Standard Terms and Conditions
|TTP/We/Us/Our||The Town Planner Ltd|
|Person(s)||An individual, corporate or unincorporated body (whether having separate legal personality)|
|You/Your||Person(s) who are viewing or using TTP’s website|
|Client(s)||Person(s) with which TTP are providing or Contracted to provide Town Planning Services|
|Third Party (ies)||Sub-Contractors, Architects, Other Professional Advisors, Specialists or Other experts|
|Other Party (ies)||Person(s) and Professional(s) involved in the town planning process e.g. local authority, consultees, third parties (amenity groups, individuals commenting on proposals)|
|Business Day||A day other than Saturday, Sunday or public holiday in United Kingdom|
|Town Planning Services||The services to be provided as agreed between the Client and TTP (including but not exclusively: advice, drawings, specifications and other documents relevant to the Contract)|
|Written Proposal||The Proposal to provide Town Planning Services provided to the Client|
|Contract||The written agreement between TTP and the Client(s) comprising the Written Fee Proposal from TTP and the Formal Agreement from the Client or any subsequent changes which have been formally agreed in writing|
|Including/For Example/e.g. (or similar expressions)||Use of these words shall be construed as being illustrative and shall not limit the sense of the words preceding those terms or other examples|
- The content of the pages of this website may be subject to change without notice.
- Use of any of the information or materials on this website is entirely at your own risk, for which TTP shall not be liable.
- Permission has been gained for the use of the RTPI logo as evidence that Jane Shepherd, TheTownPlanner, is a Chartered Member of the Royal Town Planning Institute
- All photographs and specific wording about TTP and the Town Planning Services being provided on this website are deemed to be the property of TTP. Permission must be gained in writing from TTP prior to use of this material. The website may also include reference to work by third parties. This work may also be subject to copyright by those third parties. Use of their work is entirely at your own risk, for which TTP shall not be liable.
- The links to other websites or apps is provided for your information. They do not signify that TTP endorse these linked sites. TTP has no responsibility for the content or privacy policies of these linked sites.
- All engagements accepted by TTP to provide Town Planning Services are subject to these Standard Terms and Conditions except where changes or alternative terms and conditions are expressly agreed in writing.
- The Contract is as defined above and supersedes any prior written or oral agreements, representations or understandings with TTP. All documentation that has not been included in the Contract is for illustrative purposes only and shall not have any Contractual force. The Client acknowledges that they have not relied on any statement, representation, assurance or warranty that is not set out in the Contract.
- The Contract shall come into force when the Client has returned the signed Formal Written Agreement.
- TTP will provide Town Planning Services following observance of the bylaws, regulations and ethical guidelines of the Royal Town Planning Institute and accept instructions from Clients on the basis that TTP will in accordance with those guidelines. Copies of the RTPI’s Code of Professional Conduct are available from the RTPI’s website at rtpi.org.uk. The Client agrees to rely on their own judgment as to the suitability of the Town Planning Services being provided by TTP.
- TTP will endeavour to provide Town Planning Services in a timely manner but the Client acknowledges that any timescales provided by TTP are estimates only due to limited control over the planning process due to third/other party input.
- TTP will not be responsible for the quality or accuracy of any work undertaken by third parties
- TTP shall not sub-Contract any part of the Contract to provide Town Planning Services unless it is included within the Contract with TTP or without first receiving approval in writing from the Client with a clear understanding of responsibilities.
- All documents produced by TTP and other intellectual property as part of its delivery of Town Planning Services to the Client shall be owned by TTP. The Client acknowledges that they will not acquire any right, title or interest to any such intellectual property. TTP will grant the Client a non-exclusive, royalty-free licence to copy, reproduce and these will be for use solely for the project specified in the Contract. This licence will terminate immediately upon termination of the Contract whereby payment has not been made to TTP for the documents in accordance with the Contract and these Standard Terms and Conditions.
The Client’s Obligations
- The Client agrees to ensure that they are satisfied with the details of the Town Planning Services to be provided by TTP as part of the Contract and that they are complete and accurate.
- The Client agrees to co-operate with TTP and third/other parties in all matters relating to the Town Planning Services being provided by TTP.
- The Client agrees to provide TTP with such information as may reasonably be requested and required to supply the Town Planning Services and ensure that such information is complete and accurate. The Client will provide this information within the timescales set by TTP.
- The Client agrees to comply with all applicable laws and regulatory requirements in force from time to time.
- The Client will reimburse TTP for any costs, expenses, loss or damage incurred by us as a direct or indirect result of a Client default. These shall be invoiced by TTP and paid in accordance with the terms and conditions set out in the Fees section of these Standard Terms and Conditions.
- The Client will indemnify TTP against all loss, damages, costs and expenses awarded against or incurred by TTP in connection with any claim or threatened claim for infringement of any intellectual property rights of any third party which results from our use of any documents, information, specifications or other materials provided to TTP by the Client or the Client’s representatives in connection with TTP’s delivery of Town Planning Services.
- TTP will endeavour to provide professional Town Planning Services with reasonable care and skill to the Client in a timely manner. However, TTP will not be liable for any delays or losses incurred in connection with, or arising from, the supply by the Client or other third parties representing the Client, of incorrect, misleading or incomplete information, or the Client’s failure to act on TTPs advice or respond promptly to communications from TTP or other parties, e.g. the local authority or other parties involved in the planning process, or third parties or for any errors or matters beyond TTP’s reasonable control. TTP will not be liable if the delivery of the Town Planning Services is prevented or delayed because of all such issues.
- TTP will not be liable for outcomes resulting from the client choosing to or failing to act on or taken on board professional planning advice given.
- Provision of Town Planning Services, including advice, are provided for the Client’s sole benefit and for the purposes of the specific services sought and provided. Such services must not and cannot therefore be used or relied upon by other parties. TTP is not liable for any other use by third parties of the Town Planning Services provided for the Client or the use of the advice by the Client for other purposes.
- TTP may make changes to the provision of the Town Planning Services without the Client’s consent to the extent required to comply with any applicable law, binding code of practice or safety requirements.
- Any fees or charges submitted by third parties shall be the sole responsibility of, and payable by, the Client. TTP will have no liability whatsoever for their fees or charges
- Any fees or charges required by a local authority related to the planning process (including but not exclusively); pre-application fees, application fees and planning contributions (community infrastructure levies, affordable housing or any other planning contributions) are the sole responsibility of, and payable by, the Client and TTP will have no liability whatsoever for such fees or charges. Where required by the local authority, those fees or charges shall be paid upfront. Other charges related to the specific Town Planning Services, e.g. public consultation exercises, may involve the booking of a venue (and hospitality, if requested by the Client) for those purposes. The costs for such charges/bookings will be the sole responsibility of the Client and TTP will have no liability for such charges. Failure by the Client to pay any required fees or charges at the required time will delay the planning process and TTP will not be liable for this or any delays or non-delivery of the Contracted Town Planning Services.
- Neither TTP nor the Client shall be liable for any delays or failure to perform any of its obligations under the Contract because of an event beyond its reasonable control (Force Majeure). In the event of Force Majeure, both shall use reasonable endeavours to overcome any difficulties. arising as a result and resume their respective obligations as soon as is reasonably possible.
- TTP holds both Professional Liability Insurance and Public Liability Insurance. Details of this, where necessary can be provided upon request to the Client.
- TTP fees are calculated on an hourly rate (unless otherwise agreed with the Client). These are based on the time spent on delivering the Contracted Town Planning Services to the Client. These will be provided upon request as part of any quote.
- Any fee quotation provided by TTP to the Client is valid for a period of 30 days from its date, provided that TTP have not previously withdrawn it.
- Any fee specified by TTP in the Written Proposal is not fixed or capped and will be an estimate only based upon the information available and known to TTP at the date of the Written Proposal. TTP may change the estimate by written notice to the Client at any time.
- If while delivering the Contracted Town Planning Services additional work is necessary and/or required which is outside the scope of the Contracted work originally agreed with the Client, e.g. additional requirements from the local authority, the fees will be reviewed, and further fees may be payable by the Client. In all cases where additional fees are payable, the Client will be notified in writing in advance and agreed with the Client prior to TTP proceeding with any additional work. However, there may be occasions when the urgency of the work requires TTP to act in advance of notification and in those circumstances, TTP will notify the Client as soon as reasonably practicable. The Client agrees to pay those additional fees in such circumstances.
- TTP require all fees relating to planning appeal work to be paid in full prior to the submission date of any appeal to the relevant national planning appeal body
- TTP may, dependent upon the nature and timescale of the work, require fees to be paid in part or in full in advance. This will be detailed in the written fee proposal.
- The following costs are normally added to fee accounts as disbursements:
- Photocopying and printing of plans
- Ordnance Survey maps
- Publications (e.g. local authority documentation – local plans)
- Telephone calls
- Delivery charges
- Mileage and other travel/accommodation expenses
Full details of these charge rates will be provided to the Client. All such disbursements will be only incurred where necessary or reasonably incurred during the delivery of the Contracted Town Planning Services. Out of pocket expenses may be invoiced in advance of the fee based invoice. TTP is an advocate for sustainable working practices. TTP will therefore endeavour to minimise any disbursements to the Client through the operation of such sustainable working practices. For example, TTP will operate a paperless office system but where necessary or required, copying and printing will occur. Publications and documents will also be viewed online where possible to avoid publication costs to the Client. Research, where possible, will also be carried out online to avoid additional travel expenses (and potential accommodation expenses) being incurred by the Client.
- TTP will not be held responsible for any delays in receiving information from third parties or any errors or inaccuracies in that information. Such delays or any changes in the Client’s instructions, or any other matters outside TTP’s control which lead to additional work (whether such work falls into the agreed scope of work or not) may result in additional fees being charged by TTP for which the Client will be solely liable.
- Invoices will be submitted to Clients monthly, or as otherwise agreed with the Client, dependent on the Town Planning Services being provided by TTP. All invoices must be paid in full within 14 days of the date of each invoice. Without prejudice to any other rights or remedies to which TTP may be entitled, TTP reserve the right to charge interest on any outstanding late payments owing at 5% above the Clydesdale Bank base rate (rounded up) of that outstanding amount. Such interest will accrue daily from the original due date until actual payment of the overdue amount.
- TTP reserve the right to immediately suspend work on projects where accounts are outstanding after 42 days, other than by prior agreement. Work will only then proceed upon payment of the outstanding amount including any interest accrued. Any further non-payment of invoices will result in work being suspended immediately and the Client being invoiced for all the Contracted work in full, which together with the accrued outstanding amount, shall be payable within 14 days of that final invoice. Interest at the rate outlined in paragraph (8) will continue to be applied until payment has been made in full. TTP will not be liable for any delays or losses incurred because of suspension of work.
Termination of Contract
- If the Client decides, for whatever reason, to either (a) cancel or terminate a Contract with TTP prior to the completion of the agreed scope of Town Planning Services to be provided, or (b) materially alter the agreed scope of Town Planning Services to be provided, then any work done by TTP pursuant to or in connection with the agreed scope of Town Planning Services to be provided, then the Client will be invoiced in full on the date of (a) or (b). Any termination of the Contract by the Client shall be provided in writing to TTP not less than five business days in advance.
- Without prejudice to the any other right or remedy that may be available to TTP, we reserve the right to suspend or terminate the Contract for Town Planning Services in the following circumstances:
- Continued non-payment of invoices
- A material breach of the Contract (and if remediable, fail to remedy that breach within 5 business days of receiving a written request from TTP to do so)
- A conflict of interest if TTP continues to deliver Town Planning Services
- Any step is taken in relation to the Client’s bankruptcy, administration, liquidations or insolvency or any event occurs which has an effect equivalent or like any of the foregoing in any jurisdiction, or the Client suspends or threatens to suspend the payment of debts, or TTP reasonably believe that the Client is or will imminently become unable to pay their debts as they fall due
- TTP considers in our reasonable opinion, that there has been a serious breakdown of confidence or relations between the Client and TTP
- Where the Contracted Town Planning Services could or is subsequently found to result in illegal, fraudulent or immoral works or activities
In either case, the Client will be invoiced in full for all Contracted Town Planning Services and payment shall be in accordance with paragraph 8 in the Fees section of these Standard Terms and Conditions.
- If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed deleted. Any deletion under this clause shall not affect the validity and enforceability of the rest of the Contract.
- Except where set out in these Standard Terms and Conditions, no variation of the Contract shall be effective unless it is agreed in writing and signed by TTP. Such variations of the Contract shall not be deemed to be breach of Contract.
- Person(s) who are not a party to the Contract shall have no rights to enforce its terms.
- The Contract is personal to the Client and the Client may not assign, license, transfer, delegate or sub-Contract all or any of the Client’s rights or obligations under the Contract without TTP’s prior written consent.
- The relevant courts in England, Wales and Scotland shall have exclusive jurisdiction in relation to any claim, dispute or difference relating to any Contract for Town Planning Services provided by TTP
Any concerns over the level of service received shall be dealt with in the first instance by Jane Shepherd, TheTownPlanner at firstname.lastname@example.org