Alan Evans


Alan Evans

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
Gary Smith
Mark Ronson

Profile

Alan specialises in planning, town and village greens/commons, highways, public rights of way, road traffic regulation and compulsory purchase orders. 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/commons. 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

Planning

Alan has a wide-ranging planning practice on both the advocacy and advisory side. He has been involved in numerous significant planning inquiries for all kinds of development and has recently built up an expertise in oil and gas development, representing Lancashire County Council in important, controversial and high-profile fracking inquiries in 2016 and 2018 and North Lincolnshire Council in an inquiry into onshore oil production in 2017. Alan has considerable experience of the full range of planning procedures including section 78 appeals (both inquiries and hearings), called-in applications, enforcement appeals, local plan examinations and judicial review. He acts for developers and local authorities.

 

Recent Significant Reported Cases

Kebbell Developments v Leeds City Council [2018] EWCA Civ 450 (Court of Appeal): local planning authorities’ post-examination powers of modification of neighbourhood plans.

Thornton Hall Hotel Limited v Wirral MBC [2018] EWHC 560 (Admin): time limits for judicial review in planning 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 neighhourhood plans can make allocations.

 

Town and village greens/commons

Alan has great experience of town and village green applications as well as undertaking 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. In 2018 Alan acted as an inspector for Cumbria County Council in relation to an extremely contentious and vigorously opposed proposal by the Ministry of Defence to de-register extensive areas of common in the North Pennines forming the Warcop Training Area.

 

Recent Significant Reported Cases

Naylor v Essex CC [2014] EWHC 2560 (Admin): 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. He has appeared in definitive map modification order inquiries (both promoting and objecting), stopping up cases (both inquiries and magistrates’ court hearings) and inquiries into road traffic regulation orders. Alan has an extensive advisory practice in this specialist field.

 

Recent Significant Reported Cases

Roxlena Limited v Cumbria County Council [2017] EWHC 2651 (Admin): precision required of definitive map modification order applications; scope of investigative duty of surveying authority; when evidence is “discovered” and scope of authority’s free-standing duty to modify; and standard of proof in making orders.

 

Compulsory purchase

Alan has significant experience in promoting compulsory purchase orders.

 

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).


Recomendations

Chambers UK 2019

"His knowledge is extensive and his advice is always detailed and technically precise." "He has a very intimate knowledge of planning law."

Legal 500 2019

"A very conscientious and thoughtful barrister."

Chambers UK 2018

"Very diplomatic and good at dealing with sensitive issues." "Approachable and attentive to detail."

 

 


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