The Infrastructure Planning (Onshore Wind Generating Stations) Order 2016

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Planning Act 2008 (c. 29) (the “Act”) such that no onshore generating stations which generate electricity from wind are to be consented under the regime specified in the Act, unless a specific saving provided for in this Order applies to the particular application for “development consent” made under the Act.

Article 2 defines an onshore generating station for the purposes of this Order as a generating station in England and Wales which is not located in waters out to the seaward (outer) limits of the territorial sea.

Article 3 amends section 15(2) of the Act to remove onshore generating stations which generate electricity from wind from the definition of those onshore generating stations in England and Wales that require development consent under the Act.

Article 4 provides that article 3 applies subject to transitional and savings provisions set out in articles 5 to 8 of the Order.

Article 5 makes provision relating to applications to develop onshore wind generating stations which have been submitted and accepted by the Secretary of State in accordance with the procedure set out in the Act (but not decided) before this Order comes into force. For these applications the process continues to go forward under the Act as it would have done if the Order had not been made. The options for challenge provided under the Act will continue to apply to any order made granting consent, or a decision to refuse consent. If an order is made granting development consent from such an application, its provisions will continue to have effect and any provisions in the Act that would have applied had this Order not been made will continue to have effect in respect of the consent order and the development itself.

Article 6 makes provision relating to any decision to refuse to accept an application under section 55 of the Act. The provisions of the Act continue to apply to the refusal. If, following a judicial review of the refusal, an application is accepted, article 5 will apply as if the application had been accepted but not decided prior to the entry into force of the Order.

Article 7 makes provision relating to development consent orders for onshore wind generating stations which have been made before this Order comes into force. The provisions of these consent orders will continue to have effect and any provisions in the Act that would have applied had this Order not been made will continue to have effect, in respect of the consent order and the development itself.

Article 8 makes provision relating to any decision to refuse development consent under the Act. The provisions of the Act continue to apply to the refusal. If, following a judicial review of the refusal, an application is accepted, article 7 will apply as if as order granting development consent had been made prior to the entry into force of the Order.

A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is annexed to the Explanatory Memorandum for this Order on www.legislation.gov.uk.