Terms and Conditionsadmin
- General Conditions
1.1 All engagements accepted by Rob Duncan Planning Consultancy Ltd. are subject to the
following terms of engagement except where changes are expressly agreed in writing.
1.2 We will observe the byelaws, regulations and ethical guidelines of the Royal Town Planning
Institute and accept instructions to act for you on the basis that we will act in accordance
with those guidelines.
1.3 All fees and charges submitted by other specialist consultants, architects etc. instructed
by Rob Duncan Planning Consultancy Ltd. on behalf of the client and with their prior
agreement, shall be the responsibility of and payable by the client.
1.4 Rob Duncan Planning Consultancy Ltd. will exercise care in carrying out the client’s
instructions to the best of our ability within the constraints imposed by the facts and
circumstances of the case. No responsibility is accepted for errors or matters beyond our
reasonable control, and the client agrees and accepts that there is no guarantee of success
given the subjective nature and uncertainties of the planning process.
1.5 The practice shall not sub-contract any part of the commission to any other Planning
Consultancy without first receiving approval in writing from the client with a clear
understanding of responsibilities.
2.1 A written fee quotation will be provided for each project and will take the form of either
a fixed fee, or an agreed hourly rate with defined fee ceiling that will not be exceeded
without the prior agreement of the client.
2.2 Fee quotes will be accompanied by a defined Scope of Work which will detail the tasks to
be carried out by Rob Duncan Planning Consultancy Ltd. on the client’s behalf. The fee
quote issued does not include the following disbursements:
• Procurement of Ordnance Survey Plans
• Photocopying Charges
• Procurement of Policy Documents
• Postal and Delivery Charges
• Mileage and travel expenses (except where included within a fixed fee)
2.3 All fees are subject to VAT.
2.4 All planning application fees will be paid direct by the client. Rob Duncan Planning
Consultancy Ltd. will not pay application fees on the client’s behalf unless it has been
expressly agreed between us and the client in advance.
2.5 If it is necessary to carry out additional work that falls outside the agreed Scope of Work,
then this will involve additional fees. We will provide an estimate of such fees before
commencing any additional work.
2.6 Invoices will be issued upon submission of the planning application / appeal, or upon
completion of the instructed document. Payment terms are 14 days from the date of the
2.7 Rob Duncan Planning Consultancy Ltd. reserves the right to withdraw any submitted
application / appeal / documentation in the event of non-payment of fees by the client.
We reserve the right to charge interest on any amounts outstanding at 5% above the Bank
of England base rate.
2.8 Any delay in receiving information, changes in Clients instruction or any matter outside
our control which leads to additional work may result in an additional fee.
- Limitation of Liability
3.1 We will endeavour to provide professional services with reasonable care and skill.
However, we will not be held responsible for any losses arising from the supply by you or
others of incorrect of incomplete information, or a failure of you or others to supply any
appropriate information or your failure to act on our advice or respond promptly to
communications from us or relevant authorities.
3.2 We will not be held responsible for any losses or inconvenience arising as a consequence
of the actions of the Local Authority.
4.1 Rob Duncan Planning Consultancy Ltd. will maintain at all times the copyright to all
documentation prepared by Rob Duncan Planning Consultancy Ltd. and no unauthorised
use of such material may be made by the Client or any other person without prior written
agreement of Rob Duncan Planning Consultancy Ltd.
5.1 Any concerns over the level of service received should be dealt with in the first instance
by the principle of the practice – Rob Duncan.