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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237. (1) A competent authority shall, for the purpose of carrying out a screening for environmental impact assessment under section 229 in relation to a relevant development that has been or is being carried out, take account of any likely significant effects on the environment that— | ||
(a) have occurred, | ||
(b) are occurring, or | ||
(c) could reasonably be expected to occur, | ||
by reason of the development having already been carried out. | ||
(2) An environmental impact assessment report prepared in accordance with section 234 in relation to an application for retrospective consent shall include— | ||
(a) a statement of the likely significant effects (if any) on the environment that— | ||
(i) have occurred, | ||
(ii) are occurring, or | ||
(iii) could reasonably be expected to occur, | ||
by reason of the development having already been carried out, | ||
(b) details of any measures already undertaken to avoid, prevent, remedy, mitigate, reduce or offset such significant adverse effects on the environment, | ||
(c) details of measures proposed to be undertaken by the applicant for retrospective consent to remedy, mitigate, reduce or offset any significant adverse effects on the environment that have already occurred by reason of the development having already been carried out, | ||
(d) details of measures proposed to be undertaken by the applicant for retrospective consent to avoid, prevent, reduce or offset any likely significant effects on the environment that could reasonably be expected to occur by reason of the development having already been carried out, and | ||
(e) such other information as may be prescribed. | ||
(3) A competent authority shall, for the purpose of carrying out an environmental impact assessment under section 236 in relation to an application for retrospective consent— | ||
(a) identify, describe and assess the direct and indirect significant effects of the relevant development concerned on the environment that— | ||
(i) have occurred, | ||
(ii) are occurring, or | ||
(iii) could reasonably be expected to occur, | ||
by reason of the development having already been carried out, | ||
(b) consider any measures already undertaken to remedy, mitigate, reduce or offset any significant effects on the environment that have already occurred by reason of the development having already been carried out, | ||
(c) consider any measures that the applicant for retrospective consent proposes to take in the future, or any condition that the competent authority is considering attaching to a grant of retrospective consent, for the purpose of avoiding, preventing, remedying, mitigating, reducing or offsetting significant adverse effects on the environment that— | ||
(i) have occurred, | ||
(ii) are occurring, or | ||
(iii) could reasonably be expected to occur, | ||
by reason of the development having already been carried out, and | ||
(d) reach a reasoned conclusion on the significant effects (if any) of the development on the environment. |