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)