Alan Evans


Planning

Manchester

36 Young Street, Manchester, M3 3FT
DX: 718188 MCH 3
Direct Dial: 0161 832 9082

Leeds

5 Park Square, Leeds, LS1 2NE
DX: 713113 LEEDS PARK SQ
Direct Dial: 0113 242 1123

Birmingham

Embassy House, 60 Church Street,
Birmingham, B3 2DJ
DX: 13023 BIRMINGHAM
Direct Dial: 0121 200 3570

Clerked by:
William Brown
Mark Ronson


Planning

Alan has a wide planning practice on both the advocacy and advisory side. He has been involved in numerous significant planning inquiries for all kinds of development, including housing, shopping, employment, leisure, windfarms, minerals and waste. Alan represented Lancashire County Council in an important, controversial and high profile fracking inquiry (the first of its kind) in February-March 2016. He has considerable experience of the full range of planning procedures including section 78 appeals (both inquiries and hearings), called-in applications, enforcement appeals and local plan examinations. Alan is an experienced judicial review practitioner in this area.  He acts for developers and local authorities.

Significant Reported Cases

Samuel Smith Old Brewery (Tadcaster) v Selby DC [2015] EWCA Civ 1107 (Court of Appeal) – whether the plan-making duty to co-operate applies after submission of a plan for examination

Larkfleet v Rutland County Council [2015] EWCA Civ 597 (Court of Appeal) – whether neighbourhood plans can make allocations

UK Coal Mining Limited v Secretary of State for Communities and Local Government [2014] JPL 14  - interpretation of minerals policy in relation to open cast coal mining

The Co-operative Group v Northumberland CC [2010] Env LR 40 – the approach to screening opinions for the purposes of environmental impact assessment

Manning v South Lakeland DC [2005] JPL 1646 – the approach to material change of use through intensification

Wilkinson v Rossendale BC [2003] JPL 82 – the approach to 73A of the Town and Country Planning Act 1990 in respect of applications for retrospective planning permission

Staffordshire CC v NGR [2003] JPL 56 (Court of Appeal) – the approach to be taken to inconsistent planning permissions

R v Derbyshire CC, ex p Murray [2003] QB 503 (Court of Appeal) – the approach to relevant objectives for the purpose of deciding planning applications for waste disposal

Bolton MBC v Jolley [1989] 1 PLR 97 (Court of Appeal) – the requirements of a valid notice claiming expenses for works to a listed building undertaken by a council.

Town and village greens

Alan has great experience of town and village green work and also undertakes commons work. In addition to his advocacy and advisory practice, Alan often acts for registration authorities in the role of an independent inspector holding non-statutory inquiries into applications for new greens followed by the production of careful and thorough reports with clear recommendations.

Significant Reported Cases

Naylor v Essex CC [2015] JPL 217 - whether use can be “as of right” where privately owned land is managed by a local authority

Norbrook Laboratories Ltd v Carlisle CC [2013] EWHC 1113 (Admin) - whether public rights of access to common land survive the extinction of rights of common.

Highways, public rights of way and road traffic regulation

Alan has a broad expertise across the totality of these related areas. His wide experience here has included the promotion of road schemes for both the Highways Agency (as was) and local authorities at inquiry, appearance in definitive map modification order inquiries (both promoting and objecting), appearance in stopping up cases (both inquiries and magistrates’ court hearings) and appearance at inquiries into road traffic regulation orders. Alan has an extensive advisory practice in this specialist field.

Compulsory purchase

Alan has significant experience in the compulsory purchase area. He has promoted several compulsory purchase orders at inquiry and has appeared in a number of tribunal compensation cases. His practice in this field also includes advisory work.

Significant Reported Cases

Bhattacharjee v Blackburn with Darwen BC [2002] RVR 55 – limitation in connection with compulsory purchase compensation.

 


Profile

Alan specialises in planning, town and village greens, highways, public rights of way and road traffic regulation and compulsory purchase. He has extensive experience and expertise across these areas and his practice embraces the full range of inquiry and hearing processes, a significant judicial review component and the role of an inspector in relation to town and village greens. In addition to advocacy, Alan also has a wide-ranging advisory practice in his specialist fields. Alan acts for both the public and private sector and accepts licensed access work.

Year of Call: 1978


Areas of Expertise
  • Planning
  • Town and village greens
  • Highways, public rights of way and road traffic regulation
  • Compulsory purchase

Memberships

Planning and Environment Bar Association

Administrative Law Bar Association.

Appointments

Former Junior Counsel to the Crown (Provincial Panel) (2000-2013)

Former member of the Panel of Legal Assessors for the General Medical Council (2002-2014)

Former Lecturer in Law at Manchester University (1978-1985).

 
Qualifications

MA LLB (Cantab) (both first class honours).

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