The Developments of National Significance (Specified Criteria and Prescribed Secondary Consents) (Wales) (Amendment) Regulations 2016

• Citation: S.I. 2016/358 (W.)
• Sections: 3

Section 1 Title, commencement and application

(1) The title of these Regulations is the Developments of National Significance (Specified Criteria and Prescribed Secondary Consents) (Wales) (Amendment) Regulations 2016 and they come into force on the day after the day on which they are made.

(2) These Regulations apply to all land in Wales.

Section 2 Amendment of the Developments of National Significance (Specified Criteria and Prescribed Secondary Consents) (Wales) Regulations 2016

(1) The Developments of National Significance (Specified Criteria and Prescribed Secondary Consents) (Wales) Regulations 2016 are amended as set out in regulation 3 .

(2) If —

(a) the Onshore Wind Generating Stations (Exemption) (England and Wales) Order 2016 ; and

(b) the Infrastructure Planning (Onshore Wind Generating Stations) Order 2016 .

have not come into force on the day these Regulations come into force, the amendments made by regulation 3 do not have effect until those Orders have come into force.

Section 3 Amendment of the Developments of National Significance (Specified Criteria and Prescribed Secondary Consents) (Wales) Regulations 2016

(1) In regulation 2 (Interpretation) at the appropriate place insert “the 2008 Act ” (“ Deddf 2008 ”) means the Planning Act 2008 ”.

(2) In regulation 3(1)(a) after “generating station” insert “other than an onshore wind generating station”;

(3) After regulation 3(1)(a) insert—

(aa) the construction, extension or alteration of an onshore wind generating station that generates electricity

(4) In regulation 4(3) (Generating stations)—

(a) in the definition of “generating station” (“ gorsaf gynhyrchu ”) after “that generate electricity” insert “but does not include an onshore wind generating station”;

(b) at the appropriate place insert—

“onshore wind generating station” (“ gorsaf cynhyrchu trydan o ynni’r gwynt ar y tir ”) means a generating station which—

generates electricity from wind;

is situated in Wales but not in waters in or adjacent to Wales up to the seaward limits of the territorial sea; and

is not a generating station in respect of which a consent—

under section 36(1) of the Electricity Act 1989 ; or

under section 114 of the 2008 Act,

was granted prior to the respective coming into force of the Orders and remains in force.

is not a generating station in respect of which—

an application for an order granting development consent has been accepted by the Secretary of State under section 55 of the 2008 Act (Acceptance of applications) but not decided before the day on which the Orders come into force; or

following a judicial review of any decision to refuse to accept an application for development consent or to refuse development consent, an application for an order granting development consent has been accepted by the Secretary of State, but not decided before the day on which the Orders come into force.

(c) at the appropriate place insert—

“the Orders” (“ y Gorchmynion ”) means—

the Onshore Wind Generating Stations (Exemption) (England and Wales) Order 2016 ; and

the Infrastructure Planning (Onshore Wind Generating Stations) Order 2016

(d) After regulation 4 insert—

Onshore Wind Generating Stations

(4A)

(1) The construction of an onshore wind generating station is within regulation 3(1)(aa) only if the onshore wind generating station is expected to have (when constructed) an installed generating capacity of 10 megawatts or above.

(2) The extension or alteration of an onshore wind generating station is within regulation 3(1)(a) only if the effect of the extension or alteration is expected to increase the installed generating capacity by at least 10 megawatts.

(3) In this regulation “onshore wind generating station” and “installed generating capacity” have the meanings given in regulation 4(3).