3rd January 2013, 02:05 PM
Greetings and salutations!
Just to play the cloven-hoofed advocate here.... In the current climate where provision of HER data is a charged-for service and a requirement of good practise, a Client could/should have a reasonable expectation that data provided by a Local Government Office for the explicit purposes of complying with established requirements would be adequate and sufficient for the Planning process to proceed. Should that data turn out to be inadequate or inaccurate, a Client could argue that they had complied with requirements and paid for them. The HER provider could then be open to legal proceeding for failing to provide.
I am not suggesting for a moment that an HER search is sufficient on it`s own for the purposes of Planning-led projects but, I am suggesting that HER providers leave themselves open to legal proceedings if and when their data as provided is later deemed to be a stumbling block in the life-cycle of a Planning Application.
I always request HER data in writing and in clear and concise terms. All subsequent telephone dialogue with HER providers and County Mounties are then recorded in writing. In my world, HER provided data is but one facet of a DBA/EIA etc but in contractual terms is probably the one ingredient that my Client could/should have confidence in and the right to challenge legally if that data then is seen as the principal barrier to the progress of a Planning Application. That said, it is for the representative of the Client to ensure that requirements are met. I have oodles of examples where HER data as provided has been either completely inaccurate or conspicuous by its absence.
If I had to call my Client and explain that extra funds were needed to facilitate my collation and collection of HER data in person, the Client could rightly challenge that. Not only that, in doing so, I would nullify the responsibility of Local Government Officers in the contractual provision of that data. Tiz rocky ground methinks.....
Somewhat flippantly, if I apply for a driving license from Government Offices and subsequently find myself banned from driving because the license is shown to be faulty at source, I would take the Government Offices to court. Without a milliseconds` hesitation. :face-stir:
Just to play the cloven-hoofed advocate here.... In the current climate where provision of HER data is a charged-for service and a requirement of good practise, a Client could/should have a reasonable expectation that data provided by a Local Government Office for the explicit purposes of complying with established requirements would be adequate and sufficient for the Planning process to proceed. Should that data turn out to be inadequate or inaccurate, a Client could argue that they had complied with requirements and paid for them. The HER provider could then be open to legal proceeding for failing to provide.
I am not suggesting for a moment that an HER search is sufficient on it`s own for the purposes of Planning-led projects but, I am suggesting that HER providers leave themselves open to legal proceedings if and when their data as provided is later deemed to be a stumbling block in the life-cycle of a Planning Application.
I always request HER data in writing and in clear and concise terms. All subsequent telephone dialogue with HER providers and County Mounties are then recorded in writing. In my world, HER provided data is but one facet of a DBA/EIA etc but in contractual terms is probably the one ingredient that my Client could/should have confidence in and the right to challenge legally if that data then is seen as the principal barrier to the progress of a Planning Application. That said, it is for the representative of the Client to ensure that requirements are met. I have oodles of examples where HER data as provided has been either completely inaccurate or conspicuous by its absence.
If I had to call my Client and explain that extra funds were needed to facilitate my collation and collection of HER data in person, the Client could rightly challenge that. Not only that, in doing so, I would nullify the responsibility of Local Government Officers in the contractual provision of that data. Tiz rocky ground methinks.....
Somewhat flippantly, if I apply for a driving license from Government Offices and subsequently find myself banned from driving because the license is shown to be faulty at source, I would take the Government Offices to court. Without a milliseconds` hesitation. :face-stir: