The Infrastructure Planning (Onshore Wind Generating Stations) Order 2016

Transitional and savings

5.—(1) Paragraph (2) applies where an application for an order granting development consent—

(a) has been accepted in accordance with section 55 of the Act (acceptance of applications) but not decided before the day on which this Order comes into force; and

(b) is for the construction or extension of an onshore generating station that generates electricity from wind.

(2) In such a case—

(a) the application must continue to be considered in accordance with the provisions of the Act;

(b) the provisions of the 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;

(c) any such order is to have effect, and the provisions of the 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;

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

(e) where any such order is amended or changed, or a new or replacement order is made, as a result of a judicial review, the order is to have effect, and the provisions of the Act are to continue to apply, in relation to—

(i) the development in respect of which the order as amended or changed, or the new or replacement order, has effect; and

(ii) anything else authorised or required by the order as amended or changed, or the new or replacement order.