Darragh O'Brien (Dublin Fingal, Fianna Fail) | Oireachtas source

No, I think it is on a case-by-case basis using the expert advice they have within the planning authority. It could be with regard to biodiversity loss. Section 130(1) states "Where the Commission decides under ... [this section] to refuse to grant retrospective consent, it may serve a draft direction on the applicant concerned requiring the applicant to cease all activities ...". It then refers to measures:

(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 ... [etc.]

It has to be assessed on a case-by-case basis.