The Infrastructure Planning (Electricity Storage Facilities) Order 2020

Transitional and savings provisions

5.—(1) Paragraph (2) applies where an application for an order granting development consent—

(a) has been accepted in accordance with section 55 of the Act (acceptance of applications)(1) but not decided before the day on which this Order comes into force; and

(b) is for the construction or extension of a generating station which comprises, in whole or in part, an exempt electricity storage facility.

(2) In such a case—

(a) the application must continue to be considered in accordance with the provisions of the Act as if the amendments in article 3 had not been made;

(b) the provisions of the Act are to continue to apply to any order granting development consent that is made as a result of the application or to any refusal of development consent resulting from the application as if the amendments in article 3 had not been made;

(c) subject to paragraph (3), any such order is to have effect, and the provisions of the Act are to continue to apply, in relation to—

(i) the development in respect of which the order is made; and

(ii) anything else authorised or required by the order;

as if the amendments in article 3 had not been made;

(d) subject to paragraph (3), where any such order is amended or changed under the provisions of Schedule 4 or 6 to the Act(2), the order is to have effect, and the provisions of the Act are to continue to apply, in relation to—

(i) the development in respect of which the order as amended or changed has effect; and

(ii) anything else authorised or required by the order as amended or changed;

as if the amendments in article 3 had not been made;

(e) subject to paragraph (3), where a new or replacement order is made as a result of a judicial review, that order is to have effect, and the provisions of the Act are to continue to apply, in relation to—

(i) the development in respect of which the new or replacement order has effect; and

(ii) anything else authorised or required by the new or replacement order;

as if the amendments in article 3 had not been made.

(3) Nothing in subparagraphs (2)(c) to (e) shall be construed as requiring an application for an order granting development consent to be made for the extension of a generating station where—

(a) the extension comprises or (when constructed or extended) is expected to comprise an exempt electricity storage facility; and

(b) no application for an order granting development consent for the extension has been accepted in accordance with section 55 of the Act before the day on which this Order comes into force.

(1)

Section 55 was amended by the Marine and Coastal Access Act 2009 (c. 23), section 23(4) and the Localism Act 2011 (c. 20), section 137(2), (3) and (4), Schedule 13 Part 1 paragraph 13, and Schedule 25 Part 21 paragraph 1.

(2)

Schedules 4 and 6 were amended by the Marine and Coastal Access Act 2009 (c.29), Schedule 8(1) paragraph 4; the Localism Act 2011 (c.20), Schedule 13(1) paragraphs 1 and 70 and Schedule 25(20); the Infrastructure Act 2015 (c.7), Part 5 section 28 and S.I. 2011/1043.