Community Infrastructure Levy. 11.1 If after the date of this Agreement the Council implements the provisions relating to Community Infrastructure Levy pursuant to the Planning ▇▇▇ ▇▇▇▇ as amended and has a charging schedule that has been approved and taken effect and as a consequence thereof any planning obligations under this Agreement or under any condition attached to the Planning Permission change or that the Landowner must pay a sum of money to any person (whether HM Government or to the Council or otherwise) which would duplicate, add to or overlap with any planning obligation of a party under this Agreement then the parties agree that the terms of this Agreement may at the election of the party affected be modified to such extent (if any) as is necessary to provide terms which are financially and practically no less advantageous and no more onerous than the terms of this Agreement as at the date they are entered into. 11.2 If having regard to the Community Infrastructure Levy Regulations 2010 No 948 as amended it is declared that any one of the Contributions is unlawful or invalid or should not have been taken into account in the determination of the Application by a court of competent jurisdiction then the clauses of this Agreement relating to the relevant Contribution(s) shall be severed in accordance with clause 7.6 of this Agreement.
Appears in 1 contract
Sources: Planning Obligation Agreement
Community Infrastructure Levy. 11.1 16.1 If after the date of this Agreement the Council implements the provisions relating to Community Infrastructure Levy pursuant to the Planning ▇▇▇ ▇▇▇▇ as amended and has a charging schedule that has been approved and taken effect and as a consequence thereof any planning obligations under this Agreement or under any condition attached to the Planning Permission change or that the Landowner must pay a sum of money to any person (whether HM Government or to the Council or otherwise) which would duplicate, add to or overlap with any planning obligation of a party under this Agreement then the parties agree that the terms of this Agreement may at the election of the party affected be modified to such extent (if any) as is necessary to provide terms which are financially and practically no less advantageous and no more onerous than the terms of this Agreement as at the date they are entered into.
11.2 16.2 If having regard to the Community Infrastructure Levy Regulations 2010 No 948 as amended it is declared that any one of the Contributions is unlawful or invalid or should not have been taken into account in the determination of the Application by a court of competent jurisdiction then the clauses of this Agreement relating to the relevant Contribution(s) shall be severed in accordance with clause 7.6 7.9 of this Agreement.
Appears in 1 contract
Sources: Planning Obligations