Planning and Development Act 2024

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Refusal of retrospective consent: direction by Commission to take remedial measures

133. (1) Where the Commission decides under section 123 to refuse to grant retrospective consent, it may serve a draft direction on the applicant concerned requiring the applicant to cease all activities and operations and take such remedial measures, within the period specified in the draft direction, as the Commission considers are necessary—

(a) to restore the site on or at which the development to which the application relates is situated, to a safe and environmentally sustainable condition, or

(b) to avoid, in a European site, the deterioration of natural habitats and the habitats of species or the disturbance of the species for which the site has been designated, insofar as such disturbance could be significant having regard to the objectives of the Habitats Directive.

(2) A draft direction referred to in subsection (1) shall give the reasons why the Commission considers that the specified remedial measures are necessary and shall inform the applicant on whom the draft direction is served that the applicant may make submissions to the Commission in relation to the draft direction before the end of the period of 4 weeks beginning on the date of service of the draft direction.

(3) Where the Commission serves a draft direction on an applicant under subsection (1), it shall at the same time send a copy of the draft direction to the appropriate planning authority and shall inform the planning authority that it may make submissions to the Commission in relation to the draft direction before the end of the period of 4 weeks beginning on the date of service of the draft direction.

(4) A draft direction served under subsection (1) shall require the person on whom the draft direction is served—

(a) to take the remedial measures specified in the draft direction,

(b) to keep records of the remedial measures being carried out in accordance with the draft direction,

(c) to carry out the remedial measures in such order, specified in the draft direction, as the Commission considers appropriate,

(d) to comply with any requirements relating to monitoring and inspection, by the appropriate planning authority, of the remedial measures specified in the draft direction, and

(e) to carry out the remedial measures within the period of time specified in the draft direction.

(5) The Commission shall consider any submissions in relation to the draft direction made to it, before the end of the period of 4 weeks beginning on the date of service of the draft direction by the applicant to whom the draft direction was issued or the appropriate planning authority and shall, as soon as may be thereafter do one of the following—

(a) serve notice on the applicant confirming the draft direction,

(b) give a direction to the applicant varying the draft direction (a “varied direction”), or

(c) withdraw the draft direction,

and shall send a copy of the draft direction, as so confirmed or varied to the appropriate planning authority, or inform the authority of its decision to withdraw the draft direction, as the case may be.

(6) Particulars of the giving, variation or withdrawal of a draft direction under this section shall be entered in the register.

(7) A person who fails to comply with—

(a) a direction as confirmed by a notice served on the person, or

(b) a varied direction given to the person,

by the Commission under subsection (5) within the period specified in the direction shall be guilty of an offence.

(8) A direction or draft direction under this section shall not require the taking of remedial measures in relation to a development to which subsection (3) of section 353 applies that was carried out more than 7 years before the commencement of this subsection.

(9) Where requirements relating to monitoring and inspection of remedial measures by a planning authority are specified in a direction under this section, the planning authority shall carry out the monitoring and inspection in accordance with the direction.

(10) Notwithstanding the repeal of section 177L of the Act of 2000 by section 6 , that section shall, on and after that repeal, continue to apply and have effect in relation to—

(a) a draft direction under subsection (1) of the said section 177L given before that repeal, or

(b) a direction under subsection (5) of the said section 177L issued before that repeal.