TPB - Terms and Conditions
Talk Plan Build Ltd ("we," "us," "our" or “Talk Plan Build”) are a planning consultancy based in the south east of England. We offer a wide range of services to fulfil the planning and built environment related needs of our clients
("you"). These are the terms and conditions of our service.
Definitions
- “Agreement” the agreement between the Client and Talk Plan Build for the provision Services to the Client on the basis of the Service Commencement Letter and these Terms and Conditions;
- “Client” person/people/party identified in the Service Commencement Letter;
- “Client’s Consultants” those consultants who may be appointed by the Client (other than those working at or on behalf of Talk Plan Build) in relation to the Project and who have been previously notified to the Consultant from time to time;
- “Documents” includes any document in writing, map, plan, design, drawing, picture or other image, or any other record of any information in any form;
- ‘’Intellectual Property Rights (IPR)’’ encompass all creative and inventive works, including patents, trademarks, copyrights, data rights, design rights and trade secrets. This protection applies globally, regardless of registration status, and covers similar rights in any country;
- “Project” refers to the client’s service requirements from Talk Plan Build. Details of the ‘project’ are set out in the Service Commencement Letter;
- “Property” the land and/or building subject of services, identified in the Service Commencement Letter;
- “Service Commencement Letter” the service commencement letter attached to these Terms and Conditions summarising the Services to be provided to the Client by Talk Plan Build, as well as fee to be paid;
- “Services” the services to be supplied to the Client by Talk Plan Build (set out in the Service Commencement Letter); and
- “Talk Plan Build Ltd” ("we," "us," "our" or “Talk Plan Build”)
Services
Here at Talk Plan Build we provide services which include but are not limited to the following:
- Site Appraisals
- Application Submission and Monitoring (for all application types)
- Permitted Development Advice
- Pre-Planning Application Advice
- Advertisement and Listed Building Consent Advice
- Pre-Land and Property Purchase Advice
- Planning Appeals Advice
- Expert Witness and Spokesperson related services for Planning Matters
- Planning Enforcement Advice
- Planning Statements
- Appeal Statements
- Design and Access Statements
- Reputable Architect Sourcing
- Specialist Report Sourcing
Fees and Payment Structure
At Talk Plan Build Ltd, we offer planning consultancy services on a time and materials basis. This means our fees are based on the amount of time spent working on your project or query, as well as any necessary materials.
Here’s a breakdown of our fees and payment structure:
- Payment Plans: We offer both hourly rates and fixed fees for specific services. Prior to commencing any work, we will provide a detailed fee proposal outlining the chosen structure and estimated cost for any service you seek. For projects exceeding £800, 50% of the total fee is required to initiate our services. The remaining 50% (outstanding balance) will be paid prior to submission of the application or when the agreed service has been provided. For projects under £800, the full fee is required upfront. Work will not commence until the relevant fee is received in our accounts. All service-related fees are non-refundable, unless otherwise agreed in writing.
- Fees: All fees will be agreed between us and the client before payment is requested via invoice. The agreed Fee will be set out in the Service Commencement Letter and will depend on the specific details of your project. The fee may include expenses. We will keep you informed as the project progresses, if your project is likely to incur additional fees or expenses.
- Expenses: You will be responsible for any reasonable expenses incurred by us while working on your project. This may include travel expenses, accommodation, as well as fees for third-party services required for your project (e.g., surveys and specialist reports). Prior to commissioning third party work, we will obtain your approval. You will be informed promptly if expenses are likely to be incurred as part of your project.
- Local Authority Fees: Please note that any statutory fees associated with applications or appeals to local authorities or other bodies are the client’s responsibility. These fees are separate from our service fees and must be paid to the relevant authority (example - application fee).
- Payment Due Dates: All invoices are due within 14 days of the invoice date, prior to the commencement of service-related works and prior to any application submissions. Timely payment is essential to this agreement and the fulfilment of services.
- Late Fees: Late payments will incur an additional fee of 5% (of the total agreed fee) for every 14 days that payment remains overdue (calculated daily from the due date until payment is received). We reserve the right to suspend work on any project for overdue payments.
- Payment Methods: Payments can be made in full without any deductions or withholding (except for any legal requirements). We reserve the right to offset any outstanding client balances against any payments due to the client.
Client Responsibilities
Deadlines: While we strive to meet all agreed-upon deadlines, it is important to acknowledge the inherent uncertainties in processing times by local authorities and the Planning Inspectorate. These governing bodies can sometimes experience delays, which are unfortunately beyond our control. Clients should be aware of this.
Fees: Our clients are responsible for paying expenses and local authority fees as mentioned previously.
Information: Clients are responsible for providing us with all information deemed necessary to fulfilling the requirements of a requested service. Such information may include details such as plans, materials, surveys, photographs, site information and other relevant documents. The provision of such documents and information will aid in ensuring the smooth and timely delivery of your requested service. Talk Plan Build cannot be held accountable for delays caused by awaiting such information.
Decisions: We cannot guarantee the outcome of any planning application, as the final decision rests solely with the local authority or planning inspectorate.
Appeals: In the event of an appeal the Planning Inspectorate have the power to award costs against either party. Prior to pursuing an appeal, we would like to make our clients aware that we are not liable for any costs awarded against you. Open communication is key to us, so if you have any questions about costs or your appeal, please contact us at
info@talkplanbuild.co.uk.
Confidentiality
We take reasonable steps to protect your personal data from unauthorized access, disclosure, alteration, or destruction. This includes implementing appropriate technical and organizational safeguards.
Intellectual property
All content on this website, including text, graphics, logos, icons, images, videos, software, and other materials (the "Content"), is the intellectual property of Talk Plan Build Ltd (and/or its licensors). The Content is protected by applicable copyright, trademark, and other intellectual property laws.
You may access and use the Content for personal, non-commercial purposes only. You may not modify, copy, distribute, reproduce, transmit, publish, create derivative works from, or otherwise exploit the Content without our express written permission.
Termination of Agreement
By acquiring a service (through the signing of the service commencement letter, accepting our Terms and Conditions and paying at least 50% of an agreed fee), you are entering into the equivalent of contract (an Agreement).
An Agreement between us (Talk Plan Build Ltd) and you (the client) may be terminated by either party upon written notice to the other party.
Termination by Client:
You, the Client, have the right to terminate this Agreement at any time. You must provide written notice to Talk Plan Build by email, after which you will receive formal confirmation of termination within 14 days.
In the event of termination by the Client, you will be responsible for all fees and charges incurred up to the date of termination. These fees will be calculated based on the payment plan outlined in your invoice (i.e. hourly rate or percentage of pre agreed fixed fee)
In the event of termination, regardless of the initiating party, Talk Plan Build will charge you for the work already completed.
Termination by Talk Plan Build:
Talk Plan Build reserves the right to terminate this Agreement, and cease acting for you, in relation to any matter or all of your matters. Termination will only occur in specific circumstances and with written notification to you. Examples of those circumstances include the following:
- Poor or inadequate instructions provided by the Client, which limit our ability to carry out a service.
- A breakdown in the professional relationship between Talk Plan Build and the Client.
- Late payment beyond reason
- Concerns regarding acting for the Client due to the UK sanctions regime.
- Circumstances where Talk Plan Build is legally or ethically obligated to cease acting for the Client.
Liability
Outcomes: Whilst we are dedicated to achieving positive results for your planning application or appeal, it’s important to acknowledge the inherent uncertainties within the planning process. Due to the complex nature of planning legislation and the discretionary decision-making power of local authorities and other bodies, we cannot guarantee specific outcomes and are not liable for any unwanted outcomes. However, we will leverage our expertise and experience to present your case in the most compelling way possible.
Profits: We are not liable for any loss of profits. Our total liability to you is capped at the amount you paid for our services.
Third Parties: We are not responsible for errors or omissions in information provided by third parties like local authorities.
Sharing information: Documents we create may be subject to specific regulations. Please consult with us before using them for marketing purposes.
This liability clause remains in effect even after the termination of our agreement and/or requested services have been provided.
Law and Dispute resolution
This Agreement, and any dispute arising out of or in connection with it, shall be governed by and construed in accordance with the laws of England and Wales. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement.
Other Information
Our terms and conditions will be updated annually on 1st. Please refer to our Privacy Policy Page for Privacy related information.
