Unauthorised environmental impact assessment development enforcement: consultation analysis- summary

Question 4

Do you have any comment on the circumstances in which planning authorities may want to retrospectively grant planning permission for unauthorised EIA development?

Summary/Themes

18. Three respondents answered 'no' to this question. Another three commented that reasons for wishing to grant permission retrospectively could include where it was not in the public interest to take enforcement action, or where the adverse environmental impact of reversing the development would itself be significant.

19. One respondent highlighted that it is for a 'planning authority to determine whether it is in the public interest to pursue the breach of planning control.' They also went on to state that 'Given it may be that the development has been taken forward (albeit outwith planning control and EIA processes) in line with all other relevant legislation, appropriate mitigation is included in the development, and it can be demonstrated that the development is compliant with the development plan there should be no need to refuse planning permission.'

20. Further comments were received around the need for:

• consistency in decisions across different planning authorities,
• a disincentive to develop without permission e.g. fines
• the potential use of local forums to consider cases,
• further guidance in Circular 10/2009: Planning Enforcement, which covers retrospective applications.