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Property, planning and environmental law are three distinct but overlapping areas of law. We both came to the Bar with limited experience in these areas but have found the variety they offer extremely interesting and rewarding. Ultimately, the work we do is about the built environment and it is common for issues from one area to crop up in another.
Property law is primarily about private law disputes around the use and occupation of land. Planning law, however, is concerned with the public regulation of the use and development of land, and the delivery of infrastructure. Environmental law is about the regulation of the environment, concerned with aspects such as air pollution, ecology, heritage and flooding. It is a particularly interesting legal regime that engages both domestic and international legal instruments.
Planning and environmental law overlap in that the use and development of land nearly always have environmental impacts. One such example is the development of a high-rise housing block near a wildlife area, which may have environmental impacts because it leads to additional traffic movements near the wildlife site. They also have a large public law element, given that they engage the intersection between private interests, the public interest and decision-making by public officials. In each of these areas, barristers have the chance to help make the built environment and actually see the effect of their work on the world around them.
Within a two-week period, practitioners in these areas can find themselves acting for a developer or council on an appeal against a refusal of planning permission for a new housing development in a week-long planning inquiry, appearing in the High Court in an urgent two-day injunction hearing acting in relation to environmental protests (dealing with both private and public law), advising the Environment Agency in respect of environmental prosecutions in the Magistrates Court, and appearing in the County Court in a boundary dispute.
As with pupillages in most areas, competition is strong. Intellectual ability is a given and candidates must come equipped with the key legal skills of legal analysis and research. We, however, look for a broader range of core skills and personal attributes that are required for success in these areas of the Bar.
The most important of these is effective oral communication – barristers are advocates. You can only succeed in influencing and persuading your client team and, ultimately, your tribunal if you communicate clearly and persuasively. A large part of your role will involve cross-examination or responding to questions from judges, so this includes being able to think on your feet. Advocates in these areas often engage with technical evidence in forms such as surveyors’ reports, air quality reports and transport assessments. Whilst practice does not require a science or technical background, it is important that barristers are able to not only grasp such material quickly, but are able to explain complex issues in a readily understood way.
Next is the ability to work as part of a team, potentially over a lengthy period of time. Although much of your time at the Bar is spent working independently, many cases require you to work closely with a team which may include expert witnesses, planning consultants, campaigners, neighbourhood groups and solicitors. It is your job to lead and bring this team together to present a compelling case.
Commercial awareness is also important. Being a successful barrister is about more than knowing the law. Your clients have real goals, whether these involve getting something built, or protecting the value of their property interest. They will always require you to put the law in its practical context to help them understand their prospects of success.
There is no expectation that you will arrive as the final product. Chambers will look for someone with a demonstrated interest in their work, along with evidence of the core skills in whatever context and the potential to develop them.
In property law, you can show this through your academic choices, such as specialist modules or a thesis in a topical area. It is understood that this may be more difficult in planning and environmental law, as these subjects are not often studied as part of a law degree. These areas are, however, closely related to public law including judicial review; and part of what makes them so interesting is their influence on major topical issues, such as environmental protests, the housing crisis (with a particular focus on affordable housing), leasehold reform, air quality, climate change and public infrastructure provision. You can easily read into these subjects, enter essay competitions, watch court cases online, or attend court hearings, planning inquiries and planning committees to see how these legal areas operate in practice.
You can also undertake mini-pupillages with the specialist sets. Take the opportunity to get on your feet by entering mooting competitions often held by universities, the specialist sets and the Inns of Court. Gain advisory and advocacy experience through working for the Free Representation Unit or Advocate. Finally, connect with practitioners in this area on platforms such as LinkedIn and X (formerly Twitter).
For those from underrepresented backgrounds, the 10,000 Interns Foundation and Bridging the Bar offer work experience opportunities and the Planning and Environmental Bar Association runs an excellent mentoring programme.
We hope this helps and we wish you the best of luck with your applications!
Scott Lyness KC is Chair of the Pupillage Committee at Landmark Chambers. He specialises in all aspects of planning law. His practice includes providing strategic advice to guide large-scale development proposals through the consent process, as well as preparing for and appearing at major planning inquiries.
Joel Semakula is a barrister at Landmark Chambers specialising in Planning, Property and Environmental law. He also works with students as the Programme Director for the Gray’s Inn Griffin Access Programme.
Property, planning and environmental law are three distinct but overlapping areas of law. We both came to the Bar with limited experience in these areas but have found the variety they offer extremely interesting and rewarding. Ultimately, the work we do is about the built environment and it is common for issues from one area to crop up in another.
Property law is primarily about private law disputes around the use and occupation of land. Planning law, however, is concerned with the public regulation of the use and development of land, and the delivery of infrastructure. Environmental law is about the regulation of the environment, concerned with aspects such as air pollution, ecology, heritage and flooding. It is a particularly interesting legal regime that engages both domestic and international legal instruments.
Planning and environmental law overlap in that the use and development of land nearly always have environmental impacts. One such example is the development of a high-rise housing block near a wildlife area, which may have environmental impacts because it leads to additional traffic movements near the wildlife site. They also have a large public law element, given that they engage the intersection between private interests, the public interest and decision-making by public officials. In each of these areas, barristers have the chance to help make the built environment and actually see the effect of their work on the world around them.
Within a two-week period, practitioners in these areas can find themselves acting for a developer or council on an appeal against a refusal of planning permission for a new housing development in a week-long planning inquiry, appearing in the High Court in an urgent two-day injunction hearing acting in relation to environmental protests (dealing with both private and public law), advising the Environment Agency in respect of environmental prosecutions in the Magistrates Court, and appearing in the County Court in a boundary dispute.
As with pupillages in most areas, competition is strong. Intellectual ability is a given and candidates must come equipped with the key legal skills of legal analysis and research. We, however, look for a broader range of core skills and personal attributes that are required for success in these areas of the Bar.
The most important of these is effective oral communication – barristers are advocates. You can only succeed in influencing and persuading your client team and, ultimately, your tribunal if you communicate clearly and persuasively. A large part of your role will involve cross-examination or responding to questions from judges, so this includes being able to think on your feet. Advocates in these areas often engage with technical evidence in forms such as surveyors’ reports, air quality reports and transport assessments. Whilst practice does not require a science or technical background, it is important that barristers are able to not only grasp such material quickly, but are able to explain complex issues in a readily understood way.
Next is the ability to work as part of a team, potentially over a lengthy period of time. Although much of your time at the Bar is spent working independently, many cases require you to work closely with a team which may include expert witnesses, planning consultants, campaigners, neighbourhood groups and solicitors. It is your job to lead and bring this team together to present a compelling case.
Commercial awareness is also important. Being a successful barrister is about more than knowing the law. Your clients have real goals, whether these involve getting something built, or protecting the value of their property interest. They will always require you to put the law in its practical context to help them understand their prospects of success.
There is no expectation that you will arrive as the final product. Chambers will look for someone with a demonstrated interest in their work, along with evidence of the core skills in whatever context and the potential to develop them.
In property law, you can show this through your academic choices, such as specialist modules or a thesis in a topical area. It is understood that this may be more difficult in planning and environmental law, as these subjects are not often studied as part of a law degree. These areas are, however, closely related to public law including judicial review; and part of what makes them so interesting is their influence on major topical issues, such as environmental protests, the housing crisis (with a particular focus on affordable housing), leasehold reform, air quality, climate change and public infrastructure provision. You can easily read into these subjects, enter essay competitions, watch court cases online, or attend court hearings, planning inquiries and planning committees to see how these legal areas operate in practice.
You can also undertake mini-pupillages with the specialist sets. Take the opportunity to get on your feet by entering mooting competitions often held by universities, the specialist sets and the Inns of Court. Gain advisory and advocacy experience through working for the Free Representation Unit or Advocate. Finally, connect with practitioners in this area on platforms such as LinkedIn and X (formerly Twitter).
For those from underrepresented backgrounds, the 10,000 Interns Foundation and Bridging the Bar offer work experience opportunities and the Planning and Environmental Bar Association runs an excellent mentoring programme.
We hope this helps and we wish you the best of luck with your applications!
The Chair of the Bar reports back
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