When an article 39 application must be made
Any person wishing to construct, extend or operate an electricity generating station in Northern Ireland must apply for an Article 39 Consent from the Department for the Economy (DfE), if the capacity of the station exceeds certain limits.
In the case of onshore, a generating station whose capacity exceeds 10 megawatts or when constructed or extended the capacity will exceed 10 megawatts. In the case of offshore a generating station whose capacity exceeds 1 megawatt. (Offshore means mainly driven by wind or water and is situated in waters adjacent to Northern Ireland).
Under Article 39 of the Electricity (Northern Ireland) Order 1992 DfE is given powers to grant or refuse the consent. In assessing applications DfE follows certain criteria, details of which are published in the Guidance Document assessable at the link below.
Each Article 39 application should be submitted to DfE in writing using the Article 39 application form.
The application form also provides a checklist of all other items that should be submitted with the form.
In addition DfE has produced a guidance document which provides more information on the consenting process.