"Adverse Planning Decision"

means a decision by a Relevant Authority pursuant to which the Planning Approval is amended, revoked, quashed or otherwise rendered ineffective

"Planning Challenge"

means, in respect of the Planning Approval, the occurrence of either of the following within three months of the date of the grant of the Planning Approval:

(a) an application for judicial review under Chapter 58 of the Rules of the Court of Session (or any statutory challenge or appeal which proceeds on principles similar to judicial review); or

(b) a statutory challenge under section 239 of the Town and Country Planning (Scotland) Act 1997

in either case (i) other than by [Sub-hubco/Project Co] or any [Sub-hubco/Project Co] Party and (ii) on grounds other than [Sub-hubco's/Project Co's] or a [Sub-hubco/Project Co] Party's failure to comply with statutory procedure and other than the commission of an unlawful act or acts by [Sub-hubco/Project Co] or a [Sub-hubco/Project Co] Party;

"Planning Challenge Dismissal"

means, in relation to a Planning Challenge:

(a) a decision by a Relevant Authority pursuant to which the Planning Challenge is dismissed or otherwise rejected and in respect of which any rights of appeal have expired, been rejected or otherwise lost; or

(b) the withdrawal of that Planning Challenge