Version Superseded: 01/04/2019
Point in time view as at 09/01/2019. This version of this provision has been superseded.
Planning Act 2008, Section 15 is up to date with all changes known to be in force on or before 02 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.
(1)The construction or extension of a generating station is within section 14(1)(a) only if the generating station is or (when constructed or extended) is expected to be within subsection (2) [F1or (3)] [F1, (3), (3A) or (3B)].
(2)A generating station is within this subsection if—
(a)it is in England [F2or Wales],
[F3(aa)it does not generate electricity from wind,]
(b)it is not an offshore generating station, and
(c)its capacity is more than 50 megawatts.
(3)A generating station is within this subsection if—
(a)it is an offshore generating station, and
(b)its capacity is more than 100 megawatts.
[F4(3A)A generating station is within this subsection if—
(a)it is in Wales,
(b)it does not generate electricity from wind, and
(c)its capacity is more than 350 megawatts.
(3B)A generating station is within this subsection if—
(a)it is in waters adjacent to Wales up to the seaward limits of the territorial sea, or in the Welsh zone, and
(b)its capacity is more than 350 megawatts.]
(4)An “offshore” generating station is a generating station that is—
(a)in waters in or adjacent to England [F5or Wales] up to the seaward limits of the territorial sea, or
(b)in a Renewable Energy Zone, except [F6the Welsh zone or] any part of a Renewable Energy Zone in relation to which the Scottish Ministers have functions.
[F7(5) “"Welsh zone”” has the meaning given in section 158 of the Government of Wales Act 2006.]
Textual Amendments
F1Words in s. 15(1) substituted (1.4.2018 for specified purposes) by Wales Act 2017 (c. 4), ss. 39(2), 71(4) (with Sch. 7 paras. 1, 6, 8); S.I. 2017/1179, reg. 3(h)
F2Words in s. 15(2)(a) omitted (1.4.2018 for specified purposes) by virtue of Wales Act 2017 (c. 4), ss. 39(3), 71(4) (with Sch. 7 paras. 1, 6, 8); S.I. 2017/1179, reg. 3(h)
F3S. 15(2)(aa) inserted (5.3.2016) by The Infrastructure Planning (Onshore Wind Generating Stations) Order 2016 (S.I. 2016/306), arts. 1(2), 3 (with arts. 5-8)
F4S. 15(3A)(3B) inserted (31.3.2017 for specified purposes, 1.4.2018 for specified purposes) by Wales Act 2017 (c. 4), ss. 39(4), 71(2)(e) (with Sch. 7 paras. 1, 6, 8); S.I. 2017/1179, reg. 3(h)
F5Words in s. 15(4)(a) omitted (1.4.2018 for specified purposes) by virtue of Wales Act 2017 (c. 4), ss. 39(5)(a), 71(4) (with Sch. 7 paras. 1, 6, 8); S.I. 2017/1179, reg. 3(h)
F6Words in s. 15(4)(b) inserted (1.4.2018 for specified purposes) by Wales Act 2017 (c. 4), ss. 39(5)(b), 71(4) (with Sch. 7 paras. 1, 6, 8); S.I. 2017/1179, reg. 3(h)
F7S. 15(5) inserted (31.3.2017 for specified purposes, 1.4.2018 for specified purposes, 1.4.2019 in so far as not already in force) by Wales Act 2017 (c. 4), ss. 39(6), 71(2)(e) (with Sch. 7 paras. 1, 6, 8); S.I. 2017/1179, regs. 3(h), 5(a)
Commencement Information
I1S. 15 in force at 1.3.2010 by S.I. 2010/101, art. 4(a) (with art. 6)
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