Planning and Development Act 2024
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Additional provisions applicable to application in connection with development already carried out | ||
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218. (1) In carrying out a screening for appropriate assessment under section 212 in relation to development, a competent authority shall take account of any significant effects on a European site that— | ||
(a) have occurred, | ||
(b) are occurring, or | ||
(c) can reasonably be expected to occur, | ||
by reason of the development’s having already been carried out. | ||
(2) A Natura impact statement prepared in accordance with section 215 in relation to an application for retrospective consent shall include— | ||
(a) a statement of the significant effects (if any) on a European site that— | ||
(i) have occurred, | ||
(ii) are occurring, or | ||
(iii) can reasonably be expected to occur, | ||
by reason of the development’s having already been carried out, | ||
(b) details of— | ||
(i) any measures already undertaken to remedy or mitigate any significant effects on the European site concerned that have already occurred by reason of the development’s having already been carried out, and | ||
(ii) any observed effects that those measures have had by the date of the preparation of the statement, | ||
(c) details of any measures proposed to be undertaken by the applicant for retrospective consent to remedy or mitigate any significant effects on the European site concerned that— | ||
(i) have already occurred by reason of the development’s having already been carried out, or | ||
(ii) can reasonably be expected to occur by reason of the development’s having already been carried out, | ||
and | ||
(d) such other information as may be prescribed. | ||
(3) In carrying out an appropriate assessment under section 217 in relation to an application for retrospective consent, a competent authority shall— | ||
(a) identify any significant effects on a European site that— | ||
(i) have occurred, | ||
(ii) are occurring, or | ||
(iii) can reasonably be expected to occur, | ||
by reason of the development’s having already been carried out, | ||
(b) assess the extent of the effects identified under paragraph (a) and their implications for the site, having regard to the site’s conservation objectives, | ||
(c) consider— | ||
(i) any measures already undertaken to remedy or mitigate any significant effects on the European site concerned that have already occurred by reason of the development’s having already been carried out, and | ||
(ii) any observed effects that those measures have had by the date of the carrying out of the appropriate assessment, | ||
(d) consider any measures that the applicant for retrospective consent proposes to take, or any condition that the competent authority would propose to attach to any grant of retrospective consent, for the purpose of avoiding or reducing potential harmful effects on the site that— | ||
(i) have occurred, | ||
(ii) are occurring, or | ||
(iii) can reasonably be expected to occur, | ||
by reason of the development’s having already been carried out, and | ||
(e) having performed the functions under the foregoing paragraphs of this subsection, make a determination as to whether or not any reasonable scientific doubt exists as to the absence of adverse effects on the integrity of any European site. |