Section 36 of the Electricity Act 1989 requires that proposals for electricity generating stations of greater than 50 MW generating capacity require the express approval of the Secretary of State. This allows the Secretary of State to assess proposals against relevant national energy policy. Section 36 consent is separate from planning permission, which is also required for the project. Under Section 90 (2) of the Town and Country Planning Act 1990 the Secretary of State may direct that planning permission for the project be deemed to be granted at the same time as granting consent under Section 36 of the Electricity Act 1989.
