5.1  Planning matters

5.1.1  It is the intention of the Parties that, where Planning Permission is required for any Approved Project, that detailed Planning Permission is obtained prior to execution of the Project Agreement in respect of the relevant Approved Project.  In such cases the provisions of Schedule Part 12 (Planning Matters) and Schedule Part 13 (Unreasonable Conditions) shall have full effect in respect of such Approved Project. hubco's performance of its obligations under Schedule Part 12 (Planning Matters) in respect of a specific Approved Project shall be deemed to be part of the Project Development Partnering Services and the costs incurred relative thereto shall be included as part of the Project Development Fee

5.1.2  In exceptional circumstances, in terms of the relevant Stage 2 Approval, detailed Planning Permission may not be required to be obtained prior to execution of the relevant Project Agreement. In such cases the provisions of Schedule Part 12 (Planning Matters) and Schedule Part 13 (Unreasonable Conditions) shall, subject to Clause 5.1.4, have effect in respect of the relevant Approved Project until such time as a Project Agreement is executed whereupon such matters as relate to the development which is the subject of that Project Agreement shall become the responsibility of the Project Service Provider under that Project Agreement and, save as agreed to the contrary between the Project Service Provider and the relevant Project Agreement Counterparty, the appropriate provisions from Schedule Part 12 (Planning Matters) and Schedule Part 13 (Unreasonable Conditions) shall be included within the relevant Project Agreement.

5.1.3  hubco shall provide all such assistance as is required by any Project Service Provider under a Project Agreement to ensure a smooth transition of the planning matters the subject of that Project Agreement.

5.1.4  The requirements of paragraphs 1.1.2 and 1.1.3 of Schedule Part 12 (Planning Matters) shall continue to apply in respect of any Project the subject of a Project Agreement notwithstanding the execution of the relevant Project Agreement.