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Article 5 Development consent applications made before 31st December 2025

Original text. Later amendments are not shown.

(1)

Paragraph (2) applies to an application for an order granting development consent for the construction or extension of an electricity generating station which—

(a)

has been accepted in accordance with section 55 of the 2008 Act (acceptance of applications) but not decided before 31st December 2025, and

(b)

generates electricity directly from sunlight and its capacity when constructed or extended is not more than 100 megawatts.

(2)

In such a case—

(a)

the application must continue to be considered in accordance with the provisions of the 2008 Act as if the amendments in article 3 had not been made,

(b)

the provisions of the 2008 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 as if the amendments in article 3 had not been made,

(c)

any such order is to have effect, and the provisions of the 2008 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,

as if the amendments in article 3 had not been made,

(d)

where any such order is amended or changed under the provisions of Schedule 4 or 6 to the 2008 Act, the order is to have effect, and the provisions of the 2008 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,

as if the amendments in article 3 had not been made, and

(e)

where a new or replacement order is made as a result of a judicial review, that order is to have effect, and the provisions of the 2008 Act are to continue to apply, in relation to—

(i)

the development in respect of which the new or replacement order has effect, and

(ii)

anything else authorised or required by the new or replacement order,

as if the amendments in article 3 had not been made.