30. Section 177K of the Principal Act is amended—

(a) by the insertion of the following subsection after subsection (1I):

“(1J) In considering whether exceptional circumstances exist under subsection (1A)(a) the Board shall have regard to the following matters:

(a) whether regularisation of the development concerned would circumvent the purpose and objectives of the Environmental Impact Assessment Directive or the Habitats Directive;

(b) whether the applicant had or could reasonably have had a belief that the development was not unauthorised;

(c) whether the ability to carry out an assessment of the environmental impacts 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 the applicant has complied with previous planning permissions granted or has previously carried out an unauthorised development;

(g) such other matters as the Board considers relevant.”,

(b) in subsection (2)(c), by the insertion of “or in accordance with a requirement under subsection (2CA), (2CB) or (2CC)” after “submitted with the application”,

(c) by the insertion of the following subsections after subsection (2C):

“(2CA) Where the applicant submitted a remedial Natura impact statement under section 177E(2), but did not submit a remedial environmental impact assessment report under that section, and the Board determines that an environmental impact assessment was required or is required, the Board shall require the applicant to submit such a report within a specified period.

(2CB) Where the applicant submitted a remedial environmental impact assessment report under section 177E(2), but did not submit a remedial Natura impact statement under that section, and the Board determines that an appropriate assessment was required or is required, the Board shall require the applicant to submit such a statement within a specified period.

(2CC) Where section 177E(2A)(b) applies and a remedial environmental impact assessment report or remedial Natura impact statement, as the case may be, was not submitted with an application but is subsequently required under subsection (2CA) or (2CB), the Board shall, in relation to the part of the development referred to in section 177E(2A)(b) that has not been carried out at the time of the application, require the applicant to submit an environmental impact assessment report or a Natura impact statement, as the case may be, within a specified period.

(2CD) Where the Board requires the applicant to submit within a specified period a report under subsection (2CA), a statement under subsection (2CB), or a report or statement under subsection (2CC), and the report or statement is not submitted to it within that period, or within any further period that the Board may specify, the application shall be deemed to have been withdrawn by the applicant.”,

(d) in subsection (2D)(a), by the substitution of “in accordance with the Planning and Development Regulations 2001” for “under article 227(2A) of the Planning and Development Regulations 2001”,

(e) in subsection (2E)(a)(ii), by the substitution of “in accordance with the Planning and Development Regulations 2001” for “under article 227(2A) of the Planning and Development Regulations 2001”,

(f) in subsection (4)(aa), by the insertion of “where an environmental impact assessment was carried out,” before “the reasoned conclusion by the Board”,

(g) in subsection (4A)—

(i) in paragraph (b), by the insertion of “an environmental impact assessment was carried out and” before “the decision under subsection (1)”, and

(ii) in paragraph (c), by the substitution of “Where an environmental impact assessment was carried out, the Board shall” for “The Board shall”,

and

(h) in subsection (6), by the deletion of paragraph (a).