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Promoter will agree on what actions (if any) are necessary to prevent the continuation of such use.
6 APPEAL
6.1 The Promoter will at its own cost as soon as reasonably practicable and in any event within two (2) months of a Planning Refusal obtain an opinion from Planning Counsel as to the likelihood of an Appeal being successfully determined in favour of the Promoter and if the opinion of Planning Counsel is that there is a greater than fifty per cent (50%) chance of a successful Appeal being determined the Promoter will at its own cost Appeal provided always that the Promoter may at its own discretion proceed to Appeal without having to obtain an opinion from Planning Counsel.
6.2 Where the matter is referred to Planning Counsel the instructions shall be issued in the sole name of the Promoter. The Promoter shall prepare the instructions to Planning Counsel which shall be sent to the Owner for comment and shall (if required to do so) provide copies of those instructions to the Owner and provide a written note of the conclusions and advice of Planning Counsel.
6.3 Notwithstanding paragraph 6.1 the Promoter may at its own cost Appeal even if Planning Counsel determines there is a fifty per cent (50%) or less chance of an Appeal being successful.
6.4 If the Promoter lodges an Appeal pursuant to paragraphs 6.1 or 6.3 hereof then the Promoter will prosecute any Appeal with all due diligence and will conduct its part in the appeal proceedings in a good and efficient manner.
6.5 In prosecuting an Appeal the Promoter will keep the Owner informed of the progress of any Appeal and the dates of any inquiry hearing or for the submission of written representations.
6.6 Following a Planning Refusal the Promoter may submit a new Planning Application which shall be approved following the process outlined in paragraph 2 of this Schedule 1.
7 CHALLENGE PERIOD
Notwithstanding a Relevant Planning Permission being obtained, the Promotion Period shall be extended and not expire until either:
7.1 the date twenty (20) Working Days after the expiry of the Challenge Period in respect of the Relevant Planning Permission; or
7.2 if a Planning Challenge is instigated within the Challenge Period the date twenty (20) Working Days after such Planning Challenge has been Finally Determined.
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