Q&As

If a planning application has been granted on the basis of there being imperative reasons of overriding public interest (IROPI) and as a result compensatory measures have been granted, what would happen to the planning permission if the grounds on which the IROPI case was made out no longer exist? Would the compensation measures still stand?

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Produced in partnership with Jo Hannah of Winckworth Sherwood
Published on LexisPSL on 25/03/2020

The following Planning Q&A produced in partnership with Jo Hannah of Winckworth Sherwood provides comprehensive and up to date legal information covering:

  • If a planning application has been granted on the basis of there being imperative reasons of overriding public interest (IROPI) and as a result compensatory measures have been granted, what would happen to the planning permission if the grounds on which the IROPI case was made out no longer exist? Would the compensation measures still stand?

If a planning application has been granted on the basis of there being imperative reasons of overriding public interest (IROPI) and as a result compensatory measures have been granted, what would happen to the planning permission if the grounds on which the IROPI case was made out no longer exist? Would the compensation measures still stand?

The Council Directive 92/43/EEC 21 May 1992 (Habitats Directive) seeks to protect European sites from damage by plans or projects affecting those sites.

The provisions of the Habitats Directive have been transposed into domestic legislation in the Conservation of Habitats and Species Regulations 2017 (CHSR 2017), SI 2017/1012.

CHSR 2017, SI 2017/1012, reg 63 provides that a competent authority (including a local planning authority (LPA)), before deciding to give permission for a plan or project which is likely to have a significant effect on a European site (for example a Special Area of Conservation), must make an appropriate assessment of the implications of the plan or project for that site in view of the site’s conservation objective.

CHSR 2017, SI 2017/1012, reg 64 provides that if the assessment shows negative impacts on the European site the competent authority may still grant planning permission for the project if it is satisfied that, there being no alternative solutions, the plan or project must be carried out for imperative reasons (IROPI).

‘IROPI’ means that where the

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