Legislation – Planning and Infrastructure Act 2025

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Part 1Infrastructure

Chapter 2Electricity infrastructure

Wind generating stations and seismic array systems

30Wind generating stations that may affect seismic array systems

(1)

The Secretary of State may make regulations about planning permissions or consents relating to wind generating stations that may affect the functioning of a relevant seismic array system.

(2)

A “relevant seismic array system” is a spatially distributed system of linked seismometers, arranged so as to enhance the detection and characterisation of seismic signals, that—

(a)

is used for defence purposes, and

(b)

is in use on the day on which this Act is passed.

(3)

The regulations may provide for—

(a)

an exclusion zone, and

(b)

a restricted zone,

around a relevant seismic array system.

(4)

The regulations may—

(a)

require a planning decision-maker to refuse, or decline to determine or accept, a planning application relating to a wind generating station that is (or would be) situated in an exclusion zone;

(b)

provide that a relevant development order or MCA scheme may not be made if it would grant planning permission for development relating to a wind generating station that is (or would be) situated in an exclusion zone;

(c)

allow the Secretary of State to direct that a relevant development order or MCA scheme may not be made if it would grant such planning permission.

(5)

The regulations may, in relation to a planning application relating to a wind generating station that is (or would be) situated in a restricted zone—

(a)

require the applicant to provide specified information about the seismic impact of the proposals (“seismic impact information”) to which their application relates;

(b)

require the planning decision-maker to use the seismic impact information in a specified way when determining the application (including when determining conditions relating to a permission or consent);

(c)

require the planning decision-maker to refuse, or decline to determine or accept, the application in specified circumstances;

(d)

require the planning decision-maker to provide the Secretary of State with the seismic impact information, and to seek the Secretary of State’s views on the seismic impact of the proposals;

(e)

require the planning decision-maker to refuse, or decline to determine or accept, the application if the Secretary of State objects to it on grounds relating to the seismic impact of the proposals.

(6)

The regulations may—

(a)

require a person proposing to make a relevant development order or MCA scheme to consult the Secretary of State if the order or scheme would grant planning permission for development relating to a wind generating station that is (or would be) situated in a restricted zone;

(b)

allow the Secretary of State to direct that a relevant development order or MCA scheme may not be made if it would grant such planning permission.

(7)

The regulations may include provision about the procedure for planning applications to which they relate, such as—

(a)

provision enabling or requiring a planning decision-maker to decline to determine or accept an application;

(b)

provision modifying the process for determining an application;

(c)

provision allowing the Secretary of State to give a direction to the planning-decision maker about the procedure for an application;

(d)

provision modifying or disapplying a right of appeal or review;

(e)

provision disapplying a duty imposed on a planning decision-maker when determining an application.

(8)

The regulations may require a planning decision-maker to have regard to guidance issued by the Secretary of State.

(9)

Regulations under this section may—

(a)

amend or repeal provision contained in an Act of Parliament or an Act of the Scottish Parliament;

(b)

make different provision for different purposes or areas;

(c)

make provision binding the Crown;

(d)

make transitional, transitory or saving provision;

(e)

make incidental, supplementary or consequential provision.

(10)

Regulations under this section are to be made by statutory instrument.

(11)

A statutory instrument containing regulations under this section which amend or repeal provision contained in an Act of Parliament or an Act of the Scottish Parliament may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(12)

Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

(13)

If a draft of a statutory instrument containing regulations under this section would, apart from this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not such an instrument.

(14)

In this section—

“MCA scheme” means a masterplan consent area scheme made under Part 3 of the Town and Country Planning (Scotland) Act 1997;

“planning application” means—

(a)

an application for planning permission under Part 3 or Part 13 of the Town and Country Planning Act 1990,

(b)

an application for planning permission under Part 3 or Part 12 of the Town and Country Planning (Scotland) Act 1997,

(c)

an application for an order granting development consent under section 37 of the Planning Act 2008, or

(d)

an application under section 36 or 36C of the Electricity Act 1989 (consent for construction etc of generating station);

“planning decision-maker” means a person who determines a planning application;

“relevant development order” means—

(a)

a local development order made under section 61A of the Town and Country Planning Act 1990;

(b)

a Mayoral development order made under section 61DA of that Act;

(c)

a neighbourhood development order made under section 61E of that Act;

(d)

a development order made under section 30 of the Town and Country Planning (Scotland) Act 1997;

“wind generating station” means a generating station that generates electricity from wind.