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requirement(s) of any body or as required by the Promoter for aesthetic or any other purpose whatsoever and for the demolition and removal of any building or other structure on the Property such application or applications to be approved in writing by the Owner such approval not to be unreasonably withheld or delayed.
“Planning Challenge” means any one or more of the following:
1. any Appeal;
2. any Planning Proceedings.
“Planning Counsel” means a senior counsel who specialises in advising on planning matters of not less than ten (10) years calling whose identity is agreed between the Parties by Joint Decision and in default of agreement within ten (10) Working Days shall be appointed by the President or next available officer of the Bar Council.
“Planning Permission” is a written planning permission issued by the local planning authority or the Secretary of State permitting Development of the whole or any part of the Property pursuant to any Planning Application.
“Planning Proceedings” means any of the following:
(a) an application made for judicial review either by a third party following the grant of a Planning Permission or by the Promoter following a Planning Refusal by the planning authority;
(b) an application under section 288 of the 1990 Act by either a third party following the grant of a Planning Permission by the Secretary of State or a planning inspector or by the Promoter following a Planning Refusal by the Secretary of State or a planning inspector.
“Planning Refusal” means any of the following:
(a) a refusal by the planning authority to grant planning permission
pursuant to a Planning Application;
(b) a refusal by the local planning authority to vary or remove any condition which prevents a planning permission which has or may be granted from being a Relevant Planning Permission pursuant to an application made by the Promoter under section 73 of the 2004 Act;
(c) a refusal by or on behalf of the Secretary of State to grant Planning Permission following an Appeal or a Calling-In;
(d) a failure by the planning authority to determine a Planning Application within a reasonable period as determined by the
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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