Examples of Onerous Condition in a sentence
After some argument, the Club agreed on 26 September 2013 that this was a Store Onerous Condition so that there was a deemed Planning Refusal for the purposes of the Agreement.
Incidentally he also determined that if a condition of planning permission had the effect of imposing limitations on noise levels which could only be complied with at an additional cost in excess of £40,000, it would be a Store Onerous Condition even if the Club funded the costs of all additional measures.
In consideration of the Club’s agreement that the restriction on deliveries to the store was a Store Onerous Condition, Sainsbury’s agreed in September 2013 to pursue an application to vary Condition 11 by way of s.73 of the Town and Country Planning Act 1990 (“s.73”): “Determination of applications to develop land without compliance with conditions previously attached”.
Onerous Condition any planning condition or conditions with the same effect as any referred to in Schedule 1 which is imposed in a Planning Permission.
Neither party alone may waive the Planning Condition but both parties may jointly elect in writing to waive the Planning Condition following receipt of a Planning Permission that the Landlord has confirmed is a Satisfactory Planning Permission and the Tenant has confirmed is not subject to any Tenant’s Onerous Condition.