The Infrastructure Planning (Onshore Wind and Solar Generation) Order 2025
The Infrastructure Planning (Onshore Wind and Solar Generation) Order 2025 amends the Planning Act 2008 to redefine nationally significant infrastructure projects.
It removes the exclusion of onshore wind from this designation and sets a capacity threshold of over 100 megawatts for onshore wind and solar projects to fall under this act.
Transitional provisions address applications and decisions made before the order's effective date (December 31, 2025), ensuring ongoing projects aren't disrupted.
Arguments For
Accelerated Renewable Energy Development: Streamlines the planning process for large-scale onshore wind and solar projects, potentially leading to faster deployment of renewable energy sources and contributing to the UK's net-zero targets.
Improved Energy Security: Increases the capacity of domestically produced renewable energy, reducing reliance on imported fossil fuels and enhancing energy independence.
Economic Growth: Creates jobs and stimulates economic activity through investments in renewable energy infrastructure and related industries.
Legal Basis: The Order is made under the powers conferred by sections 14(3), (4), and 232(3) of the Planning Act 2008, providing a clear legal foundation for the changes.
Environmental Benefits: Promotes a transition to cleaner energy sources, reducing greenhouse gas emissions and mitigating climate change.
Arguments Against
Potential Delays in Existing Projects: Transitional provisions are included to manage impacts on projects already underway under existing legislation, but some delays may still occur.
Increased Planning Complexity: The changes might create complexities in the planning process for developers and local authorities, particularly with large-scale projects.
Community Concerns: Large-scale renewable projects can lead to local concerns regarding visual impact, environmental effects, and grid connection. Effective mitigation and community engagement are crucial.
Unintended Consequences: The impacts of changes to planning regulations may have unforeseen consequences that require monitoring and adjustment.
Alternative Approaches: The Order focuses on a single approach to planning for renewable energy; other strategies such as regional planning, incentives, and market mechanisms may require consideration.
Citation and commencement and extent (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.
This section establishes the order's official title, effective date (December 31, 2025), and geographical scope (England and Wales).
Interpretation In this Order— “the 1990 Act” means the Town and Country Planning Act 1990; “the 2008 Act” means the Planning Act 2008.
This section defines key terms used throughout the order. 'The 1990 Act' refers to the Town and Country Planning Act 1990, while 'The 2008 Act' refers to the Planning Act 2008.
Amendments to the 2008 Act (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),”.
This section details specific amendments to Section 15 of the Planning Act 2008, which deals with generating stations.
It modifies the definition of generating stations to include onshore wind power and increases the capacity threshold for certain projects to 100 megawatts.
Subsection (2A) is added to clarify which generating stations are covered under this subsection.
Transitional and savings provisions Article 3 applies subject to the transitional and savings provisions provided for in articles 5 to 10 below.
This section indicates that the amendments in Article 3 are subject to transitional provisions detailed in subsequent articles (5-10).
These provisions aim to prevent disruption to projects already in progress.
Development consent applications made before 31st December 2025 (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.
This article outlines transitional arrangements for solar power generation applications accepted before December 31, 2025, but not yet decided.
These applications will continue to be processed according to the pre-amendment version of the 2008 Act, ensuring continuity.
Development consent orders made before 31st December 2025 (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.
Similar to Article 5, this article addresses orders granting development consent for solar projects already approved before December 31, 2025.
These orders will continue under the pre-amendment rules of the 2008 Act.
Development consent applications refused before 31st December 2025 (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.
This article covers applications for solar projects with capacities over 100 megawatts that were refused before December 31, 2025.
Refusals remain under the old rules unless a judicial review overturns the decision, triggering the provisions of Article 5(2).
Planning permission applications made before 31st December 2025 (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.
This article establishes transitional measures for onshore wind projects exceeding 100 megawatts that applied for planning permission under the 1990 Act before December 31, 2025, but have not yet received a decision.
Ongoing applications will continue under the previously existing rules.
Planning permission applications granted before 31st December 2025 (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.
This article covers onshore wind projects over 100 megawatts that were granted planning permission under the 1990 Act prior to December 31, 2025.
These projects will continue to operate under the 1990 Act's provisions.
Planning permission applications refused before 31st December 2025 (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.
This article covers onshore wind projects with capacities over 100 megawatts whose planning permission applications were refused before December 31, 2025.
The refusals remain valid under the previous legislation.
However, if overturned on appeal, Article 8(2) applies.