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I had a Planning Consultant prepare a Planning Statement for…

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I had a Planning...

I had a Planning Consultant prepare a Planning Statement for holiday lets, which I paid for. This was unsuccessful and I ceased using the consultant. I few years later I used this work as a basis for a subsequent application on another let as the arguments were identical, again the planning application was refused but I fought the Planning authority and won at Appeal. The original planning consultant now wants money as I used his original work in the second application. There is nothing in the Terms of the contract that staed that I could do this. Where do I stand?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

UK

Lawyer's Assistant: Has anything been filed or reported?

No, just an email from the consultant asking for money.

Submitted: 7 months ago.Category: UK Law
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Answered in 1 minute by:
11/28/2017
Solicitor: Ben Jones, UK Lawyer replied 7 months ago
Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
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Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

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Solicitor: Ben Jones, UK Lawyer replied 7 months ago

Is he basically asking you to pay twqice for the same piece of work?

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Solicitor: Ben Jones, UK Lawyer replied 7 months ago

Apologies for not getting back to you sooner, I experienced some temporary connection issues and could not get back on the site until now. All appears to be resolved now so I can continue dealing with your query.

Architects, planners, etc generally own the copyright in building plans and architectural works that they create, which means they have the right to choose how it is used. It also means they can charge for continued use if there was no express licence granted for its further use without their consent. However, circumstances arise where there is an implied licence to use the works to which copyright has attached. As a general rule, regardless of whether a client has paid an planner or not, a client has an implied licence to use their work for the purposes for which the client commissioned the preparation of the works, unless there is a written agreement that expressly states the contrary position.

The implication of an implied licence is that in the event the relationship between a planner and a client ceases, no matter what the reason, a client subject to the terms of the agreement may retain the right to take the work and continue using it based on the original design (even if the work is completed by someone else).

So basically, unless the contract specifically said that you cannot use their work for the same purposes in the future, there would most likely be an implied licence that you could have used it and they should not be able to charge you again for the same work.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

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