Over the last year PEBA and the Planning Inspectorate have worked together to revive a Marshalling Scheme which enables pupils or very junior barristers who are PEBA members to spend some time with an Inspector at an inquiry – much as barristers do with the judiciary.
The Scheme has proved very beneficial and PEBA would like to thank the Inspectorate for all its work in setting up and operating the scheme. As well as the Inspectors and case managers concerned, Richard Schofield (the Chief Planning Inspector) and David Morgan ( Professional Lead Planning Appeals) have been instrumental in making this happen and PEBA is immensely grateful for their assistance.
The scheme is ongoing and has allowed junior members from nearly all the main PEBA sets to experience time with a planning Inspector.
Two of those who have been Marshalls have set out a summary of their time marshalling below:
Stephanie Bruce-Smith
Pupil at Francis Taylor Building
Observing an inquiry from the Inspector’s perspective as part of the PEBA marshalling scheme provided a valuable insight into an inspector’s multi-faceted and challenging role.
On the opening day of the Inquiry, the Inspector had to grapple with issues ranging from venue acoustics to diffusing tensions among members of the public. The site visit was also an insight into the Inspector’s role outside of that we usually see as barristers: shepherding a large group of representatives from all parties along busy streets, and politely but firmly informing parties – repeatedly – that she could not listen to any representations.
Juggling people-management, event-management and time-management, the Inspector’s response to the question how we, as barristers, can be of most assistance to an inquiry was perhaps unsurprising: be flexible, avoid repetition and provide practical assistance where possible.
Of particular interest was the Inspector’s view on the central role of the public – both in terms of ensuring public participation and in bringing to light issues that may be overlooked by expert evidence. Whilst the Inspector emphasised the positive and valuable role barristers played in testing evidence at an inquiry, the experience was a useful reminder that, at planning inquiries, barristers are part of a wider process – not the key players.
Sam Kharabanda Groom
Pupil at Cornerstone Barristers
In March 2023 I was lucky enough to shadow Inspector Stephen Wilkinson during the first two days of an inquiry in Rochester. The proposal was to build a winery building on an existing vineyard, designed by Foster + Partners and including a café/restaurant and a visitor centre. I certainly enjoyed being a fly on the wall. In my two days, I heard the opening submissions, comments from members of the public, a round-table session focussing on transport issues, and the examination-in-chief and cross-examination of Medway Council’s landscape witness.
Shadowing the Inspector involved sitting and conversing with him in his retiring room before and after sessions. The retiring room was usually used as a bride’s dressing-room when the venue hosted weddings, which made for a novel venue.
The Inspector was welcoming and forthcoming about his experiences in the planning system over the years. It was fascinating to hear his thoughts on certain current issues in planning, although on some matters he would quite rightly not be drawn! And comparing our thoughts on the appeal as it unfolded, such as how useful the different styles of advocacy were, was an education.
I was sad not to see more of the inquiry but I was and remain immensely grateful to the Inspector and to PEBA for this opportunity. My understanding of planning appeals has deepened. I would wholeheartedly recommend such an experience to anyone who can afford to take a few days out of their pupillage or practice.