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4.—(1) The coming into force of section 78 does not affect the continuing application of—
(a)section 36(1) of the Electricity Act 1989 (“the 1989 Act”)(),
(b)section 36C of the 1989 Act (variation of consents under section 36)(), and
(c)section 90 of the Town and Country Planning Act 1990() (deemed planning permission),
in the case of an onshore wind generating station in respect of which Condition 1 or Condition 2 is satisfied.
(2) Condition 1 is that consent under section 36(1) of the 1989 Act was granted before 1st March 2016.
(3) Condition 2 is that—
(a)an application for consent under section 36(1) of the 1989 Act was refused before 1st March 2016; and
(b)that decision is quashed by order of a court.
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