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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
Sch 26 updated redactions.pdf (PDF, 2.16 MB)
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