Article 8 Planning permission applications made before 31st December 2025
Paragraph (2) applies to an application for planning permission for the construction or extension of a generating station which—
has been made in accordance with section 57 of the 1990 Act (planning permission required for development) but not decided before 31st December 2025, and
generates electricity from wind and when constructed or extended its capacity is more than 100 megawatts.
In such a case—
the application must continue to be considered in accordance with the provisions of the 1990 Act as if the amendments in article 3 had not been made,
the provisions of the 1990 Act are to continue to apply to any decision to grant or refuse planning permission resulting from the application as if the amendments in article 3 had not been made,
any such decision is to have effect, and the provisions of the 1990 Act are to continue to apply, in relation to—
the development in respect of which the decision is made, and
anything else authorised or required by the decision,
as if the amendments in article 3 had not been made,
where any such decision is amended or changed under the 1990 Act, the decision is to have effect, and the provisions of the 1990 Act are to continue to apply, in relation to—
the development in respect of which the decision as amended or changed has effect, and
anything else authorised or required by the decision as amended or changed,
as if the amendments in article 3 had not been made, and
where a new or replacement decision is made as a result of an appeal to the Secretary of State or following an application to the High Court, that decision is to have effect, and the provisions of the 1990 Act are to continue to apply, in relation to—
the development in respect of which the new or replacement decision has effect, and
anything else authorised or required by the new or replacement decision,
as if the amendments in article 3 had not been made.