Part 2: Legislative and executive competence: further provision Chapter 13: Planning for electricity generating stations Section 43: Alignment of associated development consent
Section 43 implements the recommendation of the Silk Commission, taken forward in the St David's Day Agreement, that the responsibility for granting consent for associated development for energy projects should be aligned with the responsibility for granting consent for the main project.
	Planning consents for energy generation projects above 50 MW are currently granted through a Development Consent Order made by the Secretary of State under the regime for nationally significant infrastructure set out in the Planning Act 2008 ("the 2008 Act"). The Secretary of State may grant consent under the 2008 Act for an energy generation project for which development consent is required.
	Large energy generation projects are also likely to require consent for development which is associated with the principal project and necessary for the project to be developed (‘associated development) and the Secretary of State can also grant consent for this under the 2008 Act.
	In Wales, the power of the Secretary of State to consent associated development is restricted to surface works, boreholes or pipes that are associated with a project comprising of underground gas storage facilities. There is therefore currently no provision in the 2008 Act for the Secretary of State to grant development consent for associated development for an energy generation project in Wales.
	The effect of this is that for an energy generation project above 50 MW in Wales, development consent can only be granted by the Secretary of State for the infrastructure project itself. Any consents for associated development must be sought from the appropriate consenting body in Wales (in the case of any planning consent for associated development, this will normally be from the relevant local planning authority).
	In order for the recommendation on aligning associated development consents to be implemented, the 2008 Act needs to be amended so the Secretary of State can grant consent for associated development linked to these projects. This is achieved by the amendment to section 115(4) of the 2008 Act (which currently restricts the Secretary of States powers to grant consent for associated development in Wales). This amendment also extends to associated development consents linked to the consenting of electric lines in Wales to the extent that they fall within section 14(1)(b) and section 16 of the 2008 Act.