INFRASTRUCTURE PLANNING Citation and commencement and extent 1 1 This Order may be cited as the Infrastructure Planning (Onshore Wind and Solar Generation) Order 2025. 2 This Order comes into force on 31st December 2025. 3 This Order extends to England and Wales only. Interpretation 2 In this Order— “ the 1990 Act ” means the Town and Country Planning Act 1990 ; “ the 2008 Act ” means the Planning Act 2008. Amendments to the 2008 Act 3 1 Section 15 of the 2008 Act (generating stations) is amended as follows. 2 In subsection (1), after “(2)” insert “, (2A)” . 3 In subsection (2)— a for paragraph (aa) substitute— aa it generates electricity from wind or directly from sunlight, ; b in paragraph (c), for “50” substitute “100” . 4 After subsection (2) insert— 2A A generating station is within this subsection if— a it is in England, b it does not generate electricity from wind or directly from sunlight, c it is not an offshore generating station, and d its capacity is more than 50 megawatts. . 5 In subsection (3C), after “(2),” insert “(2A),” . Transitional and savings provisions 4 Article 3 applies subject to the transitional and savings provisions provided for in articles 5 to 10 below. Development consent applications made before 31st December 2025 5 1 Paragraph (2) applies to an application for an order granting development consent for the construction or extension of an electricity generating station which— a has been accepted in accordance with section 55 of the 2008 Act (acceptance of applications) but not decided before 31st December 2025, and b generates electricity directly from sunlight and its capacity when constructed or extended is not more than 100 megawatts. 2 In such a case— a the application must continue to be considered in accordance with the provisions of the 2008 Act as if the amendments in article 3 had not been made, b the provisions of the 2008 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 any such order is to have effect, and the provisions of the 2008 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 where any such order is amended or changed under the provisions of Schedule 4 or 6 to the 2008 Act, the order is to have effect, and the provisions of the 2008 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, and e 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 2008 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. Development consent orders made before 31st December 2025 6 1 Paragraph (2) applies to an order granting development consent for the construction or extension of a generating station which— a generates electricity directly from sunlight, and b when constructed or extended its capacity is not more than 100 megawatts, where the order has been made before 31st December 2025. 2 In such a case— a the provisions of the 2008 Act are to continue to apply to the order as if the amendments in article 3 had not been made, b the order is to have effect, and the provisions of the 2008 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 where the order is amended or changed under the provisions of Schedule 4 or 6 to the 2008 Act, the order is to have effect, and the provisions of the 2008 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, and d where a new or replacement order is made as a result of judicial review, that order is to have effect, and the provisions of the 2008 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. Development consent applications refused before 31st December 2025 7 1 Paragraph (2) applies where, before 31st December 2025, an application for an order granting development consent for the construction or extension of a generating station which— a generates electricity directly from sunlight, and b when constructed or extended has a capacity more than 100 megawatts, has been refused. 2 In such a case— a the provisions of the 2008 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. Planning permission applications made before 31st December 2025 8 1 Paragraph (2) applies to an application for planning permission for the construction or extension of a generating station which— a has been made in accordance with section 57 of the 1990 Act (planning permission required for development) but not decided before 31st December 2025, and b generates electricity from wind and when constructed or extended its capacity is more than 100 megawatts. 2 In such a case— a the application must continue to be considered in accordance with the provisions of the 1990 Act as if the amendments in article 3 had not been made, b the provisions of the 1990 Act are to continue to apply to any decision to grant or refuse planning permission resulting from the application as if the amendments in article 3 had not been made, c any such decision is to have effect, and the provisions of the 1990 Act are to continue to apply, in relation to— i the development in respect of which the decision is made, and ii anything else authorised or required by the decision, as if the amendments in article 3 had not been made, d where any such decision is amended or changed under the 1990 Act, the decision is to have effect, and the provisions of the 1990 Act are to continue to apply, in relation to— i the development in respect of which the decision as amended or changed has effect, and ii anything else authorised or required by the decision as amended or changed, as if the amendments in article 3 had not been made, and e where a new or replacement decision is made as a result of an appeal to the Secretary of State or following an application to the High Court, that decision is to have effect, and the provisions of the 1990 Act are to continue to apply, in relation to— i the development in respect of which the new or replacement decision has effect, and ii anything else authorised or required by the new or replacement decision, as if the amendments in article 3 had not been made. Planning permission applications granted before 31st December 2025 9 1 Paragraph (2) applies to a decision granting planning permission for the construction or extension of a generating station which— a generates electricity from wind, and b when constructed or extended has a capacity of more than 100 megawatts, where the decision has been made before 31st December 2025. 2 In such a case— a the provisions of the 1990 Act are to continue to apply to the decision as if the amendments in article 3 had not been made, b the decision is to have effect, and the provisions of the 1990 Act are to continue to apply, in relation to— i the development in respect of which the decision has been made, and ii anything else authorised or required by the decision, as if the amendments in article 3 had not been made, c where the decision is amended or changed under the relevant provisions of the 1990 Act, the decision is to have effect and the provisions of the 1990 Act are to continue to apply, in relation to— i the development authorised by the decision as amended or changed, and ii anything else authorised or required by the decision as amended or changed, as if the amendments in article 3 had not been made, d where a new or replacement decision is made as a result of an appeal to the Secretary of State or following an application to the High Court, that decision is to have effect and the provisions of the 1990 Act are to continue to apply, in relation to— i the development in respect of which the new or replacement decision has effect, and ii anything else authorised or required by the new or replacement decision, as if the amendments in article 3 had not been made. Planning permission applications refused before 31st December 2025 10 1 Paragraph (2) applies where, before 31st December 2025, an application for planning permission for the construction or extension of a generating station which— a generates electricity from wind, and b when constructed or extended has a capacity of more than 100 megawatts, has been refused. 2 In such a case— a the provisions of the 1990 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 reversed on appeal to the Secretary of State or quashed following an application to the High Court, article 8(2) of this Order applies to any appeal decision or redetermination of the application. Michael Shanks Parliamentary Under-Secretary of State Department for Energy Security and Net Zero 9th June 2025