Terms & Conditions

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 company related information.

1 - DEFINITIONS AND GENERAL

1.1 - “IObject” and "iO-Planning" are trading styles of The Planning Objection Company Ltd (referred to hereinafter as TPOC) – a limited company registered in England (no. 09011392) – and shall refer to any such organisation or body corporate that may lawfully acquire or lawfully continue in business under the same trading names – of which change all clients shall have due notice.

1.2 - TPOC's registered office is at: The Old Library, Hestercombe House, Cheddon Fitzpaine, Taunton, Somerset. TA2 8LG

1.3 - General correspondence or enquires should be forwarded to: The Planning Objection Company Ltd, The Old Library, Hestercombe House, Cheddon Fitzpaine, Taunton, Somerset. TA2 8LG – or – by email to [email protected]

1.4 - Accounts enquiries should be sent to [email protected]

1.5 - For the avoidance of doubt, the word ‘IObject’ and the IObject 'Speech balloon' device are established trademarks of TPOC and remain intellectual property thereof.

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

1.7 - For the avoidance of doubt TPOC itself shall have no liability whatsoever to the Client under these conditions.

1.8 - These conditions shall apply to all services provided by TPOC 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 TPOC.

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

2 - PROVISION OF SERVICES ​

2.1 - TPOC 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 TPOC 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 TPOC 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 TPOC discretion).

2.2 - Where a member of TPOC staff is named as the person to provide the Services TPOC 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 TPOC will endeavour to correspond solely by electronic means, via the internet or other electronic media. It should be noted that in all cases TPOC 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.

2.4 - TPOC may record, without further notice, all telephone and verbal communications (incoming and outgoing) for monitoring, training, security and customer service purposes.  Information recorded and data held will be treated as with all other electronic communications.

3 - CLIENT OBLIGATIONS

3.1 - The Client warrants that all information provided by or for him to TPOC will be full and accurate.

3.2 - The Client will be responsible for assessing and acting upon the recommendations and advice given by TPOC and for any commercial decisions that it makes. The Client is responsible for taking into account the limitations in the instructions given to TPOC, 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 TPOC working on the Client’s premises.

3.4 - The Client will ensure that any employee, employees, agents or themselves attending TPOC premises will comply with statutory and TPOC 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 - TPOC will be responsible for its own materials and equipment.

3.7 - The Client will indemnify TPOC 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 TPOC is legally liable to the Client.

3.8 - Where it is appropriate to do so the client will assist TPOC with any marketing and promotional activities that TPOC 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 - PAYMENT TERMS

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.  Where fees are due in advance of service (in most cases) TPOC reserves the right to hold off on delivery of any service until cleared funds are received.  Cleared funds means that funds are available in TPOC's current account and not held by any third party (e.g credit card system or clearing house).

4.2 - TPOC reserves the right unilaterally to vary payment terms by giving prior written notice.

4.3 - If any payment is not made to TPOC by the due date:

i. TPOC 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. TPOC 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 TPOC 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. TPOC 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 TPOC 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 TPOC for all expenses properly incurred in the discharge of the Services.

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

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

5 - WARRANTIES AND LIABILITY

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

5.2 - The parties agree that TPOC advice will only apply in the context of the instructions given by the Client to TPOC .

5.3 - TPOC will not accept liability for use by the Client in any other circumstances.

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

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

5.6 - TPOC 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 - TPOC  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. TPOC excludes liability for claims brought outside this time limit.

5.9 - The liability of TPOC  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 TPOC exceed the greater of £100,000 or one-and-one-half times the total paid by the Client to TPOC for the Services.

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

6 - TERMINATION

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 TPOC  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 TPOC  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 TPOC of the cost of any commitments entered into by TPOC on the assumption that it would otherwise supply all of the Services.

7 - CONFIDENTIALITY AND INTELLECTUAL PROPERTY

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

7.2 - All information and advice provided by TPOC 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 TPOC.

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 The Planning Objection Company Ltd or the IObject 'Speech balloon' logo, nor will the Client disclose to any third party TPOC involvement in the Services without the prior written consent of TPOC, unless legally required to do so.

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

8 - TPOC STAFF

8.1 - The Client shall not during the provision of the Services or within 6 months after the completion of the such without TPOC prior written consent offer employment to any member of TPOC 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 TPOC Contractors 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 TPOC, on demand, a sum equal to 50% of the total annual remuneration package paid by TPOC 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 TPOC.

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 TPOC, the Client agrees to pay a sum to TPOC equivalent to the total value of shares held by the relevant staff member at the time.

9 - MISCELLANEOUS

9.1 - If two or more parties engage TPOC 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 - TPOC 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.

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PROCESS:

On receipt of valid credentials and detailed information relating to a specific planning application (submitted through our start now questionnaire)  I Object 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 5 - 10 working days (or as swiftly as reasonably practical).  

All input undertaken by IObject 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.

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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.

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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.

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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 and particularly the following local areas (for the purposes of eliminating any risk potential for a conflict of interest to arise):

• Blackdown Hills AONB (Devon & Somerset)
• East Devon District Council (Devon)
• Mid Devon District Council (Devon)
• Taunton Deane Borough Council (Somerset)
• South Somerset District Council

The above areas are frequent work areas for our team (in other planning / professional capacities) - so, to maintain good working relationships with the planning departments and our clients in these districts we always decline work there (it's nothing personal!).  In addition to these authority areas 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 iobject.co.uk 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.

iobject.co.uk 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.

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Copyright
All text - unless otherwise credited - is property of The Planning Objection Company Ltd.

Images used in this website are supplied under licence by Shutterstock or others (as may be individually credited)

The name I Object, the domain IObject.co.uk, the 'speech balloon' device and "IObject.co.uk" logo are all intellectual property of The Planning Objection Company Ltd. unless otherwise stated.

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Complaints handling:
We sincerely hope that there will be no need for any of our clients to make a complaint against I Object 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: [email protected].

Please note our Complaints Procedure

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