If the previous report has been submitted as part of the Planning regime process then it is there for society to view.
Under Copyright Law, there is nothing wrong with anyone reading the report online.
Copying/downloading that report and relying on that document as part a new application (for example) without the permission of the copyright holder may be an infringement of their copyright.
However, the concept of fair use/dealing could come into play under Criticism or Review.
http://www.copyrightservice.co.uk/copyright/p27_work_of_others#fair_dealing
I would think it entirely reasonable under fair dealing for a consultant to read an online report on a planning portal (which has been made available to the public) and then in their report acknowledge the existence of the report and perhaps include a summary review of what was done (and perhaps even a summary review of general findings) and acknowledge that no reliance can be placed on the findings of the original report. I do not think this could constitute a derivative work.
This looks entirely consistent, for example, with Gloucester CC policy: " You may only use material which is downloaded and/or printed for consultation purposes, to compare current applications with previous schemes and to check whether developments have been completed in accordance with approved plans".
http://www.gloucester.gov.uk/LGNL/Business/Planning/Planning-developmentcontrol/PlanningApplicationsOnline.aspx
Chris Dainton
Peak Environmental Solutions Limited
Unit 10, Aston Ind Estate, Parsons Lane, Hope, Hope Valley, Derbyshire, S33 6RB
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