With this it will be convenient to discuss the following:
Amendment 24, in clause 79, page 46, line 20, leave out “31 March 2016” and insert “1 March 2017”.
This amendment and amendments 25, 26, 40, 41, 42, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38 and 39 have the effect of closing the Renewables Obligation for onshore wind a month earlier than the original date set out in the Statutory Instrument: Renewables Obligation Closure Order 2014: 2388, rather than a year earlier, as the Bill does in its present form.
Amendment 25, page 46, line 25, leave out “31 March 2016” and insert “1 March 2017”.
Amendment 22, page 47, line 22, leave out clause 80.
Amendment 26, in clause 80, page 47, line 27, leave out “31 March 2016” and insert “1 March 2017”.
Amendment 27, page 47, line 30, leave out “31 March 2016” and insert “1 March 2017”.
Amendment 28, page 47, line 36, leave out “31 March 2017” and insert “1 March 2017”.
Amendment 29, page 47, line 42, leave out “31 March 2017” and insert “1 March 2017”.
Amendment 30, page 48, line 3, leave out “31 March 2016” and insert “1 March 2017”.
Amendment 31, page 48, line 6, leave out “31 March 2017” and insert “1 March 2017”.
Amendment 32, page 48, line 20, leave out “31 March 2016” and insert “1 March 2017”.
Amendment 33, page 48, line 33, leave out “1 April 2017” and insert “2 March 2017”.
Amendment 34, page 48, line 43, leave out “1 April 2017” and insert “2 March 2017”.
Amendment 35, page 49, line 8, leave out “1 April 2017” and insert “2 March 2017”.
Amendment 36, page 49, line 17, leave out “1 April 2017” and insert “2 March 2017”.
Amendment 37, page 50, line 13, leave out “18 June 2015” and insert “18 May 2016”.
Amendment 1, page 50, line 18, leave out “planning permission” and insert
“an application for 1990 Act permission or 1997 Act permission”.
Amendment 38, page 50, line 19, leave out “18 June 2015” and insert “18 May 2016”.
Amendment 2, page 50, line 20, leave out “or judicial review”.
Amendment 3, page 50, line 30, after “Act” insert
“(excluding an extension agreed for the purposes of section 78(2) of the 1990 Act or section 47(2) of the 1997 Act)”.
Amendment 52, page 50, line 34, after “application”, insert
“(provided that this period does not include any extension agreed for the purposes of section 78(2) of the 1990 Act or section 47(2) of the 1997 Act”.
Amendment 4, page 50, line 35, leave out paragraph (iii).
Amendment 39, page 50, line 40, leave out “18 June 2015” and insert “18 May 2016”.
Amendment 53, page 50, line 40, after “18th June 2015”, insert “whether”.
Amendment 6, page 50, line 40, leave out “following an appeal”.
Amendment 5, page 50, line 40, after “following an appeal” insert—
“or a decision made by the Secretary of State, Welsh Ministers or Scottish Ministers following directions given under section 77 of the 1990 Act or section 46 of the 1997 Act, and”.
Amendment 54, page 50, line 40, after “appeal”, insert “or otherwise”.
Amendment 23, page 50, line 46, at end insert
“, or
(e) evidence that—
(i) an application for 1990 Act permission or 1997 Act permission was made on or before 18th June 2015 for the station or for additional capacity,
(ii) a grant of planning permission was resolved by the relevant planning authority on or before 18th June 2015,
(iii) planning permission was granted after 18th June 2015, and
(iv) any conditions as to the time period within which the development to which the permission relates must be begun have not been breached.”.
Amendment 7, page 50, line 46, at end insert—
“( ) evidence that—
(i) an application for 1990 Act permission or 1997 Act permission was made on or before 18 June 2015 for the station or additional capacity,
(ii) the period allowed under section 78(2) of the 1990 Act or (as the case may be) section 47(2) of the 1997 Act (excluding an extension agreed for the purposes of section 78(2) of the 1990 Act or section 47(2) of the 1997 Act) ended on or before 18 June 2015 without the things mentioned in section 78(2)(a) or (aa) of the 1990 Act or section 47(2)(a) or (b) of the 1997 Act being done in respect of the application,
(iii) the application was referred to the Secretary of State, Welsh Ministers or Scottish Ministers in accordance with directions given under section 77 of the 1990 Act or section 46 of the 1997 Act,
(iv) 1990 Act permission or 1997 Act permission was granted after 18 June 2015, and
(v) any conditions as to the time period within which the development to which the permission relates must be begun have not been breached.”.
Amendment 8, page 50, line 46, at end insert—
“( ) evidence that—
(i) an application for 1990 Act permission or 1997 Act permission was made on or before 18 June 2015 for the station or for additional capacity,
(ii) the relevant planning authority resolved to grant 1990 Act permission or 1997 Act permission on or before 18 June 2015,
(iii) 1990 Act permission or 1997 Act permission was granted after 18 June 2015, and
(iv) any conditions as to the time period within which the development to which the permission relates must be begun have not been breached.”.
Amendment 9, page 50, line 46, at end insert—
“( ) evidence that—
(i) an application for consent for the station or for additional capacity was made under section 36 of this Act,
(ii) the consultation period prescribed by Regulations made under paragraphs 2(3) or 3(1)(c) of Schedule 8 to this Act had expired on or before 18 June 2015,
(iii) the Secretary of State caused a public inquiry to be held under paragraph 2(2) or 3(3) of Schedule 8 to this Act or decided that a public inquiry need not be held,
(iv) consent was granted by the Secretary of State after 18 June 2015, and
(v) any conditions as to the time period within which the development to which the permission relates must be begun have not been breached.”.
Amendment 10, page 50, line 46, at end insert—
“( ) evidence that—
(i) an application for development consent for the station or for additional capacity was made under section 37 of the Planning Act 2008,
(ii) the deadline for receipt of representations under section 56(4) of the Planning Act 2008 had expired on or before 18 June 2015,
(iii) consent was granted by the Secretary of State after 18 June 2015, and
(iv) any conditions as to the time period within which the development to which the permission relates must be begun have not been breached.”.
Amendment 11, page 50, line 46, at end insert—
“( ) evidence that—
(i) planning permission for the station or additional capacity was granted on or before 18 June 2015,
(ii) planning permission under sections 73, 90(2), 90(2ZA) or 96A of the 1990 Act or sections 42, 57(2), 57(2ZA) or 64 of the 1997 Act, a consent under section 36C of this Act, or an order under section 153 of, and paragraph 2 or 3 of Schedule 6 to, the Planning Act 2008 varying the planning permission under clause 32LJ(4)(i)(i) was granted after 18 June 2015, and
(iii) any conditions as to the time period within which the development to which the permission relates must be begun have not been breached.”.
Amendment 12, page 50, line 46, at end insert—
“( ) evidence that—
(i) 1990 Act permission or 1997 Act permission for the station or additional capacity was granted on or before 18 June 2015,
(ii) consent under section 36 of this Act that permits a greater capacity for the station than that permitted by the planning permission under clause 32LJ(4)(j)(i) was granted after 18 June 2015, and
(iii) any conditions as to the time period within which the development to which the permission relates must be begun have not been breached.”.
Amendment 13, page 50, line 46, at end insert—
“( ) evidence that—
(i) planning permission for the station or additional capacity was granted on or before 18 June 2015,
(ii) planning permission under clause 32LJ(4)(k)(i) was superseded by a subsequent planning permission granted after 18 June 2015 permitting a station with the same or a lower capacity than that granted under the planning permission referred to in clause 32LJ(4)(k)(i), and
(iii) any conditions as to the time period within which the development to which the permission relates must be begun have not been breached.”.
Amendment 14, page 50, line 46, at end insert—
“( ) evidence that—
(i) planning permission for the station or additional capacity was granted or refused on or before 18 June 2015, and was subsequently confirmed or granted after that date following a statutory challenge under section 288 of the 1990 Act, section 237 of the 1997 Act or section 118 of the Planning Act 2008, or following a judicial review, and
(ii) any conditions as to the time period within which the development to which the permission relates must be begun have not been breached.”
Amendment 15, page 50, line 48, leave out sub-paragraph 5(a) and insert—
“(a) evidence of an agreement with a network operator to carry out grid works in relation to the station or additional capacity and was originally made on or before 18th June 2015 notwithstanding the fact that may have subsequently been amended or modified, and
(ab) a copy of a document written by, or on behalf of, the network operator which estimated or set a date for completion of the grid works which was no later than 31 March 2017; or”.
Amendment 40, page 50, line 49, leave out “18 June 2015” and insert “18 May 2016”.
Amendment 41, page 51, line 10, leave out “18 June 2015” and insert “18 May 2016”.
Amendment 16, page 51, line 26, at end insert
“and includes planning permission deemed to be granted in accordance with section 90 of that Act”.
Amendment 17, page 51, line 31, at end insert
“and includes planning permission deemed to be granted in accordance with section 57 of that Act”.
Amendment 18, page 52, line 6, leave out “from a recognised lender”.
Amendment 42, page 52, line 16, leave out “31 March 2017” and insert “1 March 2017”.
Amendment 19, page 52, leave out lines 27 to 29, and insert—
“In this section “recognised lender” means a bank or financial institution or trust or fund or other financial entity which is regulated by the relevant jurisdiction and which is engaged in making, purchasing or investing in loans, securities or other financial instruments.”.
Amendment 20, page 52, line 32, leave out subsection (6).
Amendment 43, page 54, line 19, leave out “31 March 2016” and insert “1 March 2017”.
Amendment 44, page 54, line 21, leave out “31 March 2017” and insert “1 March 2017”.
Government amendment 50.
Amendment 45, in clause 81, page 56, line 3, leave out “31 March 2016” and insert “1 March 2017”.
Amendment 21, page 56, line 3, leave out subsection (a) and insert—
“(aa) by a 33kV connected onshore wind generating station consented after 30 September 2015, or
(ab) by a cluster connected onshore wind generating station consented after 31 October 2015, and”.
Amendment 46, page 56, line 6, leave out “31 March 2016” and insert “1 March 2017”.