Planning permission and copyright querie

[grobdiver]

I was commissioned by a builder to get planning permission on a site he wanted to develop, we got permission granted but with conditions, two of the which would incurr the builder a cost of �30,000 for educational contributions etc. I suggested i try and get the conditions waived at a fee of 2% of the amount waived and unbelievably the council waived it all, a fee of �600 for me however In the time it took for me to get confirmation the plot was sold to someone else who has started building using the plans i produced

The original builder payed me for the drawings and planning work, but never paid me for the waiver as he had no interest in the site at that point, he has not been paid by the new builder for the original planning permission and drawings and has suggested i chase the other builder for the �600, and my planning work fee and also costs incurred to local authority.

Can anyone out there advise me on my copyright argument and my legal standing on how i should go about approaching the builder for reinbursment.

kind regards
grobdiver

[Awoo]

You sure are in a pickle. I don't have an answer for you but I hope you get it sorted and things work out in your favour. Best of luck!

[buildersmate]

I don't believe the copyright argument will work. Planning Application drawings are public documents and can be viewed and copied by members of the public. Anyway you've been paid for that aspect. When you agreed to seek removal of the planning consent condition, you had a new contract with Builder 1, so it is he who owes you the money. The fact he later lost the plot is not relevant unless he put a clause in to clarify. You could use the County Court process (Small Claims Court) perhaps, depending on what documentation you have regarding the 2nd contractal arrangement.
Its very odd this. Every builder I know takes out an option to purchase land on which he is investing time and money in getting planning. Otherwise he (and his planning consultant) are utilising resources that may increase the value of the land several fold but can lose it at the whim of the landowner - as has now happened.