APPEAL DECISION NOTICE Clause Samples

APPEAL DECISION NOTICE. If the Decision Notice concludes that any one of the planning obligations set out in this Agreement are: incompatible with any one of the tests for planning obligations set out at Regulation 122 of the Community Infrastructure Levy Regulations 2010 (as amended) and accordingly attaches no weight to that particular obligation in determining the Appeal; or otherwise unacceptable then the relevant obligation(s) shall from the date of the Decision Notice cease to have effect as set out in the Decision Notice and the Developer shall be under no obligation to comply with it provided that this shall not prejudice the remaining obligations. Developer Covenants to the Council In this Schedule 1 to the Agreement, unless the context otherwise requires the following terms (arranged in alphabetical order) shall have the following meanings:

APPEAL DECISION NOTICE. If the Decision Notice concludes that any of the planning obligations set out this Agreement are incompatible with any one of the tests for planning obligations set out at Regulation 122 of the Community Infrastructure Levy Regulations 2010 (as amended) and accordingly attaches no weight to that obligation in determining the Appeal then the relevant obligation(s) shall from the date of the Decision Notice cease to have effect as set out in the Decision Notice and the Developer and the Trust shall be under no obligation to comply with it. This Agreement has been executed as a deed and delivered on the date stated at the beginning of this Agreement. Commented [JB1]: Subject to further agreement as to whether developer / developer and trust joint covenants

APPEAL DECISION NOTICE. If the Decision Notice concludes that any of the planning obligations set out this Agreement are incompatible with any one of the tests for planning obligations set out at Regulation 122 of the Community Infrastructure Levy Regulations 2010 (as amended) and accordingly attaches no weight to that obligation in determining the Appeal then the relevant obligation(s) shall from the date of the Decision Notice cease to have effect as set out in the Decision Notice and the Developer and the Trust shall be under no obligation to comply with it. Commented [JB1]: Subject to further agreement as to whether developer / developer and trust joint covenants