Sch 26 updated redactions .pdf

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Schedule 26 - PlannIng

SCHEDULE 26

PLANNING

1 DEFINITIONS
In each part of this Schedule 26 (Planning) the following expressions (in

addittøn to those specified in Schedule 1 (Definitions)) shall, savé where the
context or the express provisioris of this Contract otherwise requires or
admits, have the following meanings:

Challenge Period

mean$ the expiry of the later of:

statute

(a) the period prescribed by

during which a third party may
institute a challenge which could
result

in the quashing or modifieatiøn

of the

of the relevant decision

and

Planning Authority;

sUch a challenge is initiated

(b) where

within the period in (a) above the
period

challenge plus

Deemed Refusal

means

final

up to and inçluding the

determination or withdrawal

any failure to

of that

five (5) Business Days;
determine a Planning

Application by the Planning Authority Within

entitle the

thestatutory period which would
Contractor tó appeal
refusal

against the deemeq

of that Planning Application

or

any

other period which the Contn:ictor anq the

Planning AuthørilYn1a:y agree shaUconštitute
the

period for determination of the Planning

App.liçatiön for thepurpöses of any appéal. by
the

contractor;

Judicial Review

means proceedings brought under Part 54 of

Challenge

the Civl Procedure Rules or by any party other
than the Contractor under Section 288 of the

Planning Act in respect of the Planning

Permission;
leading

Counsel

means counsel experienced in town and

country planning matters and practising at the
town
and country planning bar who:
(a)

Schedule 26 - Planning

(b) accepts instryttions to provide an
opinion pursuant to paragraph 2
(Planning CöI$éntsJ;

Off-Site Expenditure

Off-Site Works

lTeansany works, reiatirig to lanq outside the

Køy Facilty in order tocömpiy with or fulfi
obligation or condition of

any requirement or

gnyPlanning Permi$$ion,assqçjated Planning
Agreement or agreement With
any Relevant

Authority;
Planning Agreement

means:

Section 106 of the Töwnand Cöuntry Planning
Act 1990;
Section

38 or 278 HighWaYS Act 1980;

Section 104 Waterlndu$try Act 1991 or any
other provision of

a

similar intent within the

of the Wa:ter Act with an

or

of

Planning Permission

means in respect of the Facilty, the date as

longstop Date

set out in Schedule 8 (Key Datès);

Revised Project Plan

Longstop Date

Satisfactory Planning
Permission

means a Planning Permission with the
Challenge Period expired (and any Proceedings
having been finally determined such that the
Planning Permission has been upheld and may

be implemented) for the Key Fadlity, together
with any associated Planning Agreement or

agreement with any Relevant Authority which
isa permission for the description of the

development which is the subject of the
agreed Planning Application for the Key

Facilty and does not impose on the Contractor
by way of condition or other obligation any of
the following requirements:

Schedule 26 - Planning

a requirement to obtain the

(a)

other than

agreement of a third party

in respect of land outside the Key
FacUity other than:

(i statutory undertakers in
respect of any utility; anq
(i) a highway aLlthorRy;

(b) a requirement to:
Site

.(j) carry out Off.

Works other

than

(ii)

(C)lìlrement to incLlr in eXcess of.

addressing

conditlonsof the Planning Permission,

assodated Planning Agreement or
~greement with

any Relevant Authority

eXCIUQingUff.Site ExpenditUre (in
respectØf which paragraPh (b)

above is

åPPl1C~ple;

(d)

iq) à. requirement which Tenders the
COntractor
all

êlr

unable tOdelivef or perform
allY of the Services êlš are to be

provided at the Key FacUity in
accordance with the Authority's
ReqUirements at the Keyfàcilty or

abilty
of the Contractor to Mceptandlor
pröces$Third Party Waste but only to

wouldsi~nifcantlY impede the

Schedule 26 - Planning

¡

I
~

~

the extent that it has one or more of
the following effects:

it

ii

¡--r

iv

!~---

t
!

I
¡

....

v

vi

vii

Schedule 26 - Planning

vii

.. .

..............._-_._.

. .

and an "Unsatisfactory Planning
Permission" is one which is not a
Satisfactory Planning Permission
provided that:

.
(Hi)

Schedule 26 - PlatlÎrig

2 PLANNING CONSENTS
2.1 Contractor to obtain Planning PermissiOn
2.1.1 The Contractor undertakes to the

AuthOrity that (subject to the

provisions of this paragraph 2 (Planning Consents)):
fa) it shall use An Reasonable Etideavours to obtain a
Satisfactory Planning Permission to enable it to undertake
the Works and to deliver the

Services

(b) theCQntractor shall in pursuing

at the Key Facilty;

any relevant Plannilg

Permission use reasonablë endeaVours to follow and meet
the Key Dates (Schedule 8) in

respect of the Site in

question.

¡~~....._._...~-----_._._-i

The Contractor shall provide to the Authority on a quarterly basis
a written summary of:
(a)

the. steps taken by the Contractor in the preceding

quarter in compliance with its obligations under this
paragraph 2.1; and

(b)

a written summary of those steps which it anticipates
ta in the following quarter in order to comply with its

o ions under this paragraph

2.1.4 Without limiting the Contractor's obLigations under this
paragraph 2.1 the Authority may within five (5) Business Days

after receipt such summary notify the Contractor of any

further measures which it believes the Contractor should take in
order to comply with its obligations under this paragraph 2.1. If
the Contractor disagrees, it may refer the matter to the Dispute
ResoLution Procedure.

Schedule 26 - Planning

2.1.5 Without prejLldic:1a to the Contractor'S øbligations under thjs
Authority shall at the
reasonable written requestof the Cøi'tractorprovide written

paragraph 2 (Planning Consents) the

confirmation (on not more than a quarterly basis) as to whether

theAuthority beUeves that, in its opinion the Contractor has up
to the date of the Contractor's request fuUycomplied with its

obllgations in paragraph 2.1,1 to use All Reasonable Endeavours
to obtain a Satisfactory Planning Permi~$ion and to rectify any

failures to do so. At the same time as the Contractor makes any
such request the Contractor shall provIde the Authority with

supporting information rding the steps which it has taken in
Order to obtain a ctory Planning Permission and the
solely based on such

Authority's confirmation shall be

information.
2.1.6 Where:
confirms in writing that hi its opinion the
its obligations in

fa) the Authority

Contractor has. fully complied with

paragraph 2.1.1 tø useAU Reasona:bleEndeavours up to
the date

of the

Contractor's request; or

(b) the Contractor has taken measures in accordance with

paragraph 2.1.5;01'
(C) the Contractor has made a reauestpursuant to paragraph
2..1.Said the AUthority has failed tó r$spond to such
requestinatcötdance with paragraph 2.1.5 Within twenty

(20). f.usinessDays,
théContractot.shailØthettliåh in respect
! All

of any priøtfailure to use

Endeavours. previously notitiedbyth~ Authority to

Reasonable

¡~~~~-~~-~~-~~~------~~~~~the~~Contractor~~-be-~~.QD~ered~-t-o.~have__used--All--~Reasonabe-~~-------~--

IEl1cJeavours up and. untll. the. date of tlieContractor's request
event that any

, pursuant to this paragraph 2. t. 6 only. In the

lnfórmationsubsequentlycomes to thea:ttentiört of the Authority
WhiCh$liggests that the Contractor has failed
to
use An Reasonable
of the c.ontrac:tol's Ì"eqUest pursuant to
EndeavQürs prior to the
da:te
this paragraPh 2.1.6 then ai'YsW:;h writténcØi'firmaUØn providedby
th~Al.thorit)' .. pursuant to paragraph 2.1.Qta) orfaiture to provide

wdttenconfirmation pun;uant to paragraphi.1.6(b)shaU be
diSregarded.

2.1.7 Where pursuant to the Contractor's request as described in
paragraph 2.1.5, the Authority is of the opinion that the
Contractor has failed to use AU Reasonable Endeavo.urs to obtain
a Satisfactory Planning Permission, it shall provide detailed

reaSOns in writing to the Contractor to justify such opinion

together with such supporting documentation as is relevant and
the Contractor may refer the matter to the Dispute Resolution

Procedure.
2.1.8

I I ILL 11

Schøclule2e .. Pianning

2,2 MeaniogofAU R(lasonable Endeavours
For the purposes pf paragraph 2. 1

(Contrt\ctor to obtain Planning Permission)

of this Sqhedule 26 (planning) HAll Reasonable Endeavours~' means that the
Contractor
shall:
of any
in the name of the Contraçtor incur

2.2.1 in relation to the preparation~ submission and . process
Planning Application made

aii rèåsonably necessary expenditure and do all the things

reasonably necessary (ioc:lueiing the commenCemeht and
prosecution or defence ofPr(jçeeeiings in accordanCe with and

subject to the provisions hereof) and in doing so shall exercise all
proper care and skill to Sec:ure or procure the

grant

of a

Satisfactory Planning PermissÎqn;

all documentatiOn and supporting information in

2.2.2 . prepare

accordance with good planning practice;
2.2.3 respond loan other querièsOf the Planning Authority promptly;

2.204 meet the t:Osts ofari Proteeeilrgssuch costs to inclüeie the cost
instructing Leading
Counsel
(including for thepürposes of
decidIngwhether to initiate or pursue Proceedings)cmd securing

of

theservlêes of any

Witnesses considered neCessary for the

2.2,5 provide forthwith copies to the Authority of all instructions
(including enclosures) given to leading Counsel and opinions

received from Leading Counsel relating to such Proceedings in
respect of any Planning Permission sought. The Authority~s

Representative shall be entitled to attend any conference with
Leading Counsel and the Contractor shaUendeavour when
arranging such conference to agree a convenient time for

attendance by the Authority's Representative; and
subject to paragraph 2.5.3, in relation to any Judicial Review
Challenge, provide to the Authority all such assistance as it
reasonably requires to the extent that the provisions of such

reasonable assistance does not cause the Contractor to incur any
material expense (on. each individual occasion

or in the

aggregate);
provided always that this paragraph 2.2 shall not require the Contractor to

join as interested party in any Review Challenge.

Schedule 26 - Planning

2.3 Obligations ofthetöhttactol
The Contractor

shall

company of the

not cause or

holding

permit any Affiiate, associated or

Contractor or any entity or any third party

over Which

it has

Planning Application.

control to objectorprocure any objection to any

2.4 Proceedings
Facility, the relevant Planning Authority:

2.4.1 If in re$pectøf the Key

Planning
Application and that Planning APplication is called-in by

(a) resolves to or is minded to grant permission for a

of the Planning

the .secretary of State under seCtion 77

Att;or
Planning
(inclucJing any refusal on any re-determination
öf .â ... Planning Application fOllOWing the quashing of a

(b) refuses to grant

planning . permission for a

Application

decision to grant permission
ândthisshaUinclude the refusal
to

grant permission. On

for

such Planning
of the Secretary of

appeal under .

Application )

State

section 77 of the

Planning Act or there is a Oeemed Refusal; or


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