Common use of Planning Refusal Clause in Contracts

Planning Refusal. If there is a Planning Refusal then the Partner and the Council will as soon as reasonably practicable consult with one another through the Steering Group to agree whether:- 6.11.1 (acting reasonably) the appropriate course of action is to amend and resubmit the relevant Planning Application in accordance with this Agreement; or 6.11.2 an Appeal against the Planning Refusal should be made (and if agreed the Partner will pursue such Appeal); and 6.11.3 if the Steering Group decides against resubmission or neither Party consider this an appropriate action and one party considers the Partner should Appeal, then the Partner shall take advice from Counsel upon the chances of a successful Appeal and provided Counsel's advice is that the Partner has more than 50% chance of success it shall pursue the Appeal including if applicable instructing Counsel, preparing evidence and dealing with all procedural issues and the Partner will consult fully with the Council throughout.