Savings4
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”)2,
b
section 36C of the 1989 Act (variation of consents under section 36)3, and
c
section 90 of the Town and Country Planning Act 19904 (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.