Part 5: Wind power Section 78: Onshore wind generating stations in England and Wales
Section 78 amends section 36 of the Electricity Act 1989. The amendment removes the obligation to get consent under that section to construct, extend or operate an onshore wind farm in England or Wales. That requirement relates to wind farms with a capacity greater than 50MW. The effect of this provision, when combined with secondary legislation to be made by Government to amend the Planning Act 2008, will mean that the developer of such a project will need to apply for planning permission under the Town and Country Planning Act 1990, generally to the local planning authority (subject to any changes made to the general planning regime in Wales by the Welsh Ministers, for a project in Wales).
	The Government currently expects that applications which have already been made under section 36 of the Electricity Act 1989 but not yet decided when section 78 comes into force, will continue to be considered under that Act (i.e. with the Secretary of State for Energy and Climate Change taking the decision).