Planning Act 2008

15 Generating stations E+W

(1) The construction or extension of a generating station is within section 14(1)(a) only if the generating station is or (when constructed or extended) is expected to be within subsection (2) [F1 , (3), (3A) or (3B)].

(2) A generating station is within this subsection if—

(a) it is in England F2 ...,

[F3 (aa) it does not generate electricity from wind,]

(b) it is not an offshore generating station, and

(c) its capacity is more than 50 megawatts.

(3) A generating station is within this subsection if—

(a) it is an offshore generating station, and

(b) its capacity is more than 100 megawatts.

[F4 (3A) A generating station is within this subsection if—

(a) it is in Wales,

(b) it does not generate electricity from wind, and

(c) its capacity is more than 350 megawatts.

(3B) A generating station is within this subsection if—

(a) it is in waters adjacent to Wales up to the seaward limits of the territorial sea, or in the Welsh zone, and

(b) its capacity is more than 350 megawatts.]

[F5 (3C) To the extent that an exempt electricity storage facility forms part of a generating station (or is expected to do so, when the generating station is constructed or extended), any capacity provided by the facility is to be disregarded for the purposes of determining whether the generating station is within subsection (2), (3), (3A) or (3B).

(3D) The construction or extension of a generating station is not within section 14(1)(a) to the extent that the generating station comprises or (when constructed or extended) is expected to comprise an exempt electricity storage facility.]

(4) An “offshore” generating station is a generating station that is—

(a) in waters in or adjacent to England F6 ... up to the seaward limits of the territorial sea, or

(b) in a Renewable Energy Zone, except [F7 the Welsh zone or] any part of a Renewable Energy Zone in relation to which the Scottish Ministers have functions.

[F8 (5) "Welsh zone” has the meaning given in section 158 of the Government of Wales Act 2006.]

[F9 (6) In this section—

• “electricity storage facility” means a facility which generates electricity from energy that—

  (a)

  was converted from electricity by that facility, and

  (b)

  is stored within that facility for the purpose of its future reconversion into electricity;

• “exempt electricity storage facility” means an electricity storage facility which is not a pumped hydroelectric storage facility;

• “pumped hydroelectric storage facility” means an electricity storage facility that stores the gravitational potential energy of water that has been pumped to a higher level so that its return to a lower level can be used to generate electricity.]

Textual Amendments

F1 Words in s. 15(1) substituted (1.4.2018 for specified purposes, 1.4.2019 in so far as not already in force) by Wales Act 2017 (c. 4), ss. 39(2), 71(4) (with Sch. 7 paras. 1, 6, 8); S.I. 2017/1179, regs. 3(h), 5(a)

F2 Words in s. 15(2)(a) omitted (1.4.2018 for specified purposes, 1.4.2019 in so far as not already in force) by virtue of Wales Act 2017 (c. 4), ss. 39(3), 71(4) (with Sch. 7 paras. 1, 6, 8); S.I. 2017/1179, regs. 3(h), 5(a)

F3 S. 15(2)(aa) inserted (5.3.2016) by The Infrastructure Planning (Onshore Wind Generating Stations) Order 2016 (S.I. 2016/306), arts. 1(2), 3 (with arts. 5-8)

F4 S. 15(3A)(3B) inserted (31.3.2017 for specified purposes, 1.4.2018 for specified purposes, 1.4.2019 in so far as not already in force) by Wales Act 2017 (c. 4), ss. 39(4), 71(2)(e) (with Sch. 7 paras. 1, 6, 8); S.I. 2017/1179, regs. 3(h), 5(a)

F5 S. 15(3C)(3D) inserted (2.12.2020) by The Infrastructure Planning (Electricity Storage Facilities) Order 2020 (S.I. 2020/1218), arts. 1(2), 3(2) (with arts. 4-7)

F6 Words in s. 15(4)(a) omitted (1.4.2018 for specified purposes, 1.4.2019 in so far as not already in force) by virtue of Wales Act 2017 (c. 4), ss. 39(5)(a), 71(4) (with Sch. 7 paras. 1, 6, 8); S.I. 2017/1179, regs. 3(h), 5(a)

F7 Words in s. 15(4)(b) inserted (1.4.2018 for specified purposes, 1.4.2019 in so far as not already in force) by Wales Act 2017 (c. 4), ss. 39(5)(b), 71(4) (with Sch. 7 paras. 1, 6, 8); S.I. 2017/1179, regs. 3(h), 5(a)

F8 S. 15(5) inserted (31.3.2017 for specified purposes, 1.4.2018 for specified purposes, 1.4.2019 in so far as not already in force) by Wales Act 2017 (c. 4), ss. 39(6), 71(2)(e) (with Sch. 7 paras. 1, 6, 8); S.I. 2017/1179, regs. 3(h), 5(a)

F9 S. 15(6) inserted (2.12.2020) by The Infrastructure Planning (Electricity Storage Facilities) Order 2020 (S.I. 2020/1218), arts. 1(2), 3(3) (with arts. 4-7)

Commencement Information

I1 S. 15 in force at 1.3.2010 by S.I. 2010/101, art. 4(a) (with art. 6)