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require the Secretary of State to extend permitted development status to small |
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renewable energy developments and issue guidance to planning authorities in |
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connection with such developments; and for connected purposes. |
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Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
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consent of the Lords Spiritual and Temporal, and Commons, in this present |
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Parliament assembled, and by the authority of the same, as follows:— |
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1 | Duty to amend Permitted Development Order |
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(1) | The Secretary of State shall by order amend Schedule 2 to the Town and |
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Country Planning (General Permitted Development) Order 1995 (S.I. 1995/ |
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418) to provide that a “small renewable energy development” is classed as a |
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permitted development within the meaning of that Order. |
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(2) | A development is a “small renewable energy development” if it meets the |
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criteria set out in subsections (3) and (4). |
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(3) | The first criterion is that the source of energy or the technology is one of the |
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(4) | The second criterion is that the capacity of the development is the generation |
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of electricity of such maximum amount as the Secretary of State shall (subject |
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to subsection (5)) determine. |
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(5) | Before determining a maximum amount for the purposes of subsection (4) the |
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Secretary of State shall— |
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(a) | consult bodies representing local authorities and such other persons as |
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he considers appropriate; and |
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(b) | satisfy himself that the visual and noise effects of developments of or |
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below the maximum capacity to be determined are either— |
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(ii) | no greater than those created by other developments already |
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afforded permitted development status. |
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(6) | In making an order under subsection (1), the Secretary of State may make |
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provision about conditions relating to the environmental impact of a small |
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renewable energy development that need to be met in order for it to be classed |
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as a permitted development, including, in particular, provision about |
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(a) | visual appearance, and |
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(7) | The power of the Secretary of State to make an order under this section is |
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exercisable by statutory instrument. |
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(8) | An order under this section shall be laid before Parliament after being made |
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and is subject to annulment in pursuance of a resolution of either House of |
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(9) | In this section “permitted development” means development permitted under |
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the Town and Country Planning (General Permitted Development) Order 1995 |
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(S.I. 1995/418) and “permitted development status” shall be construed |
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(1) | The Secretary of State shall, within 12 months of the passing of this Act, issue |
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guidance to all planning authorities specifying ways in which they might |
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encourage, promote and facilitate small renewable energy developments. |
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“planning authority” has the same meaning as in section 1 of the Town |
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and Country Planning Act 1990 (c. 8); |
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“small renewable energy developments” shall be construed in accordance |
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with the provisions of section 1. |
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(1) | This Act may be cited as the Small Renewable Energy Developments |
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(Permitted Development) Act 2005. |
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(2) | This Act extends to England and Wales only. |
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