Planning and Development Act 2024
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Exceptional circumstances | ||
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135. In considering whether exceptional circumstances exist under subsection (1) of section 131 , the Commission shall have regard to the following: | ||
(a) whether or not regularisation of the development concerned would circumvent the purpose and objectives of the Environmental Impact Assessment Directive or the Habitats Directive; | ||
(b) whether or not the applicant had, or could reasonably have had, a belief that the development was not unauthorised; | ||
(c) whether or not the ability to carry out an assessment of the environmental effects of the development for the purpose of an environmental impact assessment or an appropriate assessment and to provide for public participation in such an assessment has been substantially impaired; | ||
(d) the actual or likely significant effects on the environment or adverse effects on the integrity of a European site resulting from the carrying out or continuation of the development; | ||
(e) the extent to which significant effects on the environment or adverse effects on the integrity of a European site can be remediated; | ||
(f) whether or not the applicant has complied with previous planning permissions granted or has previously carried out an unauthorised development; | ||
(g) such other matters as the Commission considers relevant. |