Babergh and Mid Suffolk District
Councils’ Accredited Agent Scheme for
Householder and Tree Applications
Terms and Conditions
Prepared April 2015
Definitions (for the purpose of these Terms and Conditions)
“Accreditation” shall mean accreditation for the purposes of the Scheme and “Accredited”
shall be construed accordingly.
“Accredited Agent” – means an agent accredited by Babergh and Mid Suffolk District Council
to submit a Tree Application or Householder Application
“Accreditation Process” – means the process an agent must follow, as set out in these
Terms and Conditions, to become Accredited.
“Application” – means a Tree Application or a Householder application as defined in these
Terms and Conditions and “Applications” shall be construed accordingly.
“Approved Logo” - means the Scheme logo illustrated in the Schedule to these Terms and
Conditions.
“Councils’ Local Validation List” – means the Local Validation List adopted by the Councils
setting out what information must be submitted with a planning application
“Householder Application” – means a planning application pursuant to the Town and Country
Planning Act 1990 as amended for development within the curtilage of a dwelling house
where there is no proposal for a change of use under the Town and Country Planning (Use
Classes) Order 1987 (as amended).
“the Scheme” – means the accredited agents scheme as set out in these Terms and
Conditions
“the Councils” – means Babergh District Council and Mid Suffolk District Council
“Terms and Conditions” means these Terms and Conditions as varied in writing from time to
time.
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“Tree Application” – means an application pursuant to the Town and Country Planning Act
1990 as amended to undertake works to, or fell, a tree covered by a Tree Preservation Order
or protected by virtue of being within a Conservation Area
“Working Day” – means any day from Monday to Friday inclusive which is not Christmas
Day, Good Friday or a statutory Bank Holiday and a reference to “Working Days” shall be
construed accordingly.
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Terms and Conditions
1.1
An Agent wishing to join the Scheme must
1.1.1 return a signed and dated copy of these Terms and Conditions, the receipt of
which will be treated as an application for Accreditation
1.1.2 complete an approved orientation and training session with one of the Councils’
Development Management Officers to the written satisfaction of one of the Councils’
Development Management Officers
1.1.3 to have submitted five (5) or more applications to the Councils in the period
twelve (12) months leading up to an application for Accreditation.
1.2
Before operating as an Accredited Agent, an agent must receive written confirmation
from the Councils that they have Accredited Agent status under the Scheme
1.3
An individual, a sole trader, an individual within a practice or a practice can be
eligible to apply for Accredited Agent status.
1.4
Whether an individual or a practice, an Accredited Agent will be subject to the
requirements of these Terms and Conditions at all times unless:
1.4.1. Accreditation is withdrawn by the Councils; or
1.4.2. An application submitted by the Agent falls outside the remit of the Scheme; or
1.4.3. The Agent has given written notice to the Councils to terminate membership of
the Scheme
1.5
Satisfactory completion of the Accreditation Process as required by these Terms and
Conditions and admittance into the Scheme will entitle the Accredited Agent to the
use the Approved Logo
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1.6
Having successfully completed the Accreditation Process and been awarded
Accredited Agent status any subsequent Applications will be registered onto the
Councils’ planning application system with minimal checks save to ensure the correct
fee has been paid and a completed application form and site plan have been
submitted in accordance with the Councils’ Local Validation List
1.7
All applications from Accredited Agents must be submitted electronically through the
Planning Portal (www.planningportal.gov.uk) using only A4 or A3 size documents.
Other sized documents will be acceptable where the scale is convertible (and at a
recognisable scale as detailed in the adopted Councils’ Local Validation List for the
time being in force) and the drawings remain clear when printed out on A3/A4 paper.
1.8
Every Application which is submitted must accord with the Councils’ adopted Local
Validation List and associated Tree Application and or Householder Application
validation checklists and all documentation must be prepared in accordance with the
stipulated criteria contained therein. The Councils’ Local Validation List and the Tree
Application and the Householder Application validation checklists can be obtained
from the Councils’ websites.
1.9
Where the appropriate planning fee is not submitted via the Planning Portal
concurrently with the Application the Application will not be treated as a valid
Application until the fee is received. Where a site plan or applicable application form,
as defined in the Councils’ Local Validation List, has not been submitted or has not
been submitted in accordance with the requirements of the Councils’ Local Validation
List the Application will not be treated as valid.
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1.10
An invalid Application will be returned to Accredited Agent after fourteen (14) days
following receipt
1.11
Following registration of an Application, where the Councils’ find it does not accord
with the Councils’ Local Validation List as required in 1.8 of these Terms &
Conditions the Application will be deemed a ‘failed submission’ and the Accredited
Agent will be notified in writing promptly. The Accredited Agent will provide the
information needed to rectify the error or omission within five (5) Working Days.
2.
Where an Accredited Agent submits three (3) failed submissions the Agent’s
Accredited status will be reviewed and may be withdrawn at the Councils’ discretion.
2.1
Any review undertaken pursuant to para 2.2 of these Terms & Conditions will be
undertaken
jointly
by
the
Councils’
Corporate
Managers
–
Development
Management. The review will consider matters in the round having regard to :

The nature of the errors/omissions

Whether the Agent discussed the validation issue with the Councils before
submitting the application

Whether the reason(s) for invalidity is highly technical

Whether reasonable judgement was used by the Agent
Prior to the review taking place the Accredited Agent will be offered an opportunity to
explain why there has been three (3) failed submissions and what steps they will take
to ensure the matters giving rise to the failed submissions do not reoccur
2.2
The outcome of the review under para 2.1 of these Terms and Conditions will be the
Corporate Managers – Development Management concluding that either:
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(1) no action be taken;
(2) further orientation/training is undertaken;
(3) the removal of Accredited Agent status.
The Accredited Agent will abide by the decision made.
2.3
Accreditation can be withdrawn immediately if, in the opinion of the Corporate
Managers – Development Management, an Accredited Agent is deemed to have
brought the Scheme into disrepute in any way
2.4
An Accredited Agent must notify the Councils if they intend to cease trading.
2.5
Accreditation will be withdrawn if the Accredited Agent ceases to trade or operate.
2.6
If Accreditation is to be withdrawn the Accredited Agent will be informed in writing by
the Councils clearly indicating why Accreditation has been withdrawn and the date
from which this takes effect. Once Accreditation has been withdrawn the Approved
Logo and its branding material must not be used on any stationery, merchandise
publicity material or in any other manner.
2.7
If Accreditation is withdrawn, the agent may reapply for Accreditation if over a period
not less than six (6) months following the withdrawal of Accreditation, 75% of all
Applications they submit are valid upon receipt by the Councils (minimum number
submitted being five (5) applications). An agent will be required to submit to and
successfully complete the Accreditation Process to secure Accreditation status.
2.8
An Accredited Agent may, if he or she wishes, use the Approved Logo for use in their
business solely for the purpose of displaying recognition as an Accredited Agent. The
Approved Logo will be updated annually and circulated to Accredited Agents.
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3.0
The Approved Logo shall only be used:
• on stationery, promotional materials, merchandise, advertising and signage; or
• as otherwise permitted in writing by the Councils.
3.1
The Accredited Agent will not do anything to prejudice or to endanger the value
reputation or validity of the Accredited Agent identity and or the Approved Logo.
3.2
The Approved Logo must not be used by any affiliated companies or organisations of
the Accredited Agent.
3.3
An Accredited Agent should not imply that they are Accredited for anything other than
the quality of Applications in so far as they relate to validation matters.
3.4
Accredited Agents must not state or imply that the Accredited status is more likely to
result in an Application being approved. Such an action would be deemed to bring
the Scheme into disrepute for the purposes of para 2.3
3.5
Accredited Agent status is not transferable between individuals or practices and only
applies to Tree Applications and to Householder Applications
3.6
The Councils jointly and severally reserve the right to review and amend these Terms
and Conditions from time to time in force upon fifteen (15) Working Days’ written
notice being given to Accredited Agents
3.7
The Councils acting jointly or severally reserve the right to cancel the Scheme at any
time giving twenty (20) Working Days written notice to each Accredited Agent
By signing below, you agree to abide by these Terms and Conditions (as amended) for so
long as you are recognised as an Accredited Agent under the Scheme.
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Name………………………………………………………………..
Signed ………………………………………………………………
Company/Practice…………………………………………………
Date …………………………………………………………………
I wish for accreditation to cover me as an individual*/ all individuals within my practice*
(*please delete as appropriate)
Contact details
Address……………………………………………………..
Telephone…………………………………………………..
Email…………………………………………………………
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