Other infrastructure provisions

Consents under Electricity Act 1989: deemed planning permission
21
1
Section 90 of the Town and Country Planning Act 1990 (deemed planning permission: development with government authorisation) is amended as set out in subsections (2) and (3).
2
For subsection (2) substitute—
2
On granting or varying a consent under section 36 or 37 of the Electricity Act 1989 in relation to a generating station or electric line in England or Wales, the Secretary of State may give a direction for planning permission to be deemed to be granted, subject to such conditions (if any) as may be specified in the direction, for—
a
so much of the operation or change of use to which the consent relates as constitutes development;
b
any development ancillary to the operation or change of use to which the consent relates.
2ZA
On varying a consent under section 36 or 37 of the Electricity Act 1989 in relation to a generating station or electric line in England or Wales, the Secretary of State may give one or more of the following directions (instead of, or as well as, a direction under subsection (2))—
a
a direction for an existing planning permission deemed to be granted by virtue of a direction under subsection (2) (whenever made) to be varied as specified in the direction;
b
a direction for any conditions subject to which any such existing planning permission was deemed to be granted to be varied as specified in the direction;
c
a direction for any consent, agreement or approval given in respect of a condition subject to which any such existing planning permission was deemed to be granted to be treated as given in respect of a condition subject to which a new or varied planning permission is deemed to be granted.
3
For subsection (5) substitute—
5
In subsection (2), the reference to ancillary development, in the case of a consent relating to the extension of a generating station, does not include any development which is not directly related to the generation of electricity by that station.
6
In this section, references to England or Wales include—
a
waters adjacent to England or Wales up to the seaward limits of the territorial sea, and
b
a Renewable Energy Zone, except any part of a Renewable Energy Zone in relation to which the Scottish Ministers have functions.
7
In this section “electric line”, “extension”, “generating station” and “Renewable Energy Zone” have the same meanings as in Part 1 of the Electricity Act 1989.
4
Section 57 of the Town and Country Planning (Scotland) Act 1997 (deemed planning permission: development with government authorisation) is amended as set out in subsections (5) and (6).
5
For subsection (2) substitute—
2
On granting or varying a consent under section 36 or 37 of the Electricity Act 1989, the Scottish Ministers may give a direction for planning permission to be deemed to be granted, subject to such conditions (if any) as may be specified in the direction, for—
a
so much of the operation or change of use to which the consent relates as constitutes development;
b
any development ancillary to the operation or change of use to which the consent relates.
2ZA
On varying a consent under section 36 or 37 of the Electricity Act 1989, the Scottish Ministers may give one or more of the following directions (instead of, or as well as, a direction under subsection (2))—
a
a direction for an existing planning permission deemed to be granted by virtue of a direction under subsection (2) (whenever made) to be varied as specified in the direction;
b
a direction for any conditions subject to which any such existing planning permission was deemed to be granted to be varied as specified in the direction;
c
a direction for any consent, agreement or approval given in respect of a condition subject to which any such existing planning permission was deemed to be granted to be treated as given in respect of a condition subject to which a new or varied planning permission is deemed to be granted.
6
In subsection (5), for “In subsection (2) “ancillary development”, in relation to development consisting of” substitute “In subsection (2)(b), the reference to ancillary development, in the case of a consent relating to”.