Guidance

Planning and marine licence advice: standard terms for our charges

Updated 1 April 2024

These are the standard terms that apply when we charge for giving planning or marine licence advice.

Explanation of terms

These terms have the following meanings.

Advice

‘Advice’ means the chargeable advice we provide to you related to your application, either:

• before you formally submit it to the relevant authority
• after formal submission to the relevant authority
• after your application has been granted

‘Advice’ also means:

• the services we provide to you relating to nationally significant infrastructure projects, under the Planning Act 2008 54A(2)
• the chargeable advice we provide to you relating to non-statutory strategic engagement activities

The advice is as specified in the programme. It may include (but not be limited to):

• flood and coastal risk management
• surface water management
• pollution prevention
• impacts on water bodies in a river basin management plan
• impacts on wetland biodiversity and fisheries
• waste management
• climate change adaptation

Agreement

‘Agreement’ means the agreement between the parties for the advice we provide as set out in all of the following documents:

• the programme
• these terms
• our published charges
• the instruction

This list is in the order of preference to be applied in the event of a conflict.

Application

‘Application’ means an application for either:

• planning permission
• a development consent order
• a marine licence

Contract duration

‘Contract duration’ means the period specified in the programme.

Instruction

‘Instruction’ means your written acceptance of these terms and the programme and confirmation that we are to provide the advice.

Strategic engagement activity

‘Strategic engagement activity’ means seeking advice at the strategic level through individuals or bodies such as:

• local enterprise partnerships
• combined authorities
• councils
• infrastructure providers
• growth and partnership boards

‘Strategic engagement activity’ also means seeking advice at the strategic level in relation to development plans such as:

• local and neighbourhood plans
• minerals and waste plans
• associated appraisals, assessments and evidence base documents

Party or parties

‘Party’ or ‘parties’ means you and us.

Programme

‘Programme’ means our letter setting out the schedule of work to provide the advice and the estimated cost of that work.

We, us, our

‘We’, ‘us’, ‘our’ means the Environment Agency, including its officers, employees, contractors and agents.

You or your

‘You’ or ‘your’ means the natural or legal person named or proposed to be named in the application, the granted application or strategic engagement activities (as applicable). This includes their officers, employees, contractors and agents.

1. Work we will do

1.1 Subject to conditions 3 and 8.5, we will provide you with our advice as set out in the programme and as permitted under these terms.

1.2 We may consult other regulators and government bodies or other relevant authorities where we consider their input is relevant.

2. Programme

2.1 By providing the instruction, you acknowledge and agree that the work you require from us is as set out in the programme.

We will use reasonable endeavours to provide our advice within any periods set out in the programme (or in the absence of a specified period, within a reasonable time). We do not guarantee to meet these timescales.

2.2 The parties may at any time agree changes to the programme in accordance with condition 10.1.

3. Work you will do

3.1 Upon receipt of the programme, you must promptly provide the instruction or confirm in writing that you wish to proceed with the agreement. If you do not do this within 28 days of our sending you the programme, we shall be entitled to assume that you do not wish to proceed.

3.2 You must provide us with the information (including maps, reports, plans and drawings as relevant) and support that we may reasonably require in relation to providing our advice.

3.3 You must discuss with us any changes in your requirements for our advice. We shall not be under any obligation in relation to such changes unless and until they have been agreed in accordance with condition 10.1.

4. Commencement and term

4.1 Subject to conditions 3 and 8.5, we will start work on providing our advice from the date we receive the instruction. Unless terminated earlier under condition 8, the agreement shall continue in force until you have paid in full our final invoice for providing advice.

5. Costs of our advice

5.1 You must pay all reasonable costs and expenses we incur in providing our advice.

5.2 We will charge you for each hour or part hour (at a minimum of half an hour) of staff time incurred in giving our advice. Our hourly rates for providing advice are those rates we approve from time to time and publish for this purpose. In addition we will charge you for any other reasonable costs we incur (including the costs of advice from external consultants if we consider such advice necessary). We will provide you with evidence of these costs.

5.3 Our hourly rates are exclusive of VAT or any similar taxes that may apply. You shall be responsible for paying any VAT or any similar taxes payable in respect of our charges.

5.4 We will tell you if our cost estimate changes when we receive more information from you or others, and when we agree with you in writing any changes to the programme under condition 2.2.

5.5 You must tell us if you disagree with any costs estimate given under condition 5.4 and why as soon as possible. In any event this must be no later than 14 days after you receive it.

5.6 You may terminate this agreement on the basis that the costs estimate is not acceptable at any time before we start work.

5.7 We will send you invoices monthly for costs associated with the time we spend. Any other costs incurred as described in condition 5.2 will be invoiced on an ad hoc basis. You must pay all invoices within 30 days of the date issued.

6. Acknowledgement

6.1 You acknowledge and agree that in providing our advice we are under no obligation to:

(a) make any favourable recommendation to the Marine Management Organisation, a local planning authority, the Planning Inspectorate, or appropriate decision maker in relation to your application or strategic engagement activity

(b) grant any related consents or permits which we are responsible for determining

6.2 We will use reasonable skill, care and diligence when we provide our advice. It will be based on the information available to us at the time and the laws, policy and guidance in place at the time. You must make sure that the advice and information we give meets your needs. You are responsible for the consequences of how you use the advice.

7. Confidential information

7.1 Subject to condition 1.2, we will only disclose confidential information you send us to any third party where we must disclose it by law, or at the order of any competent authority. You should note that we are subject to public sector disclosure obligations, including the:

• Freedom of Information Act 2000
• Environmental Information Regulations 2004

We may be required to disclose information upon request despite its confidential nature.

7.2 The restrictions on disclosure of confidential information in condition 7.1 shall not apply where either:

• we have obtained this information separately without confidentiality obligations
• it becomes publicly available – and not through a breach of obligation or confidentiality

7.3 Condition 7.1 shall not prevent us providing a copy of any advice provided under this agreement in relation to a formal application or the discharge of conditions under your planning permission, development consent order, marine licence or strategic engagement activity.

8. Termination

8.1 Either party (the ‘notifying party’) may terminate this agreement by doing either (a) or (b):

(a) at any time, giving the other party not less than 14 days’ written notice of its intention to terminate (save that we will not unreasonably terminate this agreement)

(b) giving the other party written notice with immediate effect if the other party (the ‘defaulting party’) materially breaches this agreement and if any of these apply:

(i) the defaulting party has not remedied (or has not started and is diligently proceeding to remedy) the breach to the notifying party’s reasonable satisfaction within 14 days after service of a written notice specifying the breach and requesting it to be remedied

(ii) the breach cannot be remedied

(iii) the breach is a fundamental breach of this agreement

8.2 A notifying party may terminate this agreement by giving the defaulting party written notice with immediate effect if any of these apply to the defaulting party, they:

(a) become insolvent

(b) are declared bankrupt

(c) have a receiver appointed

(d) enter into an arrangement with their creditors, or an order is made or a resolution passed for their winding up - except where it is for the purpose of restructuring and the resulting institution agrees to be bound by this agreement

8.3 If at the time this agreement is terminated we have any outstanding costs which would otherwise have been payable under condition 5, or any costs (including contingent costs) in relation to contracts with third parties which we cannot immediately terminate, you must pay these costs.

8.4 The definitions and conditions 5.1, 5.3, 5.7, 6.1, 7, 8.3, 9, 10.3 to 10.5 and 11 shall be deemed to survive termination.

8.5 Without limiting our other rights or remedies, we may temporarily stop providing advice under this agreement if either of the following occur:

(a) you become, or threaten to become, subject to any of the events listed in condition 8.2(a) to (d)

(b) you fail to pay any sums you owe to us when due, whether arising under this arrangement or otherwise

(c) we reasonably believe that you are about to default on paying any money you owe us that is due, whether under this arrangement or otherwise

We shall not be required to recommence work unless and until the reason for suspension has been finally resolved to our reasonable satisfaction.

9. Disclaimer

9.1 Neither party excludes or limits liability to the other for death or personal injury caused by its negligence, or for any breach of any obligations which cannot be excluded by law.

9.2 Subject to condition 9.1 we shall not be held liable in contract, negligence or otherwise for the consequences of either:

• you following or relying upon comments or views given by us
• any act, omission, event or circumstance (or series of acts events or circumstances) relating to this agreement or the matters contemplated by it

10. General

10.1 Any variation of this agreement shall only be valid if it is in writing and signed by both parties.

10.2 Our obligations to you under this agreement may be suspended because of any event which is beyond our reasonable control and which means we cannot carry out the work.

10.3 This agreement is subject to the law of England and, subject to condition 11.1, to the exclusive jurisdiction of the English courts.

10.4 This agreement is the whole agreement between the parties in respect of the advice and supersedes all previous communications, representations and agreements, whether spoken or in writing.

10.5 If any part of this agreement is or becomes unlawful or unenforceable it shall be deemed deleted. That deemed deletion shall not affect the validity of the remainder of this agreement and the parties shall negotiate in good faith to agree an alternative provision that achieves the same intended result (as far as is possible).

11. Dispute resolution

11.1 Any dispute between the parties arising out of this agreement shall be referred first to your project manager and our senior manager to try to resolve before any court proceedings are taken by either party. This condition shall not prevent either party from applying to the court for injunctive relief.