Category: Business

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Environmental Law and Planning

Environmental Law and Planning
Environmental Law and Planning

As we have become more aware of the impact of human behaviour on the environment, certain regulations have been put in place to limit harmful behaviours. One example is within planning and construction.

Planning

Planning refers to the way that we use our land, and how we control in which areas we can build and develop. It affects each of us to a greater or lesser extent. It might be that your local council intends to allow a new housing or business development in your area, or it may be that you wish to extend your house and require planning permission.

Planning permission

You do not actually need a solicitor in order to apply for planning permission. You can do it yourself, or you may find that your builder or architect will include the application in their services. If you have any concerns with regards to your planning application, or you wish to ensure that you are fully aware of any policy issues which may affect you, it would be wise to seek legal advice; you may find the assistance that you are looking for via the Free Legal Advice Centre.

If you are unsure how to go about applying for planning permission, or if you even need it, you can contact your local planning authority. A planning officer will normally be willing to arrange to discuss your development plans with you. They can, for example, let you know whether your development counts as a permitted development – in which case you will not require planning permission – or whether you should apply for outline planning permission or full planning permission.

Planning appeals

It may be the case that you are on the other side of the fence, so to speak. Whether it is a large development that is planned by the local council, or a construction company, or a relatively small change to your neighbour’s property, you have the right to object to a planning application.

In the case of a large development there are some key steps to follow to ensure that you write a clear and precise objection letter:

·         Thoroughly research the planning application

·         Be clear about your reasons for objecting –

o   Protected trees

o   Privacy/overlooking

o   Ground stability/drainage

o   Non-compliance with other council planning policies

·         Research previous decisions, e.g. typical reasons your council cites for refusing proposals.

This is not an exhaustive guide, by any means, but there are some great resources out there if you feel that any large development may contravene environmental regulations in some way.

If it is your neighbour’s planning application to which you wish to object, there are a few things worth bearing in mind:

·         Any potentially adverse effect on the value of your property is irrelevant

·         Being overlooked, overshadowed, or losing your privacy are grounds for complaint

·         Your objection will be more effective if you are not alone in officially lodging your opposition

·         Petitions, however, are irrelevant.

Anyone thinking of applying for planning permission should be prepared to consider the impact that their development may have on the local environment.

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How Do I Complain about a Solicitor vs a Barrister

The terms solicitor and barrister are sometimes used interchangeably by the public to mean the same thing. This is a mistake that can lead to problems later on in the legal process. Solicitors and barristers perform two different sets of legal services. Knowledge of who does what can protect the public from issues of solicitor professional negligence and complaints against members of the legal profession.

Barristers are primarily engaged to argue cases in court or before a tribunal. They have the skills and expertise necessary acquired through their training to conduct in depth research and carry out keen analytical, detailed analysis. This gives them the resources and confidence necessary to represent clients and to speak confidently and convincingly on their behalf. It is a very competitive field and so it is necessary to be very conscientious and motivated in order to be successful.

Barristers are usually self employed. There are a few who are contacted to firms, organisations, law firms and public service entities. Most Barristers work in sets. This is a group of of barristers who work together. In most cases, they share services and expenses such as practice managers and rental of premises. They are not employed by the set, they are considered as a tenant of the set. The set is maintained through contributions of the barristers in the group.

A solicitor on the other hand, provides legal services directly to their clients. They are able to represent a wide sphere of individuals, including businesses, individuals, private and public institutions. They are qualified to give advice on legal requirements of a case and all the information necessary for the case, from the inception of the matter until its conclusion. There are some circumstances under which a solicitor may instruct a barrister. This happens if the need should arise for advocacy or if and when a specialist opinion is required.

There are different organisations that are responsible for governing solicitors and barristers. In the UK the professional body that regulates the conduct of solicitors is the Solicitors Regulation authority. The Law Society of England and Wales oversees all matters pertaining to solicitors. The barristers  professional body is the Bar Council. All matters of conduct and ethics are administered by the Bar Standards Board.

It is important for clients to understand the intricacies of the legal system and the difference between a solicitor and a barrister. In most cases barristers are able to represent their clients in courts and carry out any necessary advocacy work on their behalf. Solicitors often do the  initial preparation and research.

In most instances, you will find that cases begin and end with a solicitor. This is because in cases that end up being settled out of court the solicitor does all the work before the case goes to court hands it over to the barrister and then completes the out of court settlement phase as well.

If you suspect you may have grounds for a solicitor review, visit SOS Claims today.

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Lawyers for Employers

When my friends Linda and Michael were thinking about starting their own landscaping business, I encouraged them to hire a lawyer that would be able to be their official “business lawyer” that could help them with all aspects of running a business. A good business lawyer can help them decide whether to incorporate (and which kind of incorporation is the best one for the business, and can act as the employer’s representation when it comes to matters involving employees and the law. I hope they take my advice and don’t try to do everything by themselves! Sometimes being penny-wise is being pound-foolish!

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Social Security verification

Social Security (free clip art)
Social Security (free clip art)
With there being so many illegal aliens in our country now, a lot of business owners are beginning to do a Social Security Number Trace to make sure that the number they are supplied with is actually the persons that gave it to them. I think it’s a great tool and can not only help employers but can protect you too from having someone else use your Social Security number.

You know, it might even help employers keep from getting in trouble by hiring illegal aliens. Something needs to be done and this is just one more tool to help.

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The printing industry

Earlier this month I was talking with Uncle Dave, who is a retired bookbinder. He was telling me about how he used to work for a book publishing company, and his job was to apply glue to the bindings of the books. I wish I had asked him for more details about the job because now I find myself wondering if he actually applied the glue by hand with a brush, or if there was any kind of machinery involved to help him with the application process. I wonder what his reactions would be if I showed him the web to print storefront business website that I found that does so much of the work digitally and mechanically that used to be done by hand. Progress can be bittersweet sometimes. The conveniences are great, but sometimes the workforce has trouble adapting, and a lot of people end up underemployed, and that can cause a lot of hardship if the workforce is not properly retrained. Thankfully my Uncle Dave is retired, and not looking for a job, so that has not had a negative effect on him.