Planning Approval Clause Samples
The Planning Approval clause establishes the requirement for obtaining necessary permissions or consents from relevant authorities before commencing certain activities, typically construction or development work. In practice, this clause obligates one or both parties to secure all required planning approvals, such as building permits or zoning variances, and may specify timelines or documentation needed to demonstrate compliance. Its core function is to ensure that the project proceeds lawfully and in accordance with regulatory requirements, thereby reducing the risk of legal delays or enforcement actions.
Planning Approval. The Borrower shall ensure that the planning approval obtained from the relevant government authority for the Project be current and valid at all material times;
Planning Approval. The Owner shall obtain any required planning approval at its expense unless the word ‘Builder’ is written on this dotted line:……………………, in which case the Builder shall obtain the required planning approval at its expense.
Planning Approval. 12.1 The Contractor will note the decision of South Gloucestershire Council (the Council) dated 3 June 1997 whereby the Authority was granted outline clearance under the Department of the Environment Circular No. 18/84 to proceed with the development of a prison in accordance with its notice of proposed development (the Outline Clearance). The Contractor will further note the decision of the Council dated 25 February 1998 whereby the Authority was granted outline permission under section 299 of the Town and Country Planning Act 1990 to proceed with the development of a prison in accordance with its planning application (the Outline Permission).
12.2 The Contractor was granted approval by the Council of reserved matters following outline permission for development dated 22 May 1998 (the Approval).
12.3 The Contractor shall comply with the conditions and recommendations contained in the Outline Permission and the notice of Approval of reserved matters and, without prejudice to the generality of the foregoing, in the course of providing the Prison the Contractor shall be responsible for applying for all planning permissions and/or approvals required under the terms of the Outline Permission and notice of approvals of reservedmatters.
12.4 If it is necessary to obtain planning permission in respect of Notices of Change (Clause 9) the Contractor shall use its reasonable endeavours to obtain such planning permission. The Contractor’s obligation to comply with the Notice of Change shall be conditional upon the grant of such planning permission at first instance free from conditions (whether in the permission or an associated legal agreement) which prevent or unduly interfere with compliance with the Notice of Change. The Contractor shall keep the Authority fully informed of the progress of any such application for planning permission.
12.5 Nothing in the Contract nor in any consent granted by the Authority under the Contract shall be deemed to imply or warrant that the Prison or the Land may lawfully be used under the Planning Acts (as defined in the Lease) for the purpose authorised in the Contract or the Lease (or any purpose subsequently authorised).
12.6 If the Highway Authority or relevant Planning Authority requires the Contractor or the owner of the Land to enter into any agreement under either section 278 of the Highways Act 1980 or section 106 of the Town and Country Planning Act 1990 or other planning agreement in connection with the Project and the Aut...
Planning Approval. 4.1.1 The Project Co shall use all reasonable endeavours to obtain any Planning Approval.
4.1.2 For the purposes of Clause 4.1.1, "all reasonable endeavours" means that the Project Co shall incur such expenditure and, where Proceedings arise and Leading Counsel has advised that, in all the circumstances, there is a reasonable prospect of success and it is reasonable in all the circumstances to do so, take such steps in the context of those Proceedings to secure or preserve the grant of any Planning Approval , in each case, as may be reasonably necessary.
4.1.3 The Project Co shall not:
(A) submit any appeal to the Secretary of State in respect of any Planning Application without obtaining the prior consent of the Trust (not to be unreasonably withheld or delayed); or
(B) vary any Planning Application without the approval of the Trust (such approval not to be unreasonably withheld or delayed).
4.1.4 The Trust shall:
(A) use all reasonable endeavours to assist the Project Co in obtaining any Planning Approval, provided that, without prejudice to the Project Co's obligations under Clause 2.5, this obligation shall not extend to the expenditure of monies on the part of the Trust other than the reasonable costs of management; and
(B) at all times, at the reasonable request of the Project Co, support any application for any Planning Approval and support the Project Co in any reasonable lobbying or publicity in relation thereto carried out by or on behalf of the Project Co.
4.1.5 Where the Trust has approved plans or specifications for the purposes of any Planning Application and the Project Co produces Design Documents which accord with those approved plans or specifications, the Trust shall be bound by the prior approval and shall not be entitled to require the Project Co to produce something different, other than by way of Variation.
4.1.6 With effect from the Effective Date, the Project Co shall comply with all conditions to any Planning Approval. The Project Co shall not be obliged to comply with the obligations contained in the Planning Agreement made on 20th December, 1996, under Section 106 of the Town and Country ▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ relating to public transport. The obligation to provide the bus service shall remain with the Trust, including the obligation to ensure that the bus service is provided in accordance with such Planning Agreement on or before the Phase 1
Planning Approval. SAFETY DURING CONSTRUCTION
Planning Approval. 9.1 The Property is one of the building plots comprised in a section of the Housing Estate intended to be developed *as Phase , the layout of which has been approved by the Competent Authority and the Commissioner of Building Control.
9.2 No amendment to the approved layout of the Housing Estate will be made or carried out except as may be required by the Commissioner of Building Control or other relevant authorities.
9.3 The Property is also sold subject to all roads, back-lane and other improvement schemes affecting the Property and to proposals contained in the Master Plan.
Planning Approval. On 29 August 2007, the NSW Minister for Planning granted Project Approval for the Glenfield Junction Works of the SWRL (Stage A) and Concept Approval for the remainder of the SWRL. This followed the exhibition of the Concept Plan Environmental Assessment and preparation of a Submissions Report in late 2006 and early 2007. The Concept Plan approval was subject to a number of control measures and further requirements for environmental impact assessments for the SWRL. To progress with the design and further assessment of the SWRL, the project has been split into stages for planning approval with separate environmental assessment requirements for each. It is expected that the Alliance will ensure that required information is made available to the TIDC Planning Approvals Consultant to assist in preparation of the environmental assessments for the project as described in the below. Glenfield Transport Interchange (GTI) Stage A: Glenfield Junction Works (including the Glenfield flyover and the establishment of associated temporary construction sites) Project Approval has been granted for this stage of the project as sufficient assessment was undertaken during the preparation of the EA and Concept Plan and Submissions Report. Project Approval was granted subject to a number of conditions, including the requirement to prepare a detailed Construction Environmental Management Plan (CEMP) prior to construction commencing. This CEMP will include Noise and Vibration, Traffic and Flora and Fauna Management measures. No additional environmental assessment or planning approvals are required for this part of the project. Stage B1: Glenfield Station and Interchange A Review of Environmental Factors (REF) is currently being prepared for the these works in accordance with the requirements of Part 5 of the Environmental Planning and Assessment ▇▇▇ ▇▇▇▇ (EP&A Act). The REF focuses on the further design and assessment of: • The new Glenfield Station building, facilities and a new concourse bicycle/pedestrian facilities and ‘easy access’ (including lifts) at Glenfield Station; • The new transport interchange including bus facilities, kiss-and-ride facilities, taxi zonesand improved pedestrian and cyclist access to the station; • Roadworks, landscape and urban design works along Railway Parade and ▇▇▇ ▇▇▇▇▇ Road • The relocation of car spaces on Railway Parade & ▇▇▇ ▇▇▇▇▇ Road to a new multi-storey commuter car park of approximately 700 car spaces on the western side of Glenfield S...