Transitional and savings5

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.