OpenLegislation

Explanatory note

Original text. Later amendments are not shown.

(This note is not part of the Order)

This Order amends the Planning Act 2008 (c.29) (“the 2008 Act”) to reintroduce onshore wind generating stations into the definition of nationally significant infrastructure projects under the 2008 Act. It also sets the capacity threshold at which onshore wind and solar projects are nationally significant infrastructure projects at more than 100 megawatts.

Article 3 amends section 15(2) of the 2008 Act to remove the exclusion of onshore wind from the nationally significant infrastructure projects regime, and sets the threshold for onshore wind and solar projects to be considered under the 2008 Act regime to more than 100 megawatts.

Articles 4 to 10 make transitional and saving provisions in relation to—

  • solar farms that are already in the 2008 Act process when this Order comes into force; and

  • onshore wind farms that are already in the Town and Country Planning Act 1990 (c.8) process when this Order comes into force.

Articles 5 to 7 provide transitional and savings provisions for solar projects with a capacity of between 50 and 100 megawatts that have had their application accepted for examination or had their application approved or refused under the 2008 Act regime, to allow them to remain in that regime for the purposes of any subsequent decisions, including any amendments to those decisions, or appeals.

Articles 8 to 10 provide transitional and savings provisions for onshore wind projects that have either made an application or had their application approved or refused under the 1990 Act regime, to allow them to remain in that regime for the purposes of any subsequent decisions, including any amendments to those decisions, or appeals.

This Order will ensure that these projects which have already started the process in one legislative regime, are not prejudiced by the change made by this Order by being moved to a different legislative regime.

A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector will be published separately.