Mr James Draper Programme Officer Rydale House Malton North
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Opus House Elm Farm Park Thurston Bury St Edmunds Suffolk IP31 3SH T 01359 233663 Mr James Draper E [email protected] Programme Officer W evolution-planning.co.uk Rydale House Malton North Yorkshire YO17 &HH Our ref: E266 C1/Let01 23rd August 2018 Dear James RYDALE LOCAL PLAN EXAMINATION We write with a Matter Statement for Matter 8 Visually Important Undeveloped Areas (VIUA). We object to this policy in respect of the Norton VIUA. This policy is not soundly based. It is not Justified by being an appropriate strategy based on proportionate evidence. The Norton VIUA does not accord with national policy as it does not allow the delivery of sustainable development. The analysis in this Matter Statement has been carried out by Penny Stephens who is a Landscape Architect. This shows that the Norton VIUA is not based on appropriate evidence and the landscape is no more remarkable than land that was approved for housing at appeal. We therefore propose that the Norton VIUA is deleted from the plan. Yours sincerely DAVID BARKER MRTPI MRICS DIRECTOR EVOLUTION TOWN PLANNING LTD Evolution Town Planning Limited Registered Office: Opus House Elm Farm Park Thurston Bury St Edmunds Suffolk IP31 3SH Registered in England Number 10636748 E??? - PLANNING ADVICE – &JOB DESCRIPTION& I/We accept the services offered herein and agree to be bound by the associated terms and conditions. Signed by ................................................................................................................... .......... Name and Position ................................................................................................................. the duly authorised representative of ........................................................................................................................(T he Client) Date ............................................................................................................................. ........ E???/E1.Let01 Page 2 of 6 TERMS AND CONDITIONS OF ENGAGEMENT CLIENT: &ClientTitle& &ClientFirstname& &ClientSurname& OUR REF: E??? &Company/Organisation& PROJECT: Planning Advice – DATE: &Date& Definition Meaning “Consultant” Means Evolution Town Planning Ltd. “Instructing Client” “Instructing Client” means the first named Client in the definition of The “Client” Is the person, company, authority, agency or other body or in the case of more than one Client means each of the following: The “Client” &ClientTitle& &ClientFirstname& &ClientSurname& &Company/Organisation& who instructs the Consultant to carry out the Services, the Agreement is between the Client and the Consultant. The scope of works to be executed by each discipline as separately described in the fee letter or as The “Services” subsequently amended in writing. The “Agreement” Means these Terms and Conditions of Engagement The following Standard Terms and Conditions of Engagement (the Agreement) shall apply unless amended in writing by the Consultant prior to commencement of work. 1. The Consultant shall carry out its Services and obligations hereunder with reasonable skill and care. The Services are set out in the accompanying fee letter. The Services may be subsequently amended by written agreement between the Client and the Consultant. 2. In the event of any breach of the Consultant’s obligations and/or negligence, any proceedings (which for the purposes of this Agreement shall be deemed to include any form of alternative dispute resolution), may only be brought by the Instructing Client. In the event of a dispute the Client agrees that the Instructing Client will act as the intermediary for all communications. 3. Where fees are to be invoiced to a Client or in the case of more than one Client allotted to individual Clients non payment of fees by any Client will be deemed to be a breach of this agreement. Where the Consultant has made a claim for payment in accordance with the terms of clause 8 & 9 then if the Client or a member of the Client body intends to withhold payment of part or whole of the sum claimed they must serve a notice on the Consultant not less than five days prior to the date that the sum finally becomes due specifying the amount they propose to withhold and the ground for withholding payment, or if there is more than one ground, each ground and the amount attributable to it. E???/E1.Let01 Page 3 of 6 4. The Client agrees that the Consultant may suspend the further performance of the whole or any part of the Services by notice in writing to the Client specifying, in the case of suspension of a part, the part to be suspended, such suspension to commence from the date of deemed receipt of such notice. The Consultant may exercise this right of suspension:- if any sums due to them under this Agreement have not been paid in full by the final due date for payment, no effective notice to withhold payment has been given by the Client or member of the Client body and the Consultant has given to the Client fourteen days prior written notice of the intention to suspend performance, stating the ground(s) on which it is intended to suspend performance. 5. All fee proposals exclude Planning Application, Building Regulation and Local Authority fees and survey costs. Such fees and costs shall be paid directly by the Client to the Local Authority concerned. Where a fee stage is related to a Local Authority decision, this is understood to be a Committee resolution rather than the issue of a decision notice which may be related to other legal agreements. The Client acknowledges that, by its very nature the Planning Permission process itself is beyond the Consultant’s control and no guarantee can be given that any permission shall be granted. 6. Budget cost guides for provision of the Services shall be provided on written request and shall be based on experience but as all schemes are unique the budget figure will be deemed to be indicative only. The Consultant shall endeavour to advise the Client when a budget guide figure is reached. All budget figures will be plus expenses and VAT unless otherwise agreed in writing. 7. In addition to fee charges, invoices shall include all reimbursable costs and reasonably incurred expenses arising in the course of providing the Services in respect of travel (mileage at 45 pence per mile), accommodation, subsistence, printing and other necessary expenses. Exceptional items of expenditure shall be agreed by the Client and the Consultant, and the Consultant reserves the right to require payment in advance for such items. VAT shall be applied at the prevailing standard rate on all invoices rendered. 8. Unless our fees are based on monthly payments or agreed otherwise in writing our fees become payable when the service or part thereof for which we were instructed have been completed, which will include the preparation of documentation for formal submission for whatever purpose but subsequently withheld by the Client for reasons unrelated to the service provided by the Consultant. 9. Payment of our fees is due on the date of the invoice and accounts should be settled in full within 14 days of that date. Any queries in respect of an invoice must be raised in writing within 5 days of the receipt of that invoice. If payment is not made by the settlement date, the Consultant reserves the right to charge interest on overdue invoices at 6% above Barclays Bank plc base rate. In addition, in the event that payment is not made by the settlement date, the Consultant retains the right to cease work on the project until such time as payment is made. 10. Completion of the Services shall be deemed to occur on the issue of the final fee invoice and no action or proceedings as a result of the Services provided or any breach of this Agreement shall be commenced against the Consultant after the expiry of 6 years from completion of the Services. 11. All fee proposals made by the Consultant exclude fees associated with copyright or licence fees relating to any material supplied by the Client. The Client shall be responsible for obtaining and paying all fees in respect of copyright approval licences and obtaining all other necessary permissions for all copyrighted materials provided to the Consultant for inclusion in the Services. 12. The Client hereby acknowledges the Consultant has drawn its attention to duties imposed on the Client by the Construction (Design and Management) Regulations 2007 as amended. Any comment or guidance provided by the Consultant with regard to scheme design by others is based on its reasonable interpretation of prevailing Government and Local Authority planning policies; responsibility for applying such advice to the scheme design remains that of the designer or architect appointed to design the scheme which may be a party other than the Consultant who shall be responsible for the application of any such comment or guidance to the scheme design. E???/E1.Let01 Page 4 of 6 13. The Client hereby also acknowledges that it may have obligations and responsibilities under legislation relating to property transactions and the building and construction industries. The Consultant strongly recommends that the Client obtains appropriate advice from its property, legal and taxation and other professional advisers before proceeding with any development. 14. The Consultant’s obligations under this Agreement do not include the duties or responsibilities of a CDM Coordinator or the collation of Pre-Construction Information or preparation of a Health & Safety file (as defined in the 2007 Regulations).