PART 3E+WPLANNING PERMISSION

Prospective

CHAPTER 8E+WPLANNING PERMISSION FOR DEVELOPMENT WITH GOVERNMENT AUTHORISATION

88Consent for electricity generating stations and electric linesE+W

(1)On granting or varying a consent under section 36 or 37 of the Electricity Act 1989 (c. 29) (consent for generating station or electric line), the Welsh Ministers or the Secretary of State may give a direction granting planning permission, subject to conditions specified in the direction, for—

(a)so much of the operations or change in use to which the consent relates as constitutes development of land in Wales;

(b)any development of land in Wales that is ancillary to the operations or change in use to which the consent relates.

(2)On varying a consent under section 36 or 37 of the Electricity Act 1989, the Welsh Ministers or the Secretary of State may give one or more of the following directions (instead of, or as well as, a direction under subsection (1))—

(a)a direction varying an existing planning permission granted by a direction under subsection (1);

(b)a direction varying conditions subject to which such a planning permission was granted;

(c)a direction that a consent, agreement or approval given in respect of a condition subject to which such a planning permission was granted is to be treated as given in respect of a condition subject to which a new or varied planning permission is granted.

(3)In subsection (1) the reference to ancillary development, in the case of a consent relating to the extension of a generating station, does not include development that is not directly related to the generation of electricity by that station.

(4)In this section “electric line”, “extension” and “generating station” have the same meanings as in Part 1 of the Electricity Act 1989 (see sections 36(9) and 64(1) of that Act).

Commencement Information

I1S. 88 not in force at Royal Assent, see s. 409(2)