The Infrastructure Planning (Water Resources) (England) Order 2019

Transitional and savings provisions: applications etc. made under other consent regimes

5.—(1) Paragraph (5) applies where conditions A, B and C are met.

(2) Condition A is that there is a project for—

(a) the construction or alteration of a dam or reservoir,

(b) development relating to the transfer of water resources, or

(c) the construction or alteration of a desalination plant.

(3) Condition B is that the project—

(a) would not have been a nationally significant infrastructure project as defined by section 14(1) of the Act before this Order comes into force, and

(b) would be a nationally significant infrastructure project as defined by section 14(1) of the Act after this Order comes into force.

(4) Condition C is that, before the date on which this Order comes into force, an application has been made, notice served or proposals submitted under one or more of the statutory regimes listed in section 33(1) of the Act (effect of requirement for development consent on other consent regimes)(1) in relation to the project.

(5) In such a case—

(a) the provisions of the Act are to apply to the project,

(b) each application or proposal under a regime listed in section 33(1) of the Act is to be determined, and

(c) each determination made under such a regime is to have effect in relation to the project,

as if the amendments made by article 2 had not been made.

(1)

Section 33(1) was amended by the Growth and Infrastructure Act 2013 (c. 27), section 18(3)(a).