302. Where consent or approval is not given.

The planning authority may refuse permission for the execution of the work described in the contract. Whether in that event the employer is in breach of contract and liable to the contractor in damages depends on the construction of the contract1. If the employer has expressly or impliedly undertaken to obtain the permission and that undertaking is absolute, the employer is liable if permission is not obtained2. In most cases, however, the contract will be conditional on permission being granted and if it is not forthcoming, both parties will be discharged