Planning Decisions Clause Samples
The Planning Decisions clause establishes the authority and procedures for making key determinations related to project planning. Typically, it outlines who is responsible for approving plans, schedules, or changes, and may specify timelines or criteria for such decisions. This clause ensures that there is a clear and efficient process for resolving planning issues, thereby minimizing delays and disputes during project execution.
Planning Decisions. 5.1 The Tenant is to notify the Landlord of each Planning Decision and provide a copy of the Planning Decision to the Landlord not later than ten working days after notice of the Planning Decision has been given to the Tenant.
5.2 If there is a Planning Refusal, the Tenant is to notify the Landlord in writing within four weeks after the date of the Planning Refusal whether it wishes to make an Appeal or commence Planning Proceedings in respect of that Planning Refusal.
5.3 Within twenty working days of receipt of the Planning Permission and any Planning Agreement the Tenant is to notify the Landlord in writing whether it considers that they contain Onerous Conditions which are unacceptable to the Tenant and:
5.3.1 if the Tenant does not do so, the Landlord may serve written notice on the Tenant requiring the Tenant to comply with this paragraph 5.3; and
5.3.2 if the Tenant does not respond within two weeks of a notice served under paragraph 5.3.1, the Planning Permission and any Planning Agreement, as the case may be, are to be treated as not containing Onerous Conditions.
5.4 If the Tenant serves notice under paragraph 5.3 that the Planning Permission or any Planning Agreement contains one or more Onerous Conditions the Landlord may serve notice on the Tenant within ten working days of the date of the Tenant’s notice, time being of the essence, requiring the question of whether the Planning Permission or the Planning Agreement, as the case may be, contains Onerous Conditions to be determined by a Specialist in accordance with clause 13.
5.5 The Tenant may waive its right to object to the terms of the Planning Permission or any Planning Agreement because of the presence of an Onerous Condition by serving written notice to this effect on the Landlord and on the service of notice under this paragraph 5.8, the Tenant will lose any right to object to the presence of the specified Onerous Condition in that Planning Permission or Planning Agreement, as the case may be.
Planning Decisions. SW2 Enterprise Centre
Planning Decisions. SW2 Enterprise Centre
4.1 The Developer is to notify the Council of each Planning Decision in relation to the SW2 Enterprise Centre Planning Application and provide a copy of the Planning Decision to the Council not later than five working days after notice of the Planning Decision has been given to the Developer.
4.2 If there is a Planning Refusal, the Developer is to notify the Council in writing within two weeks after the date of the Planning Refusal whether it wishes to make an Appeal or commence Planning Proceedings in respect of that Planning Refusal.
4.3 If Planning Permission is granted, the Council is to notify the Developer in writing within four weeks after the Permission Date whether it considers that:
4.3.1 the Planning Permission contains SW2 Enterprise Centre Onerous Conditions (Council) ; or
4.3.2 the Planning Permission is a Satisfactory SW2 Enterprise Centre Planning Permission.
4.4 On the service or deeming of notice by the Council under paragraph 4.3, the Planning Permission is to be treated as a Planning Refusal or a Satisfactory Planning Permission as the case may be.
4.5 If Planning Permission is granted, the Developer is to notify the Council in writing within four weeks after the later of the Permission Date for the SW2 Enterprise Centre Planning Permission and the Permission Date for the Surplus Property Planning Permission whether it considers that:
4.5.1 the Planning Permission contains SW2 Enterprise Centre Onerous Conditions (Developer); or
4.5.2 the Planning Permission is a Satisfactory SW2 Enterprise Centre Planning Permission.
4.6 On the service or deeming of notice by the Developer under paragraph 5.3, the Planning Permission is to be treated as a Planning Refusal or a Satisfactory Planning Permission as the case may be.
4.7 An SW2 Enterprise Centre Onerous Condition (Council) is a condition which, in the opinion of the Council:
4.7.1 Reduce the net internal area of the SW2 Enterprise Centre to less than 13,980 sq metres of Internal Area (excluding the civic space and assembly rooms in the Town Hall);
4.7.2 Impose conditions relating to phasing of the SW2 Enterprise Centre Development Works which conflict with the Phasing Plan.
4.7.3 Makes the Planning Permission personal to the Council or to any specific person or class of persons.
4.7.4 Imposes time limits within which the SW2 Enterprise Centre Development must be commenced or applications for approval of reserved matters must be made which are more restrictive than thos...
Planning Decisions. CNPA will notify local authorities on resolutions to grant or refuse permission made within one week of the relevant Committee meeting. Local authorities will notify the CNPA on decisions to grant or refuse permission, and on EIA scoping responses, within three weeks of the issuing notices.