A. Introduction
A.1 Marcus Whitmore Planning Studio (hereafter referred to as ‘MWPS’) operates in accordance with the Royal Town Planning Institute’s Code of Professional Conduct, details of which can be viewed online at Code of Professional Conduct | The Royal Town Planning Institute
A.2 The following terms and conditions of business, together with the written fee quote detailing the work to be undertaken, form the basis of the MWPS contract with you except where any changes are expressly agreed in writing.
B. Client Care
B.1 MWPS seeks, always, to deliver an excellent service to clients and will act with honesty and respect in relation to every instruction.
B.2 MWPS undertakes to keep clients fully informed throughout the planning process and to respond promptly to all communications.
B.3 Clients must undertake to assist MWPS by supplying all relevant and necessary information relating to an instruction and MWPS shall not be held responsible for any delays incurred whilst awaiting such information, or any other circumstances or matters beyond MWPS’s control.
C. Fees and Expenses
C.1 Wherever possible, MWPS will seek to operate on a fixed fee basis, which will be calculated with reference to the amount of time that will be spent on a client’s planning matter, based on the MWPS’s hourly rate. The hourly rate may be varied from time to time.
C.2 The agreed fixed fee will only cover the work set out in the written fee quote (either provided in a formal letter or an email).
C.3 If the client is unsure whether any activity or cost is included in a fee quote, whether in a formal letter or an email, they must assume it is not unless written clarification to the contrary has been obtained from MWPS.
C.4 Any alternative fee arrangements will be subject to negotiation and agreement in writing before work commences on any instruction.
C.5 Where MWPS provides the client with a fixed quote for services in writing it will only be valid for a period of 30 days from the date of the written quote. No contract will arise between MWPS and the client until MWPS receives written confirmation of acceptance of the quote by the client (either by letter or email. MWPS reserves the right to increase the quote as a result of any matters beyond its control, of changing instructions from the client or failure by the client to give adequate information on instructions. Where this occurs MWPS will give you written notice of any such event.
C.6 In accordance with the RTPI’s Code of Conduct MWPS will notify you in writing before undertaking any additional work or incurring any additional fees or expenses and ensure that appropriate instructions have been received in advance.
C.7 Where it has been agreed that other consultants or specialist advice is required the client shall have full responsibility for the instruction of such services and payment of any fees, expenses or charges that are incurred.
C.8 Where any statutory fees are due to be paid to any Local Authority or other body in respect of applications or appeals these fees shall be paid by the client and MWPS shall not be liable for payment of these fees.
C.9 MWPS reserves the right to reimbursement of expenditure relating to the reasonable costs and will always endeavour to keep these to a minimum and where possible include them in the fee quote. MWPS will not normally charge for mileage for car travel for journeys under 50 miles in total. Where longer journeys are required a mileage charge may be included in an agreed fixed fee quote.
C.10 Fee quotes do not provide for hard copies of any plans or documents produced by MWPS or third parties to be made available to clients. All plans and documents will be provided electronically as PDFs or similar.
C.11 MWPS’s fees are not subject to VAT, but where costs are incurred in relation to purchase of mapping etc, the VAT associated with these will be charged to the client.
D. Invoices and Payment
D.1 Invoices for work undertaken in compliance with an agreed fee quote will be sent to a client at the point set out in the fee quote. Fees are normally split into parts, with payment being sought in stages as work progresses.
D.2 Where it has been agreed that MWPS will charge on an hourly basis invoices will be submitted at the end of each month or other appropriate intervals. MWPS reserves the right to seek a payment on account prior to commencing work on any project which is agreed on an hourly basis.
D.3 Payment of all invoices is due on a 7-days basis by direct bank transfer. Payment details are included on the invoice. Receipts will only be issued on request after payment.
D.4 If payment of any invoice is not made within 7-days following the issue of an invoice MWPS reserves the right to suspend all work on any instructions the client has given MWPS until such time as the invoice is paid.
D.5 MWPS reserves the right to engage the services of a professional debt collection agency to pursue any outstanding debt owing to MWPS and the client will be liable for any additional fees that are incurred.
D.6 If there are any queries regarding an invoice the client must contact MWPS immediately to seek clarification of the matter.
D.7 If the client terminates a fixed fee contract prematurely, for example by deciding not to proceed with an application or appeal, or by instructing MWPS to withdraw an ongoing application or appeal, the full fixed fee arrangement will remain payable unless otherwise agreed in writing by MWPS. There will be no refunds for sums already paid.
E. Limitation of Liability
E.1 MWPS will endeavour to provide professional services with the reasonable skill, care and diligence to be expected of a professional town and country planning consultant.
E.2 Unless advised otherwise, MWPS will rely upon the accuracy and completeness of information which the client has provided. MWPS shall not be responsible and shall in no way be held liable for the consequences of the use or application of information the client has provided in the event there is any inaccuracy or inconsistency.
E.3 MWPS will not be held responsible for any losses arising from the supply of inaccurate or incomplete information by clients and others involved with the matter.
E.4 MWPS can help with the selection of external contractors or consultants to carry out specific tasks on the client’s behalf. Such tasks may be supportive of MWPS’s work to the client or to the project generally. Wherever this occurs, the contractual arrangements will be solely between the client and the contractor or consultant. MWPS accepts no responsibility or liability for the performance of any such contractor or consultant or any acts or omissions arising from their work for the client.
E.5 MWPS will also not be held liable for clients’ failure to act upon the advice that is provided or for clients failing to respond promptly to communications from MWPS or the relevant authorities.
E.6 If any complaint regarding MWPS service should arise, clients may ask the Royal Town Planning Institute for advice.
E.7 MWPS is fully insured to meet the costs of any legitimate claims arising from a complaint of professional misconduct or negligence. Details are available on request.
F. Use of Artificial Intelligence (AI)
F.1 MWPS may from time to time use Artificial Intelligence (AI) tools to assist with research, background information gathering, drafting, and the preparation of planning-related documents and correspondence. Where AI tools are used, all reasonable care will be taken to verify the accuracy of any information that is generated. MWPS accepts professional responsibility for all work submitted on behalf of clients and will exercise independent professional judgement in reviewing, editing, and approving any AI-assisted output before reliance is placed upon it. The use of AI by MWPS does not diminish the standard of care owed to the client nor the obligations under the RTPI’s Code of Professional Conduct.
F.2 Whilst every reasonable effort will be made to ensure that AI-assisted research and outputs are accurate, current, and relevant, the client acknowledges that AI-generated content may contain errors or be based on incomplete or outdated information. MWPS will always apply professional scrutiny to AI-generated material before incorporating it into any advice, report, or submission. Clients should notify MWPS immediately if they become aware of any factual inaccuracies in work produced.
F.3 The client is required to declare, at the earliest opportunity, where AI tools have been used to prepare or contribute to any information, documents, correspondence, or representations submitted to MWPS. This includes, but is not limited to, project briefs, supporting statements, site descriptions, planning justifications, and any other material provided to assist MWPS in carrying out its instructions. This disclosure is necessary to enable MWPS to assess the reliability and accuracy of the information received and to fulfil its own professional obligations.
F.4 MWPS accepts no responsibility for any errors, omissions, or adverse outcomes arising from reliance on information provided by the client which has been generated or materially contributed to by AI tools, where the client has failed to disclose this as required under clause F.3 above. The client accepts responsibility for ensuring that any information provided to MWPS — whether AI-generated or otherwise — is accurate, complete, and not misleading.
G. Law
G.1 These terms and conditions of business are subject to the Law of England and Wales.
H. Privacy Policy
H.1 The content of the marcuswhitmore.co.uk website is the sole property of Marcus Whitmore Planning Studio (hereafter referred to as MWPS). All intellectual property rights existing in the site belong exclusively to MWPS.
H.2 Any devices or trademarks shown on the website, registered or otherwise, remain the property of the appropriate trademark owner.
H.3 MWPS has taken every care to ensure that the information on its website is accurate and up to date. However, no warranties are given as to the accuracy of the information contained on the website. No action should be taken or omitted in reliance of any information or advice placed on the website.
H.4 MWPS shall not be liable for any loss or damage arising out of the use of any of the information on the website. Whilst every effort has been made to ensure that the content of the website is virus free, it is recommended that any downloaded information be virus-checked using reputable and up to date virus-checking software.
H.5 Nothing in this website shall be deemed to create a binding contract between MWPS and any users of the website.
H.6 By entering the website you are deemed to have accepted the terms of use as outlined above. MWPS makes no representations or warranty that any product, service or information referred to or contained in the website are appropriate for use in other locations or jurisdictions.
H.7 MWPS destroys its files and other papers after such time as is judged reasonable, generally six years after completion of any matter.
H.8 MWPS retains ownership of all intellectual property arising from the performance of its services and the work it produces. The client agrees not to adapt, reproduce, sell or otherwise disclose any documents without MWPS’s prior written consent.
H.9 MWPS invoices will be sent by email.
H.10 MWPS will not disclose your personal data to any third party without your consent. With your consent your personal data will be shared with other consultants that MWPS introduces to a project, where their particular expertise is required, for example architects, engineers, traffic consultants, ecologists and tree consultants. MWPS will retain your information for a reasonable period or as long as the law requires.