News & Events

PEBA Webinar: ‘DCOs a practitioner’s insight’

We are delighted to announce that Robbie Owen of Pinsent Masons has kindly agreed to give a webinar to PEBA members looking at the DCO regime. He will address around 10 ways in which the regime is different from the TCPA and/or has particular characteristics. There will be time for questions afterwards.

The webinar will take place at 17.30pm on the 13th of October.

As many of you will know, Robbie is a partner of Pinsent Masons and leads their infrastructure planning and government affairs practice in the UK. He is also a Roll A Parliamentary Agent. He specialises in planning and environmental aspects of public and administrative law and advises on a wide range of UK infrastructure and economic development programmes and projects – from policy formulation and the drafting and passage of legislation to obtaining statutory powers and consents for nationally significant and other major infrastructure projects. His main focus over his career has been the statutory authorisation of UK infrastructure projects via a number of different regimes including private and hybrid bills, harbour orders, Transport and Works Act orders and development consent orders. He founded the National Infrastructure Planning Association (NIPA) in 2010, of which he is a Board Director and its secretary.

Members can register for the webinar by following clicking here.

New Planning and Public Law Mentoring Scheme for Underrepresented Groups at the Bar

Please find a copy of the Mentoring Scheme Press Release here.

PEBA Planning and Environmental Law ‘Nuts and Bolts’ Webinar Series: Recordings

Between January and July 2021 PEBA are running a fortnightly webinar series.

If you missed a webinar, or would like to re-watch a particular recording, you can do so here. Each webinar lasts for approximately 30-40 minutes. Please click your preferred title below to view the recording:

1. 27th January – Introductory Topic – Dr Ashley Bowes (recording available soon)
2. 10th February – Decision Making – Victoria Hutton
3. 24th February – Development Plans – Martin Carter
4. 10th March – Enforcement – Anabel Graham Paul (recording available soon)
5. 24th March – The Market (Clients) – Jonathan Easton
6. 7th April – CPO and Land Compensation – Tim Mould QC (recording available soon)
7. 21st April – Housing Land Supply – James Corbet Burcher (recording available soon)
8. 5th May – Hearings & Inquiries – Sasha White QC
9. 2nd June – Commercial Aspects of Planning – Charlie Banner QC (recording available soon)
10. 16th June – Rights of Way – Ruth Stockley

If you are interested in joining an upcoming webinar, you can view a list of dates and subjects by clicking here. The webinars will take place on Zoom. Details will be circulated a few days prior to each webinar. The sessions will be recorded.

Could anyone wishing to attend these upcoming webinars, please also sign up to the PEBA ‘Nuts and Bolts’ Webinars mailing list. To sign up, please email Victoria Hutton, by clicking here.

PEBA Webinar “Virtual Events:  Experience to Date and the Road Ahead”

For those who were unable to attend to the live event, the PEBA webinar “Virtual Events:  Experience to Date and the Road Ahead” can now be downloaded here.

Featuring presentations by PINS from Rebecca Phillips (Professional Lead for Planning Appeals), Jerry Youle (Professional Lead for Local Plans) and Peter Rose (Inspector), the webinar covers some of the lessons that have been learnt about remote events over the past year, Inspector’s tips for advocates on how to manage remote inquiries, and an update on the work which PINS is carrying out on the future of remote events, post-pandemic.  Jerry Youle also provides a wider view on the process of local plan examination, and the implications of proposed reforms in this area.

Ministry of Justice Consultation

PEBA has responded to the attest round of consultation by the Ministry of Justice on the future of judicial review.  A copy of the response can be found here.

PEBA November Webinar – On Demand Recording

PEBA are delighted to include below a recording of the ‘Advocacy in the Planning Court’ webinar, which was presented by Mrs. Justice Lieven.

You can view the recording here.

Module Duration: 56 minutes.
This is a Complimentary Module. To view, please read and tick the below T&C’s button then continue to the “Buy Now” button.

Independent Review of Administrative Law

PEBA’s response to the Independent Review of Administrative Law can viewed here

PEBA Response to the White Paper Consultation

PEBA has produced a consultation response to the Government’s White Paper, Planning for the Future.

The deadline for submitting responses was 29^th October 2020 and our paper can be found here

Pupil and Junior Barristers – Online Training

Over the last month or so, we have been offering Pupil and Junior Barristers, online training courses. Please find below all of the recordings/presentations for your use:

• Please click here for the YouTube recording of Advocacy at Planning Appeals. This event was chaired by Tom Cosgrove QC of Cornerstone Barristers with presentations from Ian Tant, former president of the RTPI and Robert Walton QC of Landmark Chambers.
• Please click here for a copy of the PowerPoint presentation presented by Peter Rose of the Planning Inspectorate in Week 1 of the PEBA pupil training.
• Please click here to view the recording of the events at which Mr Justice Holgate provided advice on advocacy in the Planning Court.
• Please click here to view the recording of the first lecture in our PEBA pupil training, given by Peter Rose of the Planning Inspectorate.

COVID-19

In respect of the impact of the Covid-19 virus, the PEBA Committee has submitted 3 documents to the Planning Inspectorate which suggest a potential way forward towards holding some hearings and simple inquiries remotely. It will be for the Planning Inspectorate to decide whether that is a possibility and if so, how it might be implemented.

The documents can be found below:

PEBA Coronavirus Way Forward 
PINS Procedure Note
Video Conferences – Technical Note

Leading Planning Cases Authority Book

As many of you will know, for some time now PEBA has been in discussion with the Planning Court about the production of a core volume, or bundle containing the most frequently cited planning cases. I am delighted to announce that this project has finally come to fruition, with the publication by the ICLR of the Leading Planning Cases Authority Book.

Whilst I have no doubt that everyone will be able to name at least one additional case they think should have been included, the cases selected have been chosen in close consultation with members of the Planning Court (notably Mr Justice Holgate) and Lord Justice Lindblom. Some of the well-known High Court decisions which have not been included are, of course, referred to and endorsed in more recent Court of Appeal authorities such as Mansell v Tonbridge & Malling.

The Planning Court is taking steps to ensure that all judges in the Planning Court have access to a copy of the book, in the expectation that, from 1 January 2020, it will become a standard reference work which reduces the need for the repeated, one-use-only photocopying of judgments for inclusion in the bundles of authorities in individual cases. It will also ensure that the court has cited to it the preferred reports of these cases, in accordance with Practice Direction (Citation of Authorities) [2012] 1 WLR 780.

It is not yet known whether the Planning Court will issue specific guidance on how the book should be used. In the meantime, however, Mr Justice Holgate has indicated that:

• An advocate leaving authorities out of bundles will need to make sure that opponents appreciate that the book is being relied upon.
• An advocate should make it clear in his, or her skeleton that the book will be cited and should give the usual citation references for the cases, plus the relevant internal pagination within the ICLR book.
• An advocate will also need to think about supplying copies of the authorities to a litigant in person. Alternatively, the advocate could lend a copy of the book to that party.

PEBA strongly encourages all members to use the book wherever possible. Copies can be obtained from the ICLR for £95 (or £90 per volume if buying 10 or more). Details can be found at https://www.iclr.co.uk/planningcases/.

PEBA would like to express its gratitude to Richard Ground QC and Ashley Bowes for their hard work in bringing this about.

Women in Planning

For those interested in news and events relevant to Women in Planning, please click here to be referred to their website.

Rosewell Review into Planning Inquiries

The PEBA Questionnaire Response and PEBA Response documents are available to view.

To view the PEBA Questionnaire Response, please click here

To view the PEBA Response documents, please click here

New guidance on presenting Expert Evidence as a Planner at planning appeals

The RTPI and PEBA have collaborated on new expert evidence advice.

To view the document, please click here

Consultation Response

PEBA has replied to the Consultation Paper from the Queen’s Counsel Appointments Scheme.  The response can be viewed here.

PEBA response to consultation on the draft NPPF

PEBA has recently responded to the public consultation being held by MHCLG on the draft revised National Planning Policy Framework.

A copy of the covering letter can be viewed here, and the consultation response can be viewed here.