Consultancy Terms & Conditions

Definitions:

''Agreement'' means these terms and conditions together with our covering letter to which they are attached.

''Intellectual Property'' means patents, inventions, registered and unregistered designs, copyright, data base rights, know-how and all other intellectual property rights in all materials prepared by us in connection with the Project (whether in existence or to be made) and all amendments or additions thereto.

''Us'' or ''we'' or ''our'' means ''Planning Aid for London''.

''You'' or ''your'' means ''the Client''.

  1. Our estimated fees are based on an hourly rate of £100 and include all appropriate planning advice, telephone calls, letter writing, planning application/appeal preparation and attendance at meetings in connection with the project.
  2. Our travel time is based on a rate of £40 per hour.
  3. Our travelling expenses are charged at cost. We will endeavour to use the most cost effective method of travel.
  4. If additional work by us becomes necessary, this will only be undertaken by us with your prior agreement. Such additional work will be charged at an hourly rate of £100.
  5. PAL Planning Consultancy is part of Planning Aid for London, which is a registered charity. PAL Planning Consultancy does not therefore currently charge VAT.
  6. All fees other than those due to PAL Planning Consultancy (e.g. local planning authority's planning application fee), will be required separately by cheque made payable to the relevant authority.
  7. Before we undertake any work, we must receive from you a signed and dated copy of these terms and conditions together with a deposit of 50% of the estimated cost set out in our covering letter.
  8. Our invoices for outstanding balances (including for any additional work) will be sent to you at the end of each calendar month. Fees will be paid within 15 days of the date of our invoice.
  9. Without prejudice to any other rights or remedies that we may have, if payment has not been received by us within 15 days of the date of the invoice then we may:
    • Take further action to obtain payment
    • Decline to act further for you at any stage of the planning process.
  10. Where applicable, we will endeavour to submit applications and appeals to the relevant authority at short notice. In such cases, however, the estimate deposit payment (see 7 above) must be received by us more than seven days before the appeals deadline.
  11. Additional information may be required by PAL before work can be undertaken. It will be the client's responsibility to ensure that PAL is provided with that information as soon as possible. Failure to provide the necessary accurate information may lead to PAL not meeting deadlines or withdrawing the appeal/application.
  12. Should you or we withdraw a planning application or appeal, or decide not to proceed, for whatever reason, then the fees and other costs previously paid to us by you are not refundable and all outstanding monies must be paid by you in full.
  13. Intellectual Property will remain vested in us.
  14. The failure or delay by us to enforce at any time or for any period any of these terms or conditions will not be a waiver of them or of the right at any time subsequently to all enforce these terms and conditions.
  15. We shall not have any liability in respect of any delay in carrying out or failure to carry out any of our obligations under this Agreement caused by fire, strikes or other industrial action or dispute, acts of Government, default of suppliers or subcontractors, or any circumstances outside our reasonable control.
  16. Nothing in this Agreement is intended to be enforceable by a third party.
  17. In no circumstances shall we be liable, in contract, tort (including negligence or breach of statutory duty) or otherwise:
    • For any increased costs or expenses,
    • For any loss of profit, business, contracts, revenues or anticipated savings, or
    • For any special indirect or consequential damage of any nature arising directly or indirectly out of the provision.
  18. Notwithstanding anything contained in this Agreement, our liability to you in respect of this Agreement, in contract, tort (including negligence or breach of statutory duty) or howsoever otherwise arising, shall be limited to £250,000.
  19. No change to this Agreement will be valid unless it is in writing and signed by or on behalf of you and us.
  20. This agreement is governed by and construed in accordance with English law and the English Courts have exclusive jurisdiction.