect, and the provisions of the Act are to continue to apply, in relation to—

(i) the development in respect of which the order as amended or changed, or the new or replacement order, has effect; and

(ii) anything else authorised or required by the order as amended or changed, or the new or replacement order.

Section 6 Transitional and savings

(1) Paragraph (2) applies where, before the day on which this Order comes into force, a decision has been made under section 55 of the Act not to accept an application for an order granting development consent for the construction or extension of an onshore generating station that generates electricity from wind.

(2) In such a case—

(a) the provisions of the Act are to continue to apply to the decision; and

(b) if the decision is overturned on a judicial review and the application is subsequently accepted under section 55 of the Act, article 5 of this Order applies as if the application had been accepted in accordance with section 55 of the Act before the day on which this Order comes into force.

Section 7 Transitional and savings

(1) Paragraph (2) applies to an order granting development consent for the construction or extension of an onshore generating station that generates electricity from wind, where the order has been made before the day on which this Order comes into force.

(2) In such a case—

(a) the provisions of the Act are to continue to apply to the order;

(b) the order is to have effect, and the provisions of the Act are to continue to apply, in relation to—

(i) the development in respect of which the order has been made; and

(ii) anything else authorised or required by the order;

(c) where the order is amended or changed under the provisions of Schedule 4 or 6 to the Act, the order is to have effect and the provisions of the Act are to continue to apply, in relation to—

(i) the development authorised by the order as amended or changed; and

(ii) anything else authorised or required by the order as amended or changed;

(d) where the order is amended or changed, or a replacement order is made, as a result of a judicial review, the order is to have effect, and the provisions of the Act are to continue to apply, in relation to—

(i) the development in respect of which the order as amended or changed, or the replacement order, has effect; and

(ii) anything else authorised or required by the order as amended or changed, or the replacement order.

Section 8 Transitional and savings

(1) Paragraph (2) applies where, before the day on which this Order comes into force, an application for an order granting development consent for the construction or extension of an onshore generating station that generates electricity from wind has been refused.

(2) In such a case—

(a) the provisions of the Act are to continue to apply to the refusal; and

(b) if the refusal is overturned on a judicial review and an order granting development consent is made, article 7 of this Order applies as if development consent had been granted by an order made before the day on which this Order comes into force.