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 The Role of the Planning Barrister
November 2011

If you intend to lodge an appeal relating to a complex or controversial scheme, it is possible that it might be processed as a Public Inquiry.  If it does, you will need appropriate legal representation.  As a Chartered Town Planner, Rob Duncan can not only act on your behalf preparing quality appeal statements and proofs of evidence, but can also instruct Planning Baristers directly without you having to involve a Solicitor. 

 

The Planning Barrister plays a very important role in the processing of a Public Inquiry.  They will first of all review the case, identify the need for professional witness (e.g. Planning Consultant, Ecologist etc) and advice on the preparation of a Rule 6 Statement. A Rule 6 Statement sets out the key strands of the appellents case for approval (or Council's case for refusal).  The Barrister then plays an important role in srutinising the proof of evidence prepared by the professional witnesses.  On the day of the inquiry (or days... the inquiry into Heathrow Terminal 5 took 525 days!!) the Barrister will lead the professional witness through their evidence, and then cross-examine the Council's witnesses.  The scheme is not dissimilar to that of a legal trial.  A Barrister can also provide you with general planning advice at any stage of a project if there is some element of case law which requires clarification or opinion. 

 

Rob Duncan Planning Consultancy provides specialist town and country planning advice to landowners, householders and developer's alike, and specialises in the West Midlands and Staffordshire area, including Lichfield, Walsall, Birmingham, Sutton Coldfield, Burton-on-Trent, Stafford, Tamworth, Leek, and the rural areas inbetween.  If you need help applying for planning permission, have had planning permission refused, or just want some general planning advice, please do not hesitate to contact us. 

 

Rob Duncan Planning Consultancy