Simple Planning Solutions Ltd – Chartered Town Planning Consultancy
These terms and conditions (the “Terms”) govern all work carried out by Simple Planning Solutions
Ltd for its clients. They should be read together with your fee proposal or price quotation and any
specific matters agreed with your consultant in writing (by letter or email), which together form
the agreement between us (the “Agreement”). Where a fee proposal or written agreement
conflicts with these Terms, the fee proposal or written agreement takes precedence. By signing
the fee proposal, or by instructing us to proceed (whether in writing, verbally or by conduct), you
accept these Terms.
1. Definitions
1.1 “The Company”, “we”, “us” and “our” mean Simple Planning Solutions Ltd (company number
10119591), whose registered office is 51 Allesley Hall Drive, Coventry CV5 9NS.
1.2 “The Client”, “you” and “your” mean the person, business or organisation who instructs the
Company to carry out the Services.
1.3 “The Services” means the planning and related professional services described in your fee
proposal or otherwise agreed in writing.
1.4 “Consumer” means an individual acting wholly or mainly outside their trade, business, craft or
profession. “Business Client” means any other client. Certain Terms apply only to one or the
other and are marked accordingly.
2. Our service and standard of care
2.1 The Company is a chartered town planning consultancy. Michelle Hill is a Chartered Member
of the Royal Town Planning Institute (MRTPI) and the Company and its personnel are bound
by the RTPI Code of Professional Conduct. We will carry out the Services with the reasonable
skill, care and diligence to be expected of a competent chartered town planning consultant.
2.2 The Company prides itself on delivering a quality service and on maintaining high standards of
client care. However, you agree and accept that outcomes cannot be guaranteed because of
the nature and inherent uncertainties of the planning system, planning procedure and
planning legislation. No representation, statement or opinion given by us as to the likely
outcome of any application, appeal or other matter is a guarantee of that outcome.
2.3 We will keep you advised of the progress of the work at reasonable intervals and will respond
promptly to your communications during the course of the commission.
2.4 The Services are limited to those set out in your fee proposal. We do not provide legal advice,
financial advice, structural, building control, valuation or surveying advice, and nothing we
provide should be relied upon as such. Where such advice is required we will recommend that
you obtain it from an appropriately qualified professional.
3. Use of associates, freelance planners and sub-contractors
3.1 You acknowledge and agree that the Company may, at its discretion and without further
reference to you, arrange for all or part of the Services to be carried out by suitably qualified
and experienced associates, freelance or consultant planners engaged by the Company
(typically fellow Chartered Members of the RTPI (MRTPI)), or by other sub-contractors
engaged by the Company.
3.2 Where the Company engages such associates or sub-contractors to deliver the Services, the
Company remains responsible to you for the Services and for the associate’s or sub-
contractor’s work as if it were our own, and you will continue to deal with, and be invoiced
by, the Company. Such associates and sub-contractors do not owe you any separate duty and
you agree to bring any claim arising from the Services against the Company alone and not
against any individual associate, employee or sub-contractor.
3.3 This clause 3 does not apply to consultants separately appointed by you or on your behalf
under clause 8 (for example architects, transport, ecology, drainage, arboricultural or heritage
specialists), whose fees and work remain your responsibility.
4. Your Responsibilities
4.1 You undertake to assist us by supplying, promptly upon request, all relevant and necessary
information, documents, plans and materials, and to ensure that everything you provide is
accurate, complete and not misleading. We are entitled to rely on the information you
provide without independently verifying it.
4.2 You will give timely instructions and decisions when asked, make agreed payments when due,
and respond to our communications within a reasonable time. The Company shall not be held
responsible for any delay, additional cost or loss of opportunity (including a missed deadline)
caused by your failure to do so.
4.3 You confirm that you are the owner of the land or property to which the Services relate, or
are otherwise authorised to instruct us in respect of it, and that you will notify any other
owner as required by the planning process (for example by service of the requisite ownership
notices). The Company will not be held responsible for any land owner not properly served
upon.
5. Delays outside our control
5.1 You accept that the time taken by local planning authorities, the Planning Inspectorate and
other bodies to validate, consult upon and determine an application or appeal is uncertain
and outside our control. The Company is not responsible for delays in the determination of
applications or appeals once they have been submitted.
5.2 The Company shall not be held responsible for delays incurred while awaiting information,
instructions, decisions or payment from you or from third parties.
6. Appeals and deadlines
6.1 Planning appeals and certain other submissions must be made within statutory or
predetermined time limits. Where we have been instructed to prepare and submit an appeal,
we will use reasonable endeavours to do so within the applicable deadline. However, the
Company shall not be held responsible for any failure to submit within a deadline where you
have not provided the necessary information or instructions, made agreed payments, or
responded to communications in a timely manner.
6.2 The Company is not responsible if the period during which an appeal may be made expires, or
if an appeal is rejected as invalid, because of a failure by you to provide instructions or to pay
any appeal fee or our fee when due.
7. Awards of costs (appeals)
7.1 All advice provided by the Company is given in good faith. We will not take on a case that we
do not believe has a reasonable prospect of success, but this is a professional judgement and
not a guarantee (see clause 2.2).
7.2 In appeals, the Inspector has the power to make an award of costs against either party. Your
consultant may recommend that you apply for costs against the Council where appropriate;
however, it is your responsibility to tell us if you consider that a claim for costs should be
made. The Company is not liable for any award of costs made by the Inspector against you.
8. Third-party plans, materials and separately appointed consultants
8.1 In some circumstances we will make use of information and plans previously or separately
prepared for you by others (such as an architect). It is your responsibility to secure any
permissions, licences or consents required for the use of material produced by a third party.
The Company is not responsible for any errors, omissions or deficiencies in plans or
documents produced by a third party and cannot be held responsible if such material is
rejected or held to be deficient by a planning authority, the Planning Inspectorate or an
Inspector.
8.2 Where it is agreed that another consultant or consultants (such as an architect, transport,
ecology, drainage, arboricultural or heritage specialist) should be appointed by you or on your
behalf, you have full responsibility for the payment of any fees, expenses or charges due to
that consultant, and for the adequacy of their work, whether or not we assist in coordinating
them.
9. Certificates of lawful development
9.1 In relation to certificates of lawfulness (existing or proposed use or development), the onus is
on you to produce sufficient, unambiguous evidence to demonstrate, on the balance of
probabilities, that the use or development is lawful. If insufficient evidence is available or
provided, the local planning authority may refuse the application, and any further or
resubmitted application will require a further fee (both our fee and any statutory fee).
10. Fees, expenses and VAT
10.1 Most work is charged on an hourly-rate basis, though some work may be charged at a fixed
fee, and some matters may involve a “success fee”. Details of the basis of charging, the
applicable rates or fixed fees, any success fee, and the payment schedule will be agreed in
advance and confirmed by email or in your fee proposal.
10.2 Unless expressly stated otherwise, quoted fees are exclusive of VAT (which will be added
where chargeable) and exclusive of disbursements and expenses. Disbursements and
reasonable expenses reasonably incurred in providing the Services (for example statutory
application or appeal fees, search fees, printing of large or numerous plans, travel and
mileage) will be charged to you in addition, at cost.
10.3 Where any statutory or other fees are payable to local authorities or other bodies in respect
of an application or appeal, those fees are your responsibility and the Company has no liability
whatsoever in respect of them.
11. Additional work
11.1 If it becomes necessary to carry out work outside the agreed brief, or if you request
additional work, that work will involve additional fees. We will confirm the nature of, and
(where practicable) an estimate or basis for, the additional fees by email before or as soon as
reasonably practicable after undertaking the work.
12. Payment terms
12.1 Unless otherwise agreed in writing, payment of our fee (or the agreed initial payment) is
required upon instruction, before substantive work commences. Any further invoices are
payable within 14 days of the invoice date.
12.2 Time for payment is of the essence. If any invoice is not paid in full by its due date, we reserve
the right to suspend work on your matter (having given you notice) and/or to charge interest
as set out below. Suspension or non-payment does not extend any statutory or appeal
deadline, and we are not responsible for any consequence of a deadline missed during a
period of justified suspension for non-payment.
12.3 For Business Clients: interest and compensation on overdue sums will be charged in
accordance with the Late Payment of Commercial Debts (Interest) Act 1998, namely interest
at 8% above the Bank of England base rate together with fixed sum compensation and
reasonable recovery costs; alternatively, at our discretion, interest at 4% above the prevailing
Bank of England base rate calculated on a daily basis from the invoice date.
12.4 For Consumers: we reserve the right to charge interest on overdue sums at 4% above the
prevailing Bank of England base rate, calculated on a daily basis from the date of the invoice
until payment is received. Nothing in these Terms affects your statutory rights.
13. Cancellation rights (Consumers)
13.1 Where you are a Consumer and the Agreement is made at a distance (for example by
telephone, email or online) or away from our business premises, you have the right under the
Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 to
cancel the Agreement within 14 days of the day it is entered into, without giving a reason. To
cancel, simply tell us clearly in writing (by letter or email to the address above) before the 14-
day period ends.
13.2 If you would like us to begin work during the 14-day cancellation period, you must expressly
request this. By instructing us to begin work immediately (including by signing the fee
proposal and paying the initial fee), you request that we start within the cancellation period
and you acknowledge that: (a) if you cancel after work has begun, you will be liable to pay for
the Services provided up to the point of cancellation, in proportion to the work done; and (b)
once the Services have been fully performed within the 14-day period at your request, you
will lose the right to cancel.
13.3 This clause 13 does not apply to Business Clients.
14. Termination
14.1 Either party may terminate the Agreement at any time by giving reasonable written notice
to the other. We may terminate or suspend immediately if you fail to pay sums due, fail to
give instructions we reasonably require, ask us to act in a way that is unlawful or in breach of
the RTPI Code of Professional Conduct, or if continuing would create a conflict of interest.
14.2 On termination for any reason, you remain liable to pay our fees and expenses for all work
properly carried out, and for disbursements committed, up to the date of termination. Any
success fee or fixed fee already earned or contractually due remains payable in accordance
with the fee proposal.
15. Professional indemnity insurance and limitation of liability
15.1 The Company maintains professional indemnity insurance with a limit of indemnity of £5
million in respect of each claim (or such other level as we notify to you from time to time).
Further details of our cover are available on request.
15.2 Nothing in these Terms limits or excludes our liability for death or personal injury caused by
our negligence, for fraud or fraudulent misrepresentation, or for any other liability that
cannot lawfully be limited or excluded. For Consumers, nothing in these Terms affects your
statutory rights, including your rights under the Consumer Rights Act 2015 that the Services
be performed with reasonable care and skill.
15.3 Subject to clause 15.2, our total aggregate liability to you in contract, tort (including
negligence), breach of statutory duty or otherwise arising out of or in connection with the
Agreement shall be limited to the greater of (a) the total fees paid by you to the Company for
the matter giving rise to the claim, or (b) such other sum as is agreed in writing in the fee proposal, and in any event shall not exceed the amount recoverable under our professional
indemnity insurance in respect of that claim.
15.4 Subject to clause 15.2, the Company shall not be liable for any loss of profit, loss of
anticipated development value or uplift, loss of opportunity, or any indirect or consequential
loss, howsoever arising.
15.5 The Company is not liable for any loss arising from: the exercise of planning judgement or
discretion by a local planning authority, the Planning Inspectorate or an Inspector; changes in
planning law, policy or guidance; the acts, omissions, errors or delays of third parties; or your
failure to provide accurate or timely information or instructions.
15.6 No claim may be brought against any individual director, employee, associate, freelance
planner or sub-contractor of the Company personally; you agree to bring any claim against
the Company alone.
16. Intellectual property
16.1 Copyright and all other intellectual property rights in the reports, statements, drawings and
other documents we produce remain vested in the Company until our fees and expenses for
the relevant work have been paid in full, at which point you are granted a licence to use those
documents for the purpose for which they were prepared.
16.2 You may not use, reproduce or rely on our documents for any other purpose, or make them
available to any third party who might rely on them, without our written consent. We accept
no liability to any third party who relies on our work.
17. Confidentiality and data protection
17.1 Each party will keep confidential the other’s confidential information, except where
disclosure is required to carry out the Services (for example to a local planning authority or
the Planning Inspectorate), is made with consent, or is required by law.
17.2 The Company will process personal data in accordance with the UK GDPR and the Data
Protection Act 2018, and only as necessary to provide the Services and to comply with our
legal and professional obligations. You acknowledge that certain information relating to a
planning application or appeal is placed on a public register and published by the local
planning authority or the Planning Inspectorate, and that we are not responsible for
information made public in that way.
17.3 We may retain your file and records for a reasonable period after completion of the Services
(normally at least six years) to comply with our professional and insurance obligations, after
which we may securely destroy them without further reference to you.
17.4 The way in which we collect, use, store, share and protect your personal data, and the rights
available to you under data protection law, are set out in more detail in our separate Privacy
Statement, which forms part of these Terms and is available on our website or on request. In
the event of any conflict between that Privacy Statement and this clause 17, the Privacy
Statement prevails in relation to the handling of personal data.
18. Use of artificial intelligence
18.1 The Company may use artificial intelligence (AI) tools to assist with the preparation of certain
elements of the work, for example research, initial drafting, summarising documents, data
analysis or proof-reading, where doing so improves efficiency or quality.
18.2 Where AI tools are used, they are used only as an aid. All work is checked and approved by a
suitably qualified planner who applies their own professional skill and judgement and takes
full professional responsibility for the advice and documents we provide. We do not rely solely
on AI-generated output, and the use of such tools does not reduce the standard of care set
out in clause 2.
18.3 We take reasonable steps to protect the confidentiality of your information when using such
tools, and will not input your confidential or personal information into any AI tool in a manner
that would breach our confidentiality or data protection obligations under clause 17. If you
would prefer that AI tools are not used in connection with your matter, please tell us in writing
and we will discuss suitable arrangements with you.
19. Complaints and the RTPI Code
19.1 We are committed to providing a high-quality, professional service. If at any point you are
unhappy with any aspect of our service, please raise it with your consultant, or in writing to
the Director at the address above, and we will acknowledge your complaint promptly and set
out how and by when we will respond. We operate an internal complaints-handling
procedure, a copy of which is available on request.
19.2 As a Chartered Member of the RTPI, Michelle Hill is bound by the RTPI Code of Professional
Conduct. If a complaint cannot be resolved between us, you may be able to refer a concern
about professional conduct to the Royal Town Planning Institute.
20. Force majeure
20.1 The Company shall not be in breach of the Agreement, nor liable for any delay in or failure
to perform the Services, to the extent caused by events beyond its reasonable control,
including (without limitation) illness, fire, flood, power or communications failure, industrial
action, epidemic or pandemic, or the acts, delays or failures of public authorities.
21. General
21.1 Entire agreement. The Agreement (these Terms together with your fee proposal and any
matters confirmed in writing) constitutes the entire agreement between us and supersedes
any previous arrangement, understanding or representation.
21.2 Variation. No variation of these Terms is effective unless agreed in writing between the
parties.
21.3 Assignment. You may not assign or transfer your rights or obligations under the Agreement
without our written consent. We may assign or sub-contract as set out in clause 3.
21.4 Third-party rights. Except as expressly stated in clauses 3.2 and 15.6 (which are intended to
benefit our associates, employees and sub-contractors), a person who is not a party to the
Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any
of its terms.
21.5 Severance. If any provision of these Terms is found to be invalid or unenforceable, the
remaining provisions continue in full force and the invalid provision will be modified to the
minimum extent necessary to make it valid and enforceable.
21.6 Notices. Notices under the Agreement may be given by letter or email to the last address
notified by the relevant party.
21.7 Governing law and jurisdiction. The Agreement and any dispute arising out of it are governed
by the law of England and Wales, and the parties submit to the exclusive jurisdiction of the
courts of England and Wales.
Acceptance
By signing your fee proposal, or by instructing us to proceed, you confirm that you have read,
understood and accept these Terms and Conditions of Business.
The first was for a farm project with Nuneaton and Bedworth Council, and the second was a retrospective planning application with Coventry City Council. In both cases Michelle handled everything professionally from start to finish and made the whole planning process much easier to navigate.
Planning applications can be complicated, but Michelle explained each stage clearly, helped prepare the necessary documents, and ensured everything was submitted correctly. Her knowledge of the planning system and local councils really showed, and it made a big difference to the outcome.
Both applications were granted, which speaks for itself.
I’d highly recommend Michelle and Simple Planning Solutions to anyone needing help with a planning application. We’ll definitely be using her again for another project next year.
Thanks again Michelle.
Throughout the process, Michelle was consistently clear, responsive and practical. She understood the planning issues properly, dealt with the council directly, and kept the application moving when it could easily have stalled or failed due to delays elsewhere.
Importantly, she didn’t over-promise or sugar-coat things — she explained what mattered, what didn’t, and how best to get the application over the line. In a process where others were slow or unresponsive, Michelle was reliable and professional throughout.
I wouldn’t hesitate to recommend her to anyone needing experienced, level-headed planning advice.
The website was impressive, already with lots of information. Easy decision to make to contact Michelle. She was fantastic, full of knowledge and experience. Answered all our questions with fast accurate responses! Great attention to detail too.
Most definitely highly recommended for sure. Thankyou again Michelle 😀
Very knowledgeable and resourceful in her line of work, she is able to efficiently and effectively direct you in any matters regarding planning etc..
Capable of guiding you through the process from start to finish throughout your project or endeavours, answering any queries and providing assistance in resolving any issues you may come across along the way, she is sure to make your planning application experience a stress free and straightforward process.
Would recommend and will be using again in future.
We received the fantastic news of being successful in our appeal and being granted our LDC.
We would not hesitate on recommending your services.
Thank you again Mark and Vicki
Anytime you call she will fine time for you. Good customer service.
From site visits to quick responses, she was always there for us, even replying to the council on our behalf while on holiday! Her dedication and professionalism were truly impressive.
Top-notch service, highly recommended! We will definitely be using Michelle for all our future planning applications on other projects.
And the best part? Planning granted! 😁🙌
The complications implemented by the council caused alot of stress for me but Michelle overcame every obstacle.
Highly recommended and will always use in the future, thank you again!
Excellent Service!! Michelle has been amazing. She is an experienced planning officer who is able to provide a wealth of knowledge and information. Thanks to her advice and her application support document, we have recently had our application approved which we are over the moon about. Michelle has helped at every stage and has worked with the surveyors, architect and most recently negotiated with the planning officer during the application to ensure approval. Her fees are very reasonable and she is so easy to talk to and deal with. Very few of us who are not in the industry have the knowledge to support these complex applications to give them the best chance of success and I think this possibly the best money I have ever spent for her help with this project. I can't recommend Simply Planning enough. Well deserved 5 stars!!
Thanks again.
She also helped me secure my builders for the job
we where working against the clock to obtain a Lawful Development certificate allowing us to be able to complete the sale of are home.
she was very quick and professorial in her response to are inquiry and after tell her the situation we were in, she was able to come to are home to take pitchers and get the application in to the council very promptly. which we would not have been able to do without her support.
if i needed to ask her any question or was unsure of anything I was able to contact her and get a prompt response.
Thank you for the great service as you have played a significant role in us being able to exchange on are family home.
The matter we are dealing with is going to Appeal and we had no hesitation in engaging Simple Planning Solutions.
I cannot regard her work more highly or recommend her too highly.
After many planning issues and attempts to sort them ourselves we called upon Michelle, who has really gone above and beyond to get the job done. Very professional and gets results. In hindsight we should have used her from the very start.
Michelle was honest, responsive and ensured we were paid by their client on time. We would recommend Simple Planning Solutions and look forward to working with Michelle in the future.
Need Planning advice on listed Buildings?
Simple Planning Solutions specialises in all things heritage assets and specialist planning advice involving listed buildings.
Whether you are a listed building owner or a land owner considering diversification projects, our blog may have information that can help you.
Buying a Grade 2 Listed Building? What to Expect
Buying a Grade 2 listed building is a unique and rewarding experience, but it comes…
What is Listed Building Consent?
If you own or manage a listed building and would like to make changes or…
Can I Get Help With a Listed Building?
If you own or manage a listed building, and have to deal with the maintenance…