Fytche-Taylor Planning Ltd | Standard Terms and Conditions of Business
The terms and conditions of business set out below apply to all of our projects. In exceptional cases where there are any specific exclusions or changes to the standard terms shown below, these will be clearly displayed in your quotation.
Scope of Works
This will be shown in your quotation with details of what consultancy services or work will be produced by Fytche-Taylor Planning Ltd. This will also show, where applicable, which parts of a project will be delivered by third party specialist consultants.
Fees & Exclusions
Our fees cover the items specified in your quote. Unless specifically agreed, our fees exclude all third-party costs. Unless specifically agreed otherwise, our fees exclude the statutory planning (or building control) application fees that will be payable to the local authority. Please be aware that the council will require payment of any fees due in order to validate your application(s). Unless specified in your quote our fees do not include pre-application engagement with the local planning authority or any other consultee or regulatory body. Our fees cover the work specified and our consultant’s time up to the point of validation.
Payment Terms
(Note: payment terms differ by type of application, as shown)
All Planning Applications: Payment is split as follows: 60% of our fees are due on appointment. Payment of this part of the fee secures our appointment. No work shall be undertaken prior to payment of this element of the fees and our start date shall be calculated from the receipt of cleared funds. Since all work is specific to your project, this element of the fees is non-transferable and non-refundable. The remaining 40% balance of our fees is due once the application is ready to be submitted to the local planning authority. Submissions and reports will only be released in their final (non-watermarked) form on receipt of the balance of our fees.
Pre-Application: Full payment is required prior to commencing work
Site Appraisals: Full payment is required prior to commencing work
Prior Approvals, Building Regulations packs and other consent types: Full payment is required prior to commencing work
Confirming our Appointment
In all cases, our appointment must be confirmed in writing. You may do this via email or by completing the last page of the Terms and Conditions document that will be provided to you. In accepting our quotation, you are agreeing to all Terms and Conditions and to making all payments as specified. On receipt of your written confirmation and instruction, we will issue an appointment invoice for the relevant fees. No work will commence without funds being placed on your account first or prior to you providing the formal written confirmation to proceed.
VAT
Our fees shown are subject to VAT charged at 20%, or the applicable rate at the time of the invoice.
Quotation Validity
Fees shown are valid for 60 days from the date of your quote. After 60 days the prices shown in your quote will no longer be valid and a revised quotation should be requested. In the event that you decide to put the application on hold once our work is complete, we will issue an interim invoice to cover the work we have completed up to that point. Where a project is delayed due to the non-payment (or delayed payment) of any part of our fees, additional costs may be incurred if our fees have changed, or where the submission or application requirements have altered since the original date of our appointment. Our fees are reviewed quarterly each year.
Potential Additional Costs
Whilst we take great care in ensuring that your application is complete at the point of submission, for all planning applications the local planning authority is able to request any additional information (beyond that detailed in your quotation or prepared for your application) if they consider it to be necessary to reach a decision. In addition, further matters may arise during the public consultation period that need to be explored, addressed or discussed with the local authority or planning officer.
Similarly, new regulations or guidance can be introduced with immediate effect (usually by Central Government or the via the local authority) that result in the need for additional information or revisions to documents. This can occur at any time and often without prior notice. Where this results in the need for further consultancy work, additional fees will apply to cover our consultant’s time for responding to the planning department accordingly.
In all cases our fees cover our work and consultancy time up to the point of validation. Many applications require no, or very little, additional consultancy time - but for other application some further work might be requested. Because of this, once we have submitted your application, any further consultancy time required after the application is ‘live’ will be chargeable at the hourly rate applicable when that work is undertaken.
This includes (but is not limited to) modifications to the application and/or any part thereof, the revision or reissue of any plans, the provision of additional reports, the attendance or participation in further meetings (including telephone, virtual or face to face meetings with you, consultees, third-parties or the local authority), email exchanges, and/or any other further work undertaken or time incurred.
Payment of Additional Fees
Where further work is undertaken after your application is submitted, additional charges will be invoiced on either a rolling monthly basis for larger on-going projects, or on receipt of your decision notice for smaller developments. This includes both changes made by you, or those required by the local planning authority to determine your application.
Estimated Third-Party Fees (Disclaimer)
Wherever feasible, we will provide approximate cost estimates for any input from third-party specialists. These figures are derived from similar projects completed recently but have not been tailored to your specific site or proposed development. As such, the amounts are provided solely as a guide to aid in your budget planning. They should be treated as preliminary estimates until a tender process is conducted, and precise, site- or project-specific costs are confirmed.
Payment of Bonuses (where agreed)
Where a bonus has been agreed, this will be detailed in your quotation. Where applicable, payment of the bonus is due in full within 7 working days of your decision being issued.
Cancellation
In all cases, our appointment fees are non-refundable. In the event that you subsequently cancel this project for any reason, and at any stage, the full costs for any further work completed up to that point (as assessed by us) will be chargeable plus a cancellation fee equal to 20% of your outstanding fees.
Timescales
Once appointed, our estimated start date and total timescales will be as detailed in your quotation. Please be aware that this can change, sometimes significantly, during busy periods if there is a delay in confirming our appointment. Where there is a requirement for input from a third-party specialist (such as an ecologist, structural engineer or drainage engineer etc) their respective lead times will often affect the timescales.
For planning applications, most minor developments must be determined within 8 weeks of validation. For major planning developments this extends to a 13-week determination period. Other types of application or prior approval may carry different timescales. In most cases the LPA will determine an application in accordance with these requirements, however determination dates are solely controlled by the local authority and are entirely outside of our control. It is also common for matters to be raised during the consultation stage that the authority considers need to be examined further, in which case an extension of time might be sought prior to determination of the application.
Named Contacts
You will be provided with a named contact when your project starts. Usually this is the consultant that has issued the quotation to you. To ensure that you receive the best service and continuity, your named contact should remain your primary contact for all matters throughout the project, up to completion. In all cases, additional project support may be provided by other team members as necessary to ensure that your project is completed expediently.
Media and Public Relations
We use our social media and website to publicise our activities, promote our projects and to share site photos and/or project updates. In appointing Fytche-Taylor Planning Ltd you confirm your consent to allow us to do so freely and for any third-party consultants appointed to the project to do the same for their own promotional or publicity purposes.
Your Satisfaction
We are proud of our exemplary service standards and exceptional approval rates. We also understand that planning and architecture can sometimes be an incredibly frustrating process. Unfortunately, delays to your decision are outside of our control and local authorities can sometimes be very slow to provide updates on the application’s progress. If you would like to discuss any aspect of your project or are dissatisfied in any way, we will always work with you to address any concerns – please do contact us at any time if this is the case so that we can discuss your options.
Applicable Law
Any dispute or legal issues arising from our Terms and Conditions of business will be determined by the law of England and Wales, and considered exclusively by the English and Welsh courts. Please also see our Privacy Notice for details of how we use and manage personal data.