36. The Secretary of State or an inspector must not grant planning permission or subsequent consent under section 177(1)(1) of the Act (grant or modification of planning permission on appeals against enforcement notices) in respect of unauthorised EIA development unless an EIA has been carried out in respect of that development.
Section 177 was amended by sections 6 and 32 of, and paragraph 24 of Schedule 7 to, the Planning and Compensation Act 1991; and by section 123 of the Localism Act 2011.