39 Development consent for generating stations with 350MW capacity or less

Planning for electricity generating stations

39  Development consent for generating stations with 350MW capacity or less

(1)     Section 15 of the Planning Act 2008 (generating stations) is amended as set out in subsections (2) to (6).

(2)     In subsection (1), for “or (3)” substitute “, (3), (3A) or (3B)”.

(3)     In subsection (2)(a) omit “or Wales”.

(4)     After subsection (3) insert—

“(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.”

(5)     In subsection (4)—

(a)     in paragraph (a) omit “or Wales”;

(b)     in paragraph (b), after “except” insert “the Welsh zone or”.

(6)

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