Updated: August 2023
Our guarantees

Planning Voice guarantees to provide bespoke, relevant and efficient planning objection advice to all of our clients

We will always act in the best interests of our clients

We will never knowingly enter into, or provide guidance to undertake or offer advice upon, unlawful or illegal activities of any kind

We will not discriminate against anyone or anything – all points of view will be considered equally and advice issued accordingly

Planning Voice will always endeavour to provide the correct and proper advice in any given situation – we acknowledge that this may, on rare occasions, include advice that our client chooses not to accept or does not like. If this is the case, we will continue to act in direct accordance with our client’s wishes until such a time that we are unable to do so. Please note our complaints procedure – a link is located at the
foot of every page of this website.

Where engaged to do so, we will always provide professionally prepared responses – produced by qualified individuals – with the specific intent of preventing ‘inappropriate development’ within the scope of Town & Country Planning / Development Control in the jurisdiction of UK Local Planning
Authorities.

NB: Owing to the subjective and variable nature of the UK Planning System, we cannot guarantee success in any planning related matter – however we will use our best endeavours to enable our clients to obtain a positive intervention and / or to improve the effects of any application which an objector would wish to achieve…

The following represents the general contractual conditions under which we operate. Please note that these terms are subject to agreement between parties and may be subject to separate written variation. See provision of services for additional related information.

1.1 – Planning Voice refers to any organisation or body corporate that may lawfully acquire or lawfully continue in business under the same trading name – of which change all clients shall have due notice.

1.2 – Planning Voice’s registered office is at: 16 Commerce Square, Nottingham NG1 1HS

1.3 – General correspondence or enquires should be sent to email to info@planningvoice.com

1.4 – Accounts enquiries should be sent to info@planningvoice.com

1.5 – For the avoidance of doubt, the words Planning Voice and its logo remain intellectual property thereof.

1.6 – “Client” means any person, partnership or company whose request for the provision of services is accepted by Planning Voice – for the purposes of this document and related contractual undertakings hereinafter referred to as Planning Voice.

1.7 – For the avoidance of doubt Planning Voice itself shall have no liability whatsoever to the Client
under these conditions.

1.8 – These conditions shall apply to all services provided by Planning Voice to the Client (“Services”) unless otherwise agreed in writing. These conditions shall take effect to the exclusion of any other terms and conditions of the Client or otherwise. No prior correspondence, addition to, variation or waiver of these conditions shall be binding unless agreed in writing by Planning Voice.

1.9 – The headings in these conditions shall not affect their construction or interpretation.

2.1 – Planning Voice shall provide Services according to the written instructions received from the Client from time to time for the fee agreed in writing. In default of agreement Planning Voice shall charge for the Services at its usual un-adjusted rates for such work at a rate of £145 / hour plus disbursements and expenses. Any discounts, offers or reduced rates offered by Planning Voice to the Client shall be offered
in good faith. However, in any case of default of agreement, any discounts, offers or reductions offered in shall become void and the full un-adjusted fees shall become payable (at Planning Voice discretion).

2.2 – Where a member of Planning Voice staff is named as the person to provide the Services Planning Voice shall be entitled to use other staff of comparable skill and experience to supply services.

2.3 – Unless otherwise agreed in writing between the parties Planning Voice will endeavour to correspond solely by electronic means, via the internet or other electronic media. It should be noted that in all cases Planning Voice will take reasonable steps to safeguard the security of the information held and transmitted, but will not accept liability for its security and confidentiality beyond these steps.

2.3 – Unless otherwise agreed in writing between the parties Planning Voice will endeavour to correspond solely by electronic means, via the internet or other electronic media. It should be noted that in all cases Planning Voice will take reasonable steps to safeguard the security of the information held and transmitted, but will not accept liability for its security and confidentiality beyond these steps.

3.1 – The Client warrants that all information provided by or for him to Planning Voice will be full and accurate.

3.2 – The Client will be responsible for assessing and acting upon the recommendations and advice given by Planning Voice and for any commercial decisions that it makes. The Client is responsible for taking into account the limitations in the instructions given to Planning Voice, and commercial and other factors, of which the Client and its other advisors are, or should be aware.

3.3 – The Client will ensure that all legislative and health and safety requirements are complied with in relation to employees of Planning Voice working on the Client’s premises.

3.4 – The Client will ensure that any employee, employees, agents or themselves attending Planning Voice premises will comply with statutory and Planning Voice health, safety, welfare, information technology and security arrangements.

3.5 – Delivery, maintenance and insurance of materials and equipment provided by the Client shall be the responsibility of the Client.

3.6 – Planning Voice will be responsible for its own materials and equipment.

3.7 – The Client will indemnify Planning Voice against claims brought or threatened by third parties (including all liabilities, losses, reasonable legal fees and internal management and administrative costs arising from such claims) as a result of or connected with the Services except to the extent that Planning Voice is legally liable to the Client.

3.8 – Where it is appropriate to do so the client will assist Planning Voice with any marketing and promotional activities that Planning Voice may choose to undertake (at the company’s own cost – unless by mutual agreement) either during or after the completion of the agreed works. This will include but is not limited to providing reasonable opportunity for collection of promotional photographs and other
marketing media (including written articles) relating to works undertaken.

4.1 – Clients are guided to take notice of payment terms written within estimate and / or contractual documentation issued. Unless otherwise stated all invoiced sums are due within 21 days of invoice date. Payment will take place online using the STRIPE service. Where fees are due in advance of service (in most cases) Planning Voice reserves the right to hold off on delivery of any service until cleared funds are received. Cleared funds means that funds are available in Planning Voice’s current account and not held by any third party (e.g credit card system or clearing house).

4.2 – Planning Voice reserves the right unilaterally to vary payment terms by giving prior written notice.

4.3 – If any payment is not made to Planning Voice by the due date:

i. Planning Voice reserves the right to cease to provide the Services, to withdraw any work previously submitted on behalf of the client and to terminate any contract;

ii. Planning Voice reserves the right to charge additional fees (in accordance with clause 2.1 above) to recover any costs incurred in administration of the account, and where necessary, to pass on the Clients account to an external agency for immediate collection without further notice to the Client;

iii. the Client agrees that payment for all contracted services and / or services carried out by Planning Voice up to that date shall become due and payable forthwith whether or not an invoice has been issued in respect of that work and notwithstanding that 21 days may not have expired since the invoice date; and

iv. Planning Voice reserves the right to charge compensation and interest on any late or overdue payments in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 – or any subsequent revisions or replacement thereof – The rate of interest calculated in respect of late
payments will be 5% over the base rate of Lloyds Bank PLC in force from time to time, or;

v. where any agreement between the Client and Planning Voice are not expressly covered by provisions of the Late Payment of Commercial Debts (interest) Act 1998, the Client agrees to pay compensation and interest on overdue sums as if they were a body corporate – and thus obligated by that act.

4.4 – The Client shall reimburse Planning Voice for all expenses properly incurred in the discharge of the Services.

4.5 – Where required, Planning Voice will add VAT to its charges and expenses at the applicable rate then in force.

4.6 – Planning Voice reserves the right to take up credit, bank and other references including checks appropriate to discharge our duties under anti-money-laundering regulations.

5.1 – Planning Voice will use reasonable skill and care in carrying out the Services. Planning Voice advice is based upon the business climate and circumstances prevailing at the time the advice is given. Planning Voice accepts no responsibility for any external factors which may later change or fluctuate or of which Planning Voice cannot reasonably be expected to be aware.

5.2 – The parties agree that Planning Voice advice will only apply in the context of the instructions given by the Client to Planning Voice.

5.3 – Planning Voice will not accept liability for use by the Client in any other circumstances.

5.4 – Any advice or recommendations given by Planning Voice as part of the Services will not be binding on Planning Voice unless confirmed in writing.

5.5 – Any work carried out for the Client by Planning Voice outside the Services and for which Planning Voice does not charge the Client shall not be, or deemed to be, subject to any contract between Planning Voice and the Client. Planning Voice will not expect or agree to the Client relying upon such work and Planning Voice excludes all liability in contract and in tort, including for negligence, for such work.

5.6 – Planning Voice will not be liable for any of the following arising from provision of the Services:

i. loss of anticipated profits or expected future business;
ii. damage to reputation or goodwill;
iii. damages, costs or expenses payable by the Client to any third party;
iv. loss of any order or contract; or
v. indirect or consequential loss of any kind.

5.7 – Planning Voice will not be liable for

i. any failure or delay in carrying out the Services attributable to any act or omission, or delay by the
Client, its employees or contractors; or

ii. any products supplied by a third party.

5.8 – The Client shall bring any claim related to the Services within two years of
i. the relevant incident; or

ii. the date when the Client ought reasonably to have been aware of the existence of the claim. Planning Voice excludes liability for claims brought outside this time limit.

5.9 – The liability of Planning Voice in contract, negligence or otherwise relating to the Services shall be limited to the reasonable cost of remedying any defect in the Services or other matter constituting a breach and in no circumstances shall the liability of Planning Voice exceed the greater of £500 or oneand-one-half times the total paid by the Client to Planning Voice for the Services.

5.10 – Nothing in this clause 5 shall limit the liability of Planning Voice for death or personal injury
caused by its negligence.

6.1 – Without prejudice to their other rights, a party may terminate the contract if;

i. the other party commits a material irremediable breach or fails to remedy a material and remediable breach within 21 days of receipt of written notice to do so;

ii. the other party has an administrator or administrative receiver appointed over all or any of its assets or goes into insolvent liquidation; or

iii. an event within the scope of condition 9.2 prevents or delays Planning Voice from carrying out the Services for 60 consecutive days or more.

6.2 – Payment for all Services carried out up to and including the date of termination shall be due
immediately upon termination by the Client pursuant to condition 6.1.

6.3 – Payment due on termination by Planning Voice pursuant to condition 6.1 shall include:

i. payment for all Services carried out up to and including the date of termination; and

ii. reimbursement to Planning Voice of the cost of any commitments entered into by Planning Voice on the assumption that it would otherwise supply all of the Services.

7.1– Subject to the following and to clause 2.3, Planning Voice will treat as confidential all trade secrets and confidential information received from the Client relating to the Services concerning the Client or its business. Planning Voice will not disclose such information to a third party without the prior written consent of the Client. Planning Voice may use information obtained while providing the Services for the compilation of statistics.

7.2 – All information and advice provided by Planning Voice the Client is for the sole use of the Client and shall not be disclosed or made available by the Client to any third party without the prior written consent of Planning Voice.

7.3 – Neither party shall be prevented from disclosing information which:

i. is already in the public domain, or becomes available in the public domain through action of third parties;

ii. is or becomes known from other sources without restriction on disclosure;

iii. is required to be disclosed by law; or

iv. the recipient party can prove is, or has been, independently developed by the recipient.

7.4 – The Client will neither display nor use either the name Planning Voice or its logo, nor will the Client disclose to any third party Planning Voice involvement in the Services without the prior written consent of Planning Voice, unless legally required to do so.

7.5 – All copyright in working papers, reports and other materials produced by Planning Voice shall vest in Planning Voice, but the Client may circulate copies of such within its own organisation.

8.1 – The Client shall not during the provision of the Services or within 6 months after the completion of the such without Planning Voice prior written consent offer employment to any member of Planning Voice staff who has carried out work in connection with the Services or engage any such person either directly or indirectly to provide services to the Client. Clients should be aware that Planning VoiceContractors are also bound by similar contractual obligations.

8.2 – If the Client is in breach of condition 8.1 the Client agrees to pay to Planning Voice, on demand, a sum equal to 50% of the total annual remuneration package paid by Planning Voice to the member of its staff concerned prior to his/her departure. The Client acknowledges that this sum represents a genuine and fair assessment of the likely loss to Planning Voice.

8.3 – If the Client is in breach of condition 8.1, notwithstanding 8.2 above, and the member of staff is a shareholder in Planning Voice, the Client agrees to pay a sum to Planning Voice equivalent to the total value of shares held by the relevant staff member at the time.

9.1 – If two or more parties engage Planning Voice to supply Services in respect of a particular contract then such parties shall be jointly and severally liable for payment for the Services.

9.2 – Planning Voice will not be liable for any failure or delay in carrying out the Services due to any circumstances beyond its reasonable control.

9.3 – Any notice by either party shall be deemed to have been properly given if delivered by hand, or sent by first class recorded delivery post to the other party at its address notified in writing, and shall be deemed to have been delivered two working days after the date of posting.

9.4 – Any condition found to be invalid or unenforceable shall be severed, and the remaining conditions shall continue to be valid and enforceable as if the contract had been agreed without the invalid or unenforceable condition.

9.5 – The contract to which these terms and conditions apply shall be governed by English law and the parties submit to the nonexclusive jurisdiction of the English courts.

9.6 – Conditions 7 and 8 shall remain enforceable irrespective of termination of the contract or completion of the Services for whatever reason. Termination or completion shall not prejudice the accrued rights or liabilities of either party.

9.7 – A person who is not a party to this Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any condition of this Contract. This does not affect any right of a third party which exists other than pursuant to that Act.

On receipt of valid credentials and detailed information relating to a specific planning application (submitted through our start now questionnaire) Planning Voice will provide a unique client / case reference number via email to the address supplied by the customer.

If we do not believe that the service required can be delivered in good time, we reserve the right NOT to offer service (no fee will be charged). On receipt of client acceptance we will investigate the application in question, assess validity of the provided reason(s) for objection, identify additional opportunities for reasonable objection and provide general recommendations towards the local planning authority’s (LPA’s) refusal of planning permission (or suggest suitable onerous conditions / obligations as appropriate). We aim to respond with our initial advice within 7 working days.

All input undertaken by Planning Voice is completed solely via electronic communications (email / web delivery), however where instructed to engage in Bespoke Consultancy services, we will be happy to personally represent clients (or groups) and to coordinate objections for maximum collective effect.

As our digital products and services are bespoke (i.e. prepared and tailored for individual customers and specific circumstances) we regretfully cannot offer an option to cancel once our services after we have been formally engaged and work started.

Should a planning application be withdrawn by the submitting agent / applicant while we are in the process of delivering advice and / or a written objection, we will agree to stop work immediately and to carry any unspent time to a future engagement. Fees in hand shall not be refunded unless the application is (or has been) withdrawn prior to our engagement.

CANCELLATION & RIGHT TO WITHDRAW

As our digital products and services are bespoke (i.e. prepared and tailored for individual customers and specific circumstances) we regretfully cannot offer an option to cancel once our services after we have been formally engaged and work started.

Should a planning application be withdrawn by the submitting agent / applicant while we are in the process of delivering advice and / or a written objection, we will agree to stop work immediately and to carry any unspent time to a future engagement. Fees in hand shall not be refunded unless the application is (or has been) withdrawn prior to our engagement.

PROVISION OF SERVICE & CHARGING FOR OUR SERVICES:

We are not prepared to offer ‘free’ advice as we believe our input has substantial weight and value. No matter how you look at it, ‘free’ advice incurs a cost (in lost working time if nothing else) which inevitably has to be charged back to our paying clients. In our opinion, this is just not fair – we’d rather have happier clients, more time available and lower costs to boot.

Caveats:

As the planning process is [essentially] a democratic and subjective system (i.e. open to opinion and interpretation at every level) we cannot guarantee that our services will result in a final / binding refusal of planning permission. Nor can we control the behaviour or actions of third parties. However, we will endeavour to provide our clients with proper, reasoned and appropriate advice relevant to the specific
application (as referenced by the client) based on the facts made available, or subsequently discovered by us, in the course of our work.

It is inevitable that on occasion one or more individuals may have issue with a planning proposal on ‘non-valid’ grounds or (for example) as a result of personal grievance (e.g. a neighbourhood dispute, family fall out, boundary issues etc). As professional advisers we will not allow our team to become involved in any potentially libellous, slanderous or litigious infractions – we will however provide balanced and objective comment on the planning case at hand and the facts presented / available to us.

Reservation of rights and related matters:

We reserve the right to terminate instructions / client engagement at any time (with proper explanation given) and also to decline instructions where potential for conflict of interest exists. An example of conflict of interest may include a situation where a prospective client wishes us to act in a manner contrary to the interests of another pre-existing client, member of staff, shareholder or partner. We also reserve the right to decline work in Local Planning Authority / Designated areas.

In addition we reserve the right to decline work that may affect our professional working relationships with certain national and regional firms of architects, planning agents, consultants or surveyors. In the interest of client privacy these are not listed, however prospective clients will be advised if we cannot become involved in a planning matter for any reason.

Finally we reserve the right to protect the identities of our service agents – as such all communications from us will be directed from a generic planning voice address / lead representative until such time as personal contact may become appropriate – in which case a specific individual will be assigned to the case and a detailed contract will be issued.

Please note that we cannot be held responsible for any misinterpretation or miscommunication of advice offered – all information is provided in good faith and for the advertised purpose and directly in the context of a specific planning application as first referenced by the client.

Planning Voice cannot be held responsible for advice prepared on the basis of falsely supplied or incomplete information, or on knowingly reckless / fraudulent statements – it is every individuals responsibility to provide accurate information and to act within the law.

Copyright
All text and images – unless otherwise credited – is property of Planning Voice.

Complaints handling:

We sincerely hope that there will be no need for any of our clients to make a complaint against Planning Voice or the firm’s agents – Should you wish to make a complaint about our service (for any reason) your should be made in writing to: info@planningvoice.com.

Please note our Complaints Procedure

About this site

This website and associated online services are provided by Planning Voice. The business was founded to provide a dedicated planning objection advice and consultancy service – specifically helping those people wishing to oppose planning proposals.

Planning applications submitted throughout the UK are able to be challenged by members of the public for a wide variety of reasons. However, how this is best achieved is generally unclear and can be extremely daunting to the uninitiated. We are planning consultants who specialise in helping people to get their views heard during the planning application phase of building and development projects. We currently cover the English and Welsh planning systems – which are governed by the Town & Country Planning Act 1990 (As amended) and by various National Planning Policy Guidance, along with statute and related policies. Local plans and planning authorities also have their own individual planning policies that add additional layers of complexity to the objection and representation process.

We are here to make the objection process simple, concise and straightforward – enabling our customers to build the best possible case for halting inappropriate development.

Registered Address:
16 Commerce Square, Nottingham NG1 1HS

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