Common use of Onerous Conditions Clause in Contracts

Onerous Conditions. 2.1 An Onerous Condition is one which contains an obligation or restriction of any one or more of the following kinds: (a) requiring the expenditure of money or other consideration on the provision of any infrastructure, affordable housing or other works or amenity inside the Property or elsewhere which are not contained in the Planning Application which infringe the tests of reasonableness of such obligations from time to time laid down by the Secretary of State whether by circular or otherwise; (b) [other than in respect of Affordable Dwellings] limits the occupation and/or use of the whole or any material part of the Property to any designated occupier or class of occupier (whether by imposing a geographical qualification upon proposed occupiers or otherwise); (c) permits any use of the Property not materially in accordance with the Planning Application; (d) preventing development without: (i) a further planning permission; or (ii) the agreement or co-operation of an independent third party which cannot be obtained on terms, at a cost or within a time that are reasonable in the circumstances; and/or (e) requiring any matter, being something which is properly a reserved matter, to be submitted to the Local Planning Authority for approval within some period of less than three years after the grant of the Planning Permission. 2.2 The Tenant shall notify the Landlord in writing within 10 Working Days of the receipt of Planning Permission of whether or not the Tenant regards the Planning Permission as a Satisfactory Planning Permission and include its reasons if it considers that it is not a Satisfactory Planning Permission. 2.3 A Planning Permission shall be treated as a Satisfactory Planning Permission unless the Tenant notifies the Landlord within 20 Working Days of the receipt of the Planning Permission that the Tenant regards the Planning Permission as a Planning Refusal because of the presence of an Onerous Condition. 2.4 Any dispute between the Landlord and the Tenant as to whether a Planning Permission is a Satisfactory Planning Permission may be referred by either the Landlord or the Tenant to an Independent Person in accordance with clause 11 of this Agreement.

Onerous Conditions. 2.1 An Onerous Condition is one which contains an obligation or restriction of any one or more of the following kinds: (a) requiring the expenditure of money or other consideration on the provision of any infrastructure, affordable housing or other works or amenity inside the Property or elsewhere which are not contained in the Planning Application which infringe the tests of reasonableness of such obligations from time to time laid down by the Secretary of State whether by circular or otherwise; (b) [other than in respect of Affordable Dwellings] limits the occupation and/or use of the whole or any material part of the Property to any designated occupier or class of occupier (whether by imposing a geographical qualification upon proposed occupiers or otherwise); (c) permits any use of the Property not materially in accordance with the Planning Application; (d) preventing development without: (i) a further planning permission; or (ii) the agreement or co-operation of an independent third party which cannot be obtained on terms, at a cost or within a time that are reasonable in the circumstances; and/or (e) requiring any matter, being something which is properly a reserved matter, to be submitted to the Local Planning Authority for approval within some period of less than three years after the grant of the Planning Permission. 2.2 The Tenant shall notify the Landlord in writing within 10 Working Days of the receipt of Planning Permission of whether or not the Tenant regards the Planning Permission as a Satisfactory Planning Permission and include its reasons if it considers that it is not a Satisfactory Planning Permission. 2.3 A Planning Permission shall be treated as a Satisfactory Planning Permission unless the Tenant notifies the Landlord within 20 Working Days of the receipt of the Planning Permission that the Tenant regards the Planning Permission as a Planning Refusal because of the presence of an Onerous Condition. 2.4 Any dispute between the Landlord and the Tenant as to whether a Planning Permission is a Satisfactory Planning Permission may be referred by either the Landlord or the Tenant to an Independent Person in accordance with clause 11 of this Agreement.

Onerous Conditions. 2.1 An Onerous Condition is one which contains an obligation or restriction of any one or more of the following kinds: (a) requiring the expenditure of money or other consideration on the provision of any infrastructure, affordable housing or other works or amenity inside the Property or elsewhere which are not contained in the Planning Application which infringe the tests of reasonableness of such obligations from time to time laid down by the Secretary of State whether by circular or otherwise; (b) [other than in respect of Affordable Dwellings] Dwellings limits the occupation and/or use of the whole or any material part of the Property to any designated occupier or class of occupier (whether by imposing a geographical qualification upon proposed occupiers or otherwise); (c) permits any use of the Property not materially in accordance with the Planning Application; (d) preventing development without: (i) a further planning permission; or (ii) the agreement or co-operation of an independent third party which cannot be obtained on terms, at a cost or within a time that are reasonable in the circumstances; and/or (e) requiring any matter, being something which is properly a reserved matter, to be submitted to the Local Planning Authority for approval within some period of less than three years after the grant of the Planning Permission. 2.2 The Tenant shall notify the Landlord in writing within 10 Working Days of the receipt of Planning Permission of whether or not the Tenant regards the Planning Permission as a Satisfactory Planning Permission and include its reasons if it considers that it is not a Satisfactory Planning Permission. 2.3 A Planning Permission shall be treated as a Satisfactory Planning Permission unless the Tenant notifies the Landlord within 20 Working Days of the receipt of the Planning Permission that the Tenant regards the Planning Permission as a Planning Refusal because of the presence of an Onerous Condition. 2.4 Any dispute between the Landlord and the Tenant as to whether a Planning Permission is a Satisfactory Planning Permission may be referred by either the Landlord or the Tenant to an Independent Person in accordance with clause 11 of this Agreement.