Version Superseded: 27/05/1997
Point in time view as at 01/02/1991.
Electricity Act 1989, Cross Heading: Deemed planning permission etc. is up to date with all changes known to be in force on or before 06 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
[F17(1)On granting a consent under section 36 or 37 of this Act in respect of any operation or change of use that constitutes development, the Secretary of State may direct that planning permission for that development and any ancillary development shall be deemed to be granted, subject to such conditions (if any) as may be specified in the direction.
(2)On granting a consent under section 36 of this Act in respect of any operation or change of use that would involve the presence of a hazardous substance in circumstances requiring hazardous substances consent, the Secretary of State may, after consultation with the Health and Safety Commission, direct that hazardous substances consent shall be deemed to be granted, subject to such conditions (if any) as may be specified in the direction.
(3)The provisions of the Planning Act (except Parts VII and XII) shall apply in relation to any planning permission or hazardous substances consent deemed to be granted by virtue of a direction under this paragraph as if it had been granted by the Secretary of State on an application referred to him under the relevant section of that Act.
(4)In this paragraph—
“ancillary development”, in relation to development consisting of the extension of a generating station, does not include any development which is not directly related to the generation of electricity by that station;
“the Planning Act” means [F2the M1Town and Country Planning Act 1971 in relation to England and Wales and]]the M2Town and Country Planning (Scotland) Act 1972 in relation to Scotland;
“the relevant section” means [F2section 35 in relation to the said Act of 1971 and]section 32 in relation to the said Act of 1972;
and in this paragraph expressions which are also used in the Planning Act have the same meanings as in that Act.
Textual Amendments
F1Sch. 8 para. 7 repealed (E.W.) by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. II
F2Words repealed (S.) by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. III
Marginal Citations
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