Examples of Planning Refusal in a sentence
OFFICER RECOMMENDATION ITEM 10.3.5 That, with respect to the applicant’s request for a review of reasons for refusal mentioned in the Notice of Planning Refusal issued on 23 January 2008 for two single-storey Grouped Dwellings on Lot 2 (No. 56) Talbot Avenue, Como, the applicant be advised that Council is not prepared to approve the proposed development.
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.
Under the definition the Challenge Period is expressly “calculated from and including the relevant Permission Date”, whereas the definition of the “Cut Off Date” says in (c) “the Challenge Period shall not have expired after the date of grant of a Planning Permission or the date of a Planning Refusal”, and in (iii) “the expiry of the Challenge Period following the date of issue of a Planning Refusal”, thus assuming that there can be a Challenge Period following the issue of a Planning Refusal.
I cannot assume that the draftsman did not understand the procedure at all; for example, in the definition of “Judicial Review” he draws a proper distinction between applications arising from Acceptable Planning Permission or Planning Refusal by the Local Planning Authority on the one hand and by the Secretary of State on the other.
I agree that there would be no commercial purpose in extending time for the Cut Off Date in relation to proceedings which could not result in an Acceptable Planning Permission, in other words where the parties have already agreed that the planning permission was in fact a deemed Planning Refusal.
However the question of construction as to whether a third party judicial review against a Planning Refusal is within the definition of Proceedings is unimportant in view of my finding below that Sainsbury’s duties to act in good faith survived the Cut Off Date.
Mr Wonnacott submits that the same Challenge Period would apply to a Planning Refusal as to an Acceptable Planning Permission, that is to say, three months and two weeks.
As I have said, the “Challenge Period” does not provide for what happens after a Planning Refusal.
The Agreement provided that a Planning Refusal included the grant of planning permission which was not an acceptable planning permission, that is to say an Acceptable Store Planning Permission which contained no Store Onerous Conditions.
If the Purchaser elects not to Appeal, or does not Appeal within 3 months of a Planning Refusal, BBC can take on appeal or terminate the agreement and return the Deposit.