Regulation 23 Requirement for applicable planning consents

(1)

Paragraphs (2) to (5) are subject to paragraph (7).

(2)

Subject to paragraph (3), the applicant must provide copies of the applicable planning consents which apply to any works (“relevant works”) which enable—

(a)

the relevant CFD unit to be established or altered;

(b)

electricity generated from the relevant CFD unit to be supplied, as applicable, to—

(i)

the national transmission system for Great Britain;

(ii)

the distribution system; or

(iii)

a private network.

(3)

Paragraph (2) does not require the provision of any of the applicable planning consents in respect of any relevant works to which a connection agreement applies, where those works are undertaken by a person other than the applicant.

(4)

“Relevant works” includes any of the following works—

(a)

the alteration, construction or removal of any plant, building or other structure;

(b)

the alteration, installation or removal of any cable, line, pipeline or other service media;

(c)

any works associated with the matters described in sub-paragraph (a) or (b).

(5)

Paragraph (2) applies in respect of relevant works undertaken or to be undertaken by the applicant or any other person on the applicant’s behalf.

(6)

Where the applicant considers that in respect of the relevant works—

(a)

any of the applicable planning consents do not apply; or

(b)

a general permission or consent or an exemption applies,

the applicant must provide details of those matters to the delivery body.

(7)

The allocation framework which applies to an allocation round may, in respect of the allocation round to which the framework applies, amend, add to or remove the requirements in any of paragraphs (2) to (5) and the general qualification requirements are so modified where such an amendment, addition or removal is made.