Planning and Development Act 2024
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Decision on application for retrospective consent | ||
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131. (1) The Commission shall not decide to grant retrospective consent under section 123 (whether subject to conditions or not), unless it is satisfied in accordance with section 135 that exceptional circumstances exist that justify the grant of such consent. | ||
(2) Before deciding whether to grant retrospective consent under section 123 , the Commission shall, in addition to consideration of the matters to which it is required to have regard pursuant to this Act, also consider the significant effects on the environment, or on a European site, that have occurred, are occurring or could reasonably be expected to occur by reason of the development that is the subject of the application for retrospective consent having been carried out. | ||
(3) Where the Commission decides to grant retrospective consent under section 123 , the Commission shall, in the decision and the notice of the decision under section 125 , state the main reasons for being satisfied under subsection (1) that exceptional circumstances exist that justify the grant of the consent. | ||
(4) Where an applicant for retrospective consent also applies for permission for development under subparagraph (i) or (ii) of paragraph (a) of subsection (3) of section 129 , the Commission shall not grant permission for that development unless it also grants the retrospective consent. | ||
(5) Where the Commission decides to grant retrospective consent under section 123 , the Commission may, in addition to such conditions as may be attached under section 87 , attach conditions requiring the taking of measures to remedy any significant adverse effects on the environment of the development and fixing a time within which such measures are to be taken. |