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obtaining the Planning Permission but in so doing the Owner will not act independently of the Promoter.
3.2 The Owner must not submit, or permit there to be submitted, on their behalf during the Promotion Period and thereafter the Marketing Period, any other planning application in respect of the Property (unless at the date of such application planning permission has been granted in respect of the whole of the Property) and it must not on the Property do any other act or thing which is likely to prejudice any application for Planning Permission made by or on behalf of the Promoter or is likely to increase the cost of any future Development.
3.3 The Owner will not object (or procure or support any objection) to any Planning Application.
3.4 The Owner will if it is necessary or desirable to do so to procure the grant of Planning Permission at the reasonable request and cost of the Promoter (and will use reasonable endeavours to procure that any mortgagee of the Property will if necessary) enter into a Planning Agreement as Owner of the Property to the extent that such agreement relates to the Property but:
3.4.1 the Planning Agreement must conform with all policies circulars guidance and other such matters relating to Planning Agreements;
3.4.2 the Planning Agreement must not take effect until the Relevant Planning Permission is implemented;
3.4.3 the Planning Agreement must provide a release for the Owner from all liability thereunder once the Owner has parted with its interest in the Property;
3.4.4 the Planning Agreement must not contain any provision which obliges the Owner to pay money or to carry out works prior to the implementation of the Relevant Planning Permission save in respect of the planning authority’s costs in the preparation of the Planning Agreement and any monitoring fee in respect thereof which, for the avoidance of doubt, shall be treated as a Promotion Cost.
3.5 The Owner will co-operate with the Promoter and use reasonable endeavours (at the request and cost of the Promoter subject to such costs being reasonably and properly incurred) to assist the Promoter and take such action as the Promoter reasonably requires in dealing with any occupational arrangements relating to the Property and any title defects but in so doing the Owner will not act independently of the Promoter.
4 NOTICE OF PLANNING PERMISSION
4.1 Within twenty (20) Working Days of receipt of a Planning Permission the Promoter shall provide a copy of the same to the Owner and at the same time shall give written confirmation as to whether or not the Planning Permission is a Relevant Planning Permission. Where the Promoter’s
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/Users/georgegriffiths/Library/Containers/com.apple.mail/Data/Library/Mail Downloads/6663C249-66B1-4856-B8AF-3D567A64A39C/Promotion Agreement (engrossment) (JMW).doc