How to select a planning consultant?

[ey143]

I'm considering my options with respect to an appeal. If I wanted to utilise the services of a planning consultant, how should I best go about selecting one. Is there a way I can check their success record at appeal stage.

How does charging work?

Is it best to go local?

Thanks.

 

[EdwardHeronMRICS]

Depending on the size and nature of the project you may wish to instruct a Chartered Planning & Development Surveyor (http://www.ricsfirms.com) or Chartered Town Planner (http://www.rtpiconsultants.co.uk).

Success records at appeals are largely down to the merits of the case and provided that you use an appropriately skilled consultant, preferably with professional membership of one of the two bodies given above, your case should be well presented. The advantage of using an RICS or RTPI member is that they are regulated by their professional bodies which provides assurances of competence and integrity.

 

[ey143]

Many thanks, appreciate the feedback. A follow on question - how is the cost of such a service determined, is remuneration ever, at least in part, determined based on the outcome of an appeal?

 

[EdwardHeronMRICS]

Generally professional fees are charged on an hourly rate. A consultant should provide an estimate of the time/cost that they anticipate will be required when tendering for the project. In the event that you instruct them, their instruction letter should also contain a fee estimate and confirmation that should due to unforeseen circumstances they become aware of additional costs, they will seek your written agreement before undertaking additional work.

Some consultants may offer to work on a fixed fee basis, the level of which may be determined by, amongst other factors, the complexity of the appeal, the method (written reps, hearing, enquiry) and the quality of the initial application.

I would think it unlikely that a suitably competent professional would be willing to accept instruction where professional fees were in anyway linked to the appeal outcome except in the most exceptional situation. It is not unheard of but I am only aware of this happening in very large projects where a bonus may be included on top of the standard fees.

 

[ey143]

Interesting, thanks again. Is it better to always locate someone local to the area who known the particular borough / county planning rules to increase the prospect of a successful appeal?

 

[freddiemercurystwin]

Whilst I have never done an appeal myself or in fact directly employed a planning consultant, I have worked for many architects practices who have done appeals, the consultants are always local and generally the practice uses one consultant or another, rather than say going to three different ones for a quote, as you would for say a structural engineers quote. As once they find a good consultant they seem to be used time and time again. I could recommend a good consultant down this neck of the woods but not sure if he does appeals in different areas of the country. You could do worse than to contact some local architects or architectural technicians (think one man bands rather than practices) and ask who they would recommend as they will have probably done a few appeals and if they have used a consultant will pass on their contact details. I say contact one man bands first because they will subsequently more likely have used consultants who charge less than a bigger commercial practice.

Employing a consultant on a no win no fee basis could possibly work but you will pay a much higher fee if you win than you would otherwise, that is the downside for you. I would never work on that basis but that’s just me.

 

[EdwardHeronMRICS]

I would agree with the previous response that generally, architects and developers have a preferred planning consultant that they use regularly. With regards to the benefit of using a local consultant/firm, I would say that this depends on the nature of the appeal. For a domestic extension for example, familiarity with local planning policy would probably make a consultant who has carried out work within the Local Authority planning area previously a logical choice. That having been said, a good consultant should be able to familiarise themselves with relevant extant local policy fairly simply and form a judgement as to how this conforms to legislation, the National Planning Policy Framework and Planning Practice Guidance, all of which may be more of an issue at an appeal than during the initial application.

A couple of other points, firstly don't forget that an appeal must be submitted to the Planning Inspectorate within 12 weeks of the date of the LA decision notice (28 days if subject to an Enforcement Notice). Secondly, an appeal may not be the best option, you may be able to overcome the grounds for refusal by submitting a revised application to the LA.

 

[ey143]

Thank you, both again. Will try and see if we can come to an agreement with the council first before we have to take things further.