Planning law

This area of law deals with all aspects of land use that are subject to the planning system. The work covers the range of issues involved in the planning process, including legal principles, judicial authority and national, regional and local policy and guidance.

A planning law barrister’s work

Typical work for a barrister in this area will be to appear at planning inquiries at appeals, either representing the local planning authority or the developer. Planning inquiries may be short, lasting a day or a few days, or if the inquiry involves a major development proposal it may take several weeks or more.

Planning law barristers will also appear in the High Court in relation to challenges to the decisions of planning inspectors or the local planning authority. These can be appealed to the Court of Appeal and House of Lords. A number of planning challenges, particularly those interconnected with environmental law and human rights, have been taken to the European Courts. Planning enforcement proceedings will generally be heard in the magistrates’ or Crown Courts. Practice in this area requires the ability to process detailed information and to marshal expert and factual evidence. A planning appeal may involve the resolution of a single issue or a wide range of issues involving a team of experts on both sides. Cases are generally booked some way in advance and not usually at the last minute. Planning inquiries are held across the country and so can involve staying away for long periods on occasion.

You are likely to come across numerous acronyms in practice at the planning law Bar. Some refer to recent changes to the development planning process, such as RSS (regional spatial strategy), LDF (local development framework) and DPD (development plan document), which all relate to regional and local planning. Also commonly used is the acronym EIA (environmental impact assessment), which is necessary for developments that meet certain criteria. There are also acronyms associated to requirements arising from European law, such as SEA, SA and AA (strategic environmental assessment, sustainability appraisal and appropriate assessment).

What’s new in planning law?

There have been various recent legislative developments relating to planning law, mostly in connection with large infrastructure projects and development plans. Planning law often gives rise to media coverage, with typical high-profile issues including major infrastructure proposals, housing in the green belt, and gypsy and traveller encampments in the countryside.

Is planning law recession-proof?

Although major housing developments and some infrastructure proposals may be affected by an economic downturn, the impact on planning law areas relating to enforcement and public sector proposals tends not to be significant and legal challenges to decisions continue. Smaller development schemes, whether private or public sector, are also generally more resistant to a recession.

Planning law pupillages

A pupil in this area would generally attend planning inquiries and court hearings with their pupil supervisors or other members of chambers. They would be involved in all areas of chambers’ work, including drafting proceedings and opinions. In their second six they may be instructed in their own right in short planning inquiries or enforcement matters. However, during pupillage this is not likely to be on a frequent basis, although there are some opportunities to gain experience with pro bono organisations.

Types of law practised

Compulsory purchase.
• Environmental.
• Human rights.
• Local government.
• Planning.
• Public.

Saira Kabir Sheikh is a barrister at Francis Taylor Building, a specialist planning and environmental set. She has masters degrees in law from the University of London and Lewis & Clark Law School in the US, and was called to the Bar in 2000.