Statutory Instruments
2020 No. 1218
Infrastructure Planning
Electricity
The Infrastructure Planning (Electricity Storage Facilities) Order 2020
Made
4th November 2020
Coming into force
2nd December 2020
The Secretary of State makes the following Order in exercise of the powers conferred by sections 14(3) and (4) and 232(3) of the Planning Act 2008( 1 ).
A draft of this Order was laid before Parliament and approved by a resolution of each House of Parliament, in accordance with section 232(6) of that Act( 2 ).
Citation and commencement
1. —(1) This Order may be cited as the Infrastructure Planning (Electricity Storage Facilities) Order 2020.
(2) This Order comes into force on the twenty-eighth day after the day on which it is made.
Interpretation
2. In this Order—
“the Act” means the Planning Act 2008;
“electricity storage facility” means a facility which generates electricity from energy that—
was converted from electricity by that facility, and
is stored within that facility for the purpose of its future reconversion into electricity;
“exempt electricity storage facility” means an electricity storage facility which is not a pumped hydroelectric storage facility;
“pumped hydroelectric storage facility” means an electricity storage facility that stores the gravitational potential energy of water that has been pumped to a higher level so that its return to a lower level can be used to generate electricity.
Amendments to the Act
3. —(1) Section 15 of the Act (generating stations) is amended as follows( 3 ).
(2) After subsection (3B), insert—
“ (3C) To the extent that an exempt electricity storage facility forms part of a generating station (or is expected to do so, when the generating station is constructed or extended), any capacity provided by the facility is to be disregarded for the purposes of determining whether the generating station is within subsection (2), (3), (3A) or (3B).
(3D) The construction or extension of a generating station is not within section 14(1)(a) to the extent that the generating station comprises or (when constructed or extended) is expected to comprise an exempt electricity storage facility. ” .
(3) At the end of the section insert—
“ (6) In this section—
“electricity storage facility” means a facility which generates electricity from energy that—
was converted from electricity by that facility, and
is stored within that facility for the purpose of its future reconversion into electricity;
“exempt electricity storage facility” means an electricity storage facility which is not a pumped hydroelectric storage facility;
“pumped hydroelectric storage facility” means an electricity storage facility that stores the gravitational potential energy of water that has been pumped to a higher level so that its return to a lower level can be used to generate electricity. ” .
Transitional and savings provisions
4. Article 3 applies subject to the transitional and savings provisions provided for in articles 5 to 7 below.
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)( 4 ) 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( 5 ), 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.
6. —(1) Paragraph (2) applies to an order granting development consent for the construction or extension of a generating station which comprises, in whole or in part, an exempt electricity storage facility, where the order has been made before the day on which this Order comes into force.
(2) In such a case—
(a) the provisions of the Act are to continue to apply to the order as if the amendments in article 3 had not been made;
(b) subject to paragraph (3), 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 has been made; and
(ii) anything else authorised or required by the order;
as if the amendments in article 3 had not been made;
(c) subject to paragraph (3), where the order is amended or changed under the provisions of Schedule 4 or 6 to the Act, the order is to have effect and the provisions of the Act are to continue to apply, in relation to—
(i) the development authorised by the order as amended or changed; 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;
(d) 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)(b) to (d) 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.
7. —(1) Paragraph (2) applies where, before the day on which this Order comes into force, an application for an order granting development consent for the construction or extension of a generating station which comprises, in whole or in part, an exempt electricity storage facility has been refused.
(2) In such a case—
(a) the provisions of the Act are to continue to apply to the refusal as if the amendments in article 3 had not been made; and
(b) if the refusal is quashed on a judicial review, article 5(2) of this Order applies to any redetermination of the application.
Kwasi Kwarteng
Minister of State
Department for Business, Energy and Industrial Strategy
4th November 2020
Section 232(6) was amended by the Localism Act 2011 (c. 20) , section 131(3)(b).
Section 15 was amended by the Wales Act 2017 (c. 4) , section 39(1) to (6), and by S.I. 2016/306 .
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.
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 .