Planning reform threat for the Bar but energy work gets boost
Planning barristers could be hit by radical new plans from the Government to speed up the development of big infrastructure projects in the UK.
May 30, 2007 at 11:58 PM
3 minute read
Planning barristers could be hit by radical new plans from the Government to speed up the development of big infrastructure projects in the UK.
The Government unveiled its proposals to overhaul the planning system in a White Paper last week (21 May), with the most significant change being the creation of an Independent Infrastructure Planning Commission to determine proposals for major infrastructure projects, including transport, waste and energy.
The creation of the commission means major projects, such as Heathrow Terminal 5, should be approved over a nine-month period by the body rather than being dragged through lengthy public enquiries lasting several years.
This means that there is likely to be a reduction in work for barristers during the planning process for major infrastructure projects.
Lovells planning partner Claire Dutch told Legal Week: "I would imagine barristers will be squeezed out slightly as the idea is for public inquiries to become less legalistic and lengthy cross-examinations from counsel may not be tolerated."
John Litton, a member of planning set Landmark Chambers, played down the impact of the changes. He said: "I am not unduly worried. If it comes through in this form then there may be a reduced role for barristers in major infrastructure enquiries but there are not that many major infrastructure projects. It is very much the tip of the iceberg – major infrastructure projects do not comprise the bulk of public enquiries."
The development comes as planning lawyers prepare for a surge in nuclear energy-related planning projects with a separate White Paper announced last week paving the way for nuclear power plants to be built in the UK.
Combined with the planning proposals, the consultation on nuclear power means plans to develop nuclear plants could get a quick passage through the new independent planning commission.
The consultation has already gifted Herbert Smith a major instruction from French energy giant EDF, which has announced plans to build four or five nuclear power plants across the UK. The firm is a long-standing adviser to the company but it is understood to be the first time the firm's planning and real estate teams have advised the company. Other firms are hoping to pick up similar instructions.
Matthew White, a planning partner at Herbert Smith, told Legal Week: "This will make a big difference for new projects like nuclear. Nobody has built a nuclear power station for years and now everyone will be getting to grips with the consent process."
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