Common use of Planning and Development Clause in Contracts

Planning and Development. 3.19.1 The Tenant must observe and comply with the provisions and requirements of the Planning Acts affecting the Premises and their use, and must indemnify the Landlord, and keep him indemnified, both during the Term and following the end of it, against all losses in respect of any contravention of those Acts. 3.19.2 The Tenant must not make any application for planning permission without the consent of the Landlord in any case where application for and implementation of the planning permission will create or give rise to any tax liability for the Landlord or where the Tenant does not indemnify the Landlord against such liability. The Tenant must at his expense obtain any planning permissions and serve any notices that may be required to carry out any development on or at the Premises. 3.19.3 Subject only to any statutory direction to the contrary, the Tenant must pay and satisfy any charge or levy that may subsequently be imposed under the Planning Acts in respect of the carrying out or maintenance of any development on or at the Premises. 3.19.4 Notwithstanding any consent that may be granted by the Landlord under this Lease, the Tenant must not carry out any development on or at the Premises until all necessary notices under the Planning Acts have been served and copies produced to the Landlord, all necessary permissions under the Planning Acts have been obtained and produced to the Landlord, and the Landlord has acknowledged that every necessary planning permission is acceptable to him, such acknowledgement not to be unreasonably withheld. The Landlord may refuse to acknowledge his acceptance of a planning permission on the grounds that any condition contained in it or anything omitted from it or the period referred to in it would, in the reasonable opinion of the Surveyor, be, or be likely to be, prejudicial to the Landlord or to his reversionary interest in the Premises whether during or following the end of the Term. 3.19.5 Where a condition of any planning permission granted for development begun before the end of the Term requires works to be carried out to the Premises by a date after the end of the Term, the Tenant must, unless the Landlord directs otherwise, finish those works before the end of the Term. 3.19.6 In any case where a planning permission is granted subject to conditions, and if the Landlord reasonably so requires, the Tenant must provide sufficient security for his compliance with the conditions and must not implement the planning permission until the security has been provided. 3.19.7 If reasonably required by the Landlord to do so, but, where reasonable, at the cost of the Landlord, the Tenant must appeal against any refusal of planning permission or the imposition of any conditions on a planning permission relating to the Premises following an application for planning permission by the Tenant.