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What is substitute consent?

Substitute consent is the exceptional route for regularising development that was carried out without permission but would have required environmental impact assessment or appropriate assessment. It is applied for to An Coimisiún Pleanála, usually after leave is granted.

Ordinary retention permission is not available where the development would have needed EIA or AA, because European law does not permit assessment to be bypassed. Substitute consent fills that gap with a stricter process.

The applicant must generally show exceptional circumstances justifying the grant of consent after the fact, and must prepare a remedial environmental impact assessment report or remedial Natura impact statement.

Where it typically arises

  • Quarries and extractive industry
  • Peat extraction and large-scale drainage
  • Development affecting a European site
  • Projects above EIA thresholds built without consent

Sources

Last reviewed 28 August 2026. General information only — not legal or planning advice.

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