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Extract 1 : Section-A
Extract 2 : Section-B
Extract 3 : Section-C

Section C

a) My advice to any client must not be limited by any duty to someone other than that client, in such cases we there are potential difficulties.

If asked to act for more than one party in a conveyance, I have to refer to my professional rules. In general, I may not act for both seller and buyer, but there are some specific exemptions. Only if the case falls within one of the exemptions can I act.

Professional Conduct of Solicitors (7th edition, 1996) sates the relevant provisions. Under 15.01 A solicitor or firm of solicitors should not accept instructions to act for two or more clients where there is a conflict or a significant risk of a conflict between the interests of those clients. If under 15.02 if a solicitor or firm of solicitors has acquired confidential information concerning a former client during the course of acting for that client, the solicitor or the firm must not accept the instructions to act against the client.

The normal prohibition against continuing to act and the possibility of an exception from it in exceptional circumstance is set out in the first few paragraphs of the following precedent letter to conflicted clients. The guidance in the Appendix requires the erection of an ethical wall (*) and that the following conditions must be satisfied before continuing to act:

3.1 both clients must have consented (if one does not, that must be an absolute bar to the firm from acting for either); 3.2 it must be in the client's best interests that the new firm continue acting despite the conflict of interest; 3.3 there must be no embarrassment to the solicitors, who must not favour one client to the detriment of the other; and under 3.4 The client must have the risks fully explained.

There are, inevitably, limitations on what I can do when acting for two clients.

If both clients wish us to act for them, I can accept instructions if the potential for conflict appears genuinely remote and both clients explicitly state that they wish us to continue, after recognising and acknowledging these difficulties. I ask from you, as a client in this situation, to make quite sure that you understand the risks and limitations, and to rise with us, any doubts or questions you may have before we start

b) As there has all ready being planning permission granted there's a more chance than not that the application will be successful. It should be stressed that the application is to extinguish the previous application. As the application was not granted to yourselves and not for the exact property that you wish to build you should reapply. In order to apply for planning permission you must apply to the relevant council. They will ordinarily supply you with an information pack on exactly what they require. Therefore what follows is a general guide only. A full planning application would usually include the following documentation: Application form, Certificate of Ownership of Land Site, Location Plan Plans and Elevations, and an
Application Fee.

In the application form you must supply the Name and address of Applicant. You can complete this form yourself or you may wish to employ an agent to do it on your behalf. If you decided to use an agent then supply their name, address, telephone number and e-mail address. All correspondence and negotiations concerning the application will be dealt with through the agent.

You will have to clearly describe the type of development you are proposing in the application. You will usually have to provide details of how you are going to deal with surface water and foul sewage. You must usually provide details of existing and proposed car parking spaces relating to your proposal.

Development can adversely affect retained trees, even trees that are located some distance from a new building. This is of primary importance when building in an orchard of course. If your proposal involves alterations to existing ground levels or excavations within the crown spread of a tree, you will usually have to submit these details with your application. This should include plans showing ground levels across the site and sections through the site.

You are strongly advised to seek advice from a Planning Officer before submitting your application for planning permission. You are strongly advised to speak to your neighbours about your proposal before submitting your application. The Council has a legal duty to notify neighbouring occupiers of land about planning proposals and it often helps speed up the consultation process if you have spoken to your neighbours first. Your proposal may affect neighbours and as such they may wish to make suggestions for improvements. These improvements may well benefit both you and them.

When you have completed the form and you are ready to submit your planning application, you must sign and date the declaration. The Certificate of Ownership of Land must accompany all planning applications submitted.

As regards the Site Location Plan you submit copies of an up-to-date site location plan, a site location plan is a map that shows the location and extent of your land and property and roads (including street names) in relation to the land and properties that surround it.

You should also supply detailed building drawings you should submit copies of both existing and proposed plans and elevations. The plans must show all elevations of the proposed building(s) on and next to the site. The existing and proposed plans should be to the same scale to make them easier to interpret and understand.

Application Fees Planning applications are subject to a planning fee. In a small number of cases a planning fee is not required.

Most new buildings and structures need to be checked for compliance with the Building Regulations. These regulations concern matters such as structural stability, suitability of materials, adequacy of daylight and ventilation, protection against damp, fire and noise and to secure proper drainage. Although it may not be necessary to submit an application for approval for certain small-scale works, you can check what you need to do with Building Control located on the second floor of Exchange Buildings, where you can also obtain the appropriate forms.

Extract 1 : Section-A
Extract 2 : Section-B
Extract 3 : Section-C

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