Part I ELECTRICITY SUPPLY

Protection of public interest

F132LJThe approved development condition

(1)

This section applies for the purposes of sections 32LF to 32LI.

(2)

The approved development condition is met in respect of an onshore wind generating station if the documents specified in subsections (4), (5) and (6) were provided to the Authority with the application for accreditation of the station.

(3)

The approved development condition is met in respect of additional capacity if the documents specified in subsections (4), (5) and (6) were provided to the Authority on or before the date on which the Authority made its decision that the additional capacity could form part of an onshore wind generating station.

(4)

The documents specified in this subsection are—

(a)

evidence that—

(i)

planning permission for the station or additional capacity was granted on or before 18 June 2015, and

(ii)

any conditions as to the time period within which the development to which the permission relates must be begun have not been breached,

(b)

evidence that—

(i)

planning permission for the station or additional capacity was refused on or before 18 June 2015, but granted after that date following an appeal or judicial review, and

(ii)

any conditions as to the time period within which the development to which the permission relates must be begun have not been breached,

(c)

evidence that—

(i)

an application for 1990 Act permission or 1997 Act permission was made on or before 18 June 2015 for the station or additional capacity,

(ii)

the period allowed under section 78(2) of the 1990 Act or (as the case may be) section 47(2) of the 1997 Act ended on or before 18 June 2015 without any of the things mentioned in section 78(2)(a) to (b) of the 1990 Act or section 47(2)(a) to (c) of the 1997 Act being done in respect of the application,

(iii)

the application was not referred to the Secretary of State, Welsh Ministers or Scottish Ministers in accordance with directions given under section 77 of the 1990 Act or section 46 of the 1997 Act,

(iv)

1990 Act permission or 1997 Act permission was granted after 18 June 2015 following an appeal, and

(v)

any conditions as to the time period within which the development to which the permission relates must be begun have not been breached, or

(d)

a declaration by the operator of the station that, to the best of the operator's knowledge and belief, planning permission is not required for the station or additional capacity.

(5)

The documents specified in this subsection are—

(a)

a copy of an offer from a licensed network operator made on or before 18 June 2015 to carry out grid works in relation to the station or additional capacity, and evidence that the offer was accepted on or before that date (whether or not the acceptance was subject to any conditions or other terms), or

(b)

a declaration by the operator of the station that, to the best of the operator's knowledge and belief, no grid works were required to be carried out by a licensed network operator in order to enable the station to be commissioned or the additional capacity to form part of the station.

(6)

The documents specified in this subsection are a declaration by the operator of the station that, to the best of the operator's knowledge and belief, as at 18 June 2015 a relevant developer of the station or additional capacity (or a person connected, within the meaning of section 1122 of the Corporation Tax Act 2010, with a relevant developer of the station or additional capacity)—

(a)

was an owner or lessee of the land on which the station or additional capacity is situated,

(b)

had entered into an agreement to purchase or lease the land on which the station or additional capacity is situated,

(c)

had an option to purchase or to lease the land on which the station or additional capacity is situated, or

(d)

was a party to an exclusivity agreement in relation to the land on which the station or additional capacity is situated.

(7)

In this section—

“the 1990 Act” means the Town and Country Planning Act 1990;

“1990 Act permission” means planning permission under the 1990 Act (except outline planning permission, within the meaning of section 92 of that Act);

“the 1997 Act” means the Town and Country Planning (Scotland) Act 1997;

“1997 Act permission” means planning permission under the 1997 Act (except planning permission in principle, within the meaning of section 59 of that Act);

“exclusivity agreement”, in relation to land, means an agreement by the owner or a lessee of the land not to permit any person (other than the persons identified in the agreement) to construct an onshore wind generating station on the land;

“planning permission” means—

(a)

consent under section 36 of this Act,

(b)

1990 Act permission,

(c)

1997 Act permission, or

(d)

development consent under the Planning Act 2008.