Jack Barber

Call: 2019

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Jack Barber
George Regan, Senior Practice Manager
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Jack Barber specialises in planning, environmental and public law, with a particular focus on major residential, commercial, and infrastructure projects.

Ranked among the top-rated planning juniors under 35 (Planning Law Survey 2024, 2025), Jack is known for providing clear, strategic, and commercially focused advice to help clients unlock development potential and navigate planning risk.

He is a member of the Attorney General’s Junior Counsel to the Crown (‘C’ Panel).

Generally, his instructions concern projects raising issues at the forefront of national policy, from building housing to accelerating the net zero transition and protecting valued landscapes and heritage assets. His clients include housebuilders and infrastructure providers, as well as authorities, housing providers, community groups and individuals. His work often concerns planning applications, appeals, statutory challenges, and judicial review proceedings.

He contributes regular case commentary to the Journal of Planning and Environmental Law.

Professional background

Jack brings a unique combination of public sector, private sector, and policy experience to his planning law practice, with a particular focus on understanding the commercial and strategic drivers behind development projects.

  • Before coming to the Bar, Jack worked as a researcher for Dr John Stanton’s monograph Law, Localism and the Constitution, developing expertise in the constitutional and legal relationship between central and local government. This perspective informs his strategic understanding of navigating local authority decision-making.
  • He also worked as lead paralegal at the Infected Blood Inquiry, assisting with investigations into government decision-making processes at the highest level.
  • Earlier in his career, Jack was selected as Hanover Communications’ inaugural Mackay Award recipient. Working within Hanover’s government and public affairs team, he advised multinational clients on political, regulatory, and reputational issues affecting major infrastructure, environmental, and public service outsourcing projects. This commercial consultancy background gives Jack a clear understanding of common wider commercial objectives and the wider political and reputational contexts in which planning decisions are made.
  • During his legal studies, Jack was a legal volunteer in Islington Law Centre’s housing team, where he supported a solicitor’s advice clinics. He also represented school pupils in school exclusion hearings via the School Exclusion Project.

Expertise

  • Planning and Environment

    Development Management and Enforcement: The bulk of Jack’s practice relates to development management and planning enforcement. He is consistently ranked as one of the top-rated planning juniors under 35 (Planning Law Survey, 2024, 2025).

    Jack’s planning practice focuses on supporting clients to secure planning permission for major residential and mixed-use schemes and deliver infrastructure projects including energy and grid connection developments.

    He is experienced at:

    • Advising on the likelihood of obtaining planning permission.
    • Responding to local authority, parish council and resident objections.
    • Advising on public consultations.
    • Promoting applications at committees, hearings and public inquiries.
    • Challenging decisions through the courts.
    • Specialised training (e.g., public inquiry training; topic-based training, for example, speaking on heritage harm and public benefits to the RPTI East of England).

    His recent instructions include major “recovered” appeals concerning mixed-use redevelopment projects, film studios and prisons; statutory challenges to the Secretary of State’s decision on high-profile prime retail redevelopment; and strategically advising developers on appeals concerning major energy infrastructure in the Green Belt.

    His recent work has seen a particular focus arising from amendments to national policy, such as residential development in the Green Belt, and the application of the presumption in favour of sustainable development.

    Local Plan-making: Jack is familiar with the Local Plan process and has experience of navigating the implications of the emerging local plan process for ongoing development management appeals. He is available to accept instructions in relation to the examination of Local Plans.

    Nationally Significant Infrastructure Projects: Jack is particularly interested in building experience in relation to promoting Nationally Significant Infrastructure Projects and the Development Consent Order process.

     

    Court

    Jack’s recent instructions include involvement in some of the most high-profile recent planning cases in the higher courts:

    • Appearing (with Emma Dring) for the Claimant in CPRE (Kent) v SSHCLG & Ors [2025] EWHC 1781 (Admin) (a s.288 challenge to the Secretary of State’s grant of planning permission for the construction of 165 homes and associated development on Land adjacent to Turnden, Hartley Road, Cranbrook, focussed on the Secretary of State’s approach to her duty under s. 85(A1) Countryside and Rights of Way Act 2000).
    • Appearing (with Joe Cannon KC) for the Claimant in R (Curtis) v SSHCLG & Ors AC-2025-MAN-000138 (an application for permission to bring a s.288 challenge to the Secretary of State’s grant of planning permission for the construction of a new prison and associated development, contrary to her Inspector’s recommendation).
    • Appearing for the successful Defendant in R (Banks) v London Borough of Lambeth AC-2025-LON-000112 (an application for permission to bring a judicial review claim concerning a purported decision to revoke a planning permission, and an out-of-time challenge to a decision to grant planning permission).
    • Appearing (with Ryan Kohli) for the Appellant local planning authority in Thomas v Cheltenham Borough Council [2025] EWCA Civ 259 (which clarified tbat there is no general principle that the potential impact of electromagnetic fields on pacemakers or other implants are necessarily a mandatory material consideration in planning decisions generally).
    • Appearing for the respondent Secretary of State (with Paul Shadarevian KCand Clare Parry) in Marks and Spencer PLC v Secretary of State for Levelling-Up, Housing and Communities [2024] EWHC 452 (Admin) (a s.288 challenge to the Secretary of State’s refusal of permission for the construction of a nine storey new mixed office and retail store on Oxford Street, London).
    • Appearing for the successful respondent authority (with Wayne Beglan) in House v Waverley B.C and Secretary of State for Levelling Up, Housing and Communities[2023] EWHC 3011 (Admin) (a s.113 PCPA 2004 statutory challenge to the decision of the Council to adopt its Local Plan Part 2).
    • Appearing for a claimant local authority (with Wayne Beglan) in injunction and judicial review proceedings relating to the Secretary of State for the Home Department’s proposed use of MDP Wethersfield to accommodate asylum seekers: Braintree District Council v Secretary of State for the Home Department & Anor.[2023] EWCA Civ 727 (s.187B injunction); R (Clarke-Holland & Ors) v Secretary of State for the Home Department & Ors [2023] EWHC 3140 (Admin).

     

    Inquiries 

    Jack equally enjoys leading a cross-disciplinary team at inquiries and making substantial contributions as junior counsel within a wider legal team.

    He has experience working on projects raising all sorts of common main issues including Green Belt development, heritage, highways, design, water resources, landscape character and visual impact, flooding and climate change.

    Jack’s recent inquiry experience working with developers, local authorities and interested parites includes:

    • Data centres and grid infrastructure: Appearing, led by Richard Ground KC, for the Local Planning Authority in a recovered appeal (public inquiry) concerning a major data centre and battery energy storage system in Slough (Appeal Ref. 3366043, ongoing).
    • London residential: Appearing, led by Tom Cosgrove KC, for the Appellant in linked s.78 and listed building consent appeals in relation to a high-profile residential scheme in a London borough (Appeal Ref. 3356597, ongoing).
    • Residential allocated in emerging local plan: Appearing unled for the Local Planning Authority in a public inquiry concerning a s.78 appeal against the council’s refusal of planning permission for the erection of 60 dwellings and associated works (Appeal Ref. 3366618, ongoing).
    • Build-to-rent development: Appearing unled for Local Planning Authority in relation to a public inquiry concerning a s.78 appeal against the council’s non-determination of planning permission for the construction of over 100 residential units and associated works.
    • Supermarkets: Appearing unled for the Local Planning Authority in a public inquiry into a called-in application relating to a new food store and associated development within the functional flood plain (Application Ref. 3339712, ongoing).
    • Film studios: Appearing, led by Richard Ground KC, for the successful Local Planning Authority in a s.78 appeal against the refusal of planning permission for a major new film studio in Holyport (Appeal Ref. 3346409).
    • Allocated sites: Appearing, led by Tom Cosgrove KC, for the successful Local Planning Authority in a s.78 appeal against the refusal of planning permission for a 124-unit residential scheme in the setting of Grade-II* listed Guildford Cathedral (Appeal Ref. 3330618).
    • Mixed employment-led schemes: Appearing, led by Ben Du Feu, for the Local Planning Authority in a twelve-day recovered s.78 appeal against the non-determination of planning permission for a substantial mixed, employment-led scheme comprising c.425 residential units, retail space and offices/commercial lab space (Appeal Ref. 3315611).
    • Criminal justice infrastructure (1): Appearing unled for the Rule 6 party in an eight-day recovered s.78 appeal against the refusal of outline planning permission for a 1715-capacity prison in Leicestershire (Appeal Ref. 3300227).
    • Criminal justice infrastructure (2): Appearing, led by Josef Cannon, for the Rule 6 party in an eight-day recovered s.78 appeal and subsequent re-opened inquiry against the refusal of outline planning permission for a 1715-capacity prison in Lancashire (Pro Bono) (Appeal Ref. 3295556).
    • Residential: Appearing unled for the Local Planning Authority in a four-day s.78 appeal against the refusal of planning permission for a 58-dwelling residential development.
    • Complex enforcement sites: Appearing, led by Jack Parker, for the Local Planning Authority in a four-week s.174 enforcement appeal in relation to a complex travelling showpeople’s site.
    • Unauthorised industrial development in countryside: Appearing unled for the Local Planning Authority in a four-day s.174 enforcement appeal in relation to a B2/B8 site in the open countryside.
    • Unauthorised industrial development in built-up areas: Appearing unled for the Local Planning Authority in a two-day s.174 enforcement inquiry in relation to a mixed-use site in a residential area.
    • Agricultural businesses: Appearing unled for the Appellants in a two-day s.174 enforcement inquiry in relation to a B2 industrial workshop in a wider farm complex.
    • Involvement (both led and unled) in several other ongoing section 78 and enforcement appeals by other members of chambers representing local planning authorities.

     

    Hearings

    Jack’s recent hearing instructions include:

    • Green Belt residential: Appearing unled for the Local Planning Authority in linked s.78 appeals against the refusal of planning permission for 100 dwellings and a rural business court (Appeal Ref. 3359441, ongoing).
    • Traveller sites: Appearing unled for the successful Local Planning Authority in linked s.174 appeals against the decision to issue an enforcement notice in respect of the material change of use of the land to use for the stationing of caravans for the purposes of human habitation together with the associated operational development (Appeal Ref. 3350118).
    • Rural and agricultural: Appearing unled for the successful Local Planning Authority in a s.78 appeal against the refusal of planning permission for the use of land and a building to provide equine rehabilitation and foaling livery and siting of mobile home (Appeal Ref. 3353205).
    • Heritage assets: Appearing unled for the successful Local Planning Authority in a s.78 appeal against the refusal of planning permission for the conversion, repair and extension of existing agricultural dwellings in the setting of a Grade II* listed hall and Grade-I listed gatehouse (Appeal Ref. 3328102).
    • Care homes: Appearing unled for the successful Local Planning Authority in a s.78 appeal against the refusal of planning permission for the erection of a 60-bed care home (within Use Class C2) and associated works (Appeal Ref. 3326282).
    • Caravans: Appearing for the Appellant in a s.174 appeal against the issue of an enforcement notice in respect of the siting of a caravan on land (following correspondence the LPA withdrew the enforcement notice).

     

    Advisory 

    Indicatively, Jack’s recent advisory planning work includes:

    • Procedural and reputational issues: Advising on the merits and financial and reputational risks associated with reasons for refusal produced for committee members in the context of an “overturn”.
    • Non-determination and delays: Advising several prospective appellants regarding the merits of appeals against local planning authorities’ non-determination of planning applications.
    • Pre-action: Advising on prospective routes to challenge the ongoing operation of a coal tip near a residential property in Wales.
    • Judicial review of planning decisions: Advising on an objection to, and potential challenge, concerning an application for a substantial residential proposal in an inner-city location.
    • Pre-action responses: Drafting pre-action response to proposed challenge against local planning authority’s decision to grant planning permission for up to 65 dwellings; and advising on responding to a pre-action protocol letter in respect of a decision to grant planning permission in circumstances where heritage matters had not been properly considered.
    • Planning obligations and affordable housing contributions: Advising numerous local planning authorities on the enforceability of provisions contained in planning obligations regarding affordable housing contributions.
    • Judicial review and planning enforcement: Advising on a proposed judicial review of a Local Planning Authority’s alleged failure to withdraw an enforcement notice under s.173A Town and Country Planning Act 1990 (with Emmaline Lambert).
    • Planning prosecutions: Appearing on behalf of a Local Planning Authority in the Crown Court in relation to the breach of an enforcement notice.
    • Planning enforcement orders: Advice on the merits and procedure for obtaining a planning enforcement order in the Magistrates’ Court.
    • Enforceability of enforcement notices: Advising on enforcement action options by a Local Planning Authority in circumstances where a subsequent permission may have rendered aspects of an enforcement notice unenforceable.
    • Asylum accommodation: 
    • Advising on the planning implications of accommodating people seeking asylum in contingency hotel accommodation (both with Dean Underwood and unled).
    • Residential development and conservation orders: 
    • Advising local residents on an objection to a planning application for a significant housing development adjacent to a designated conservation area.
    • Battery energy storage scheme: Advising a developer on an application and prospective appeal in relation to a battery energy storage scheme in the Green Belt.
    • Complex urban redevelopment schemes: Jointly advising with a leading King’s Counsel on the risks associated with heritage and community assets in relation to a significant scheme of redevelopment.
    • Heritage and urban redevelopment schemes: Advising on challenging a listing decision and on general matters relating to prospects of securing listed building consent for demolition of Grade-II building (with Richard Ground KC).
    • Public houses: Advising a Local Planning Authority on how to prevent a material change of use from a public house to a residential dwelling.

    As a pupil and in his early years of practice, Jack built awareness of the specific challenges facing developers, local authorities, landowners, and residents’ groups throughout the planning process. He engaged with many aspects of the development and use of land, including planning, property, public rights of way, and local government law, by:

    • Drafting pre-action protocol response letters, Statements of Facts and Grounds, Summary Grounds of Resistance, and skeleton arguments associated with judicial review challenges in the Planning Court, including in relation to public rights of way, habitats, and environmental impact assessments.
    • Drafting advice on matters engaging issues relating to highways, the interpretation and legality of planning conditions, environmental regulation, compulsory purchase, and boundary disputes.
    • Assisting with the preparation of a party’s submissions in the DCO process for the major infrastructure project of a proposed twin reactor nuclear power station at Sizewell C.
    • Drafting advice on a range of planning and environmental matters, including on emerging issues relating to Habitats Regulations Assessments relating to phosphates and nutrient neutrality.
    • Drafting skeleton arguments, including in relation to the Community Infrastructure Levy and Assets of Community Value.
    • Assisting with research and preparation in relation to several planning inquiries.
  • Cornerstone Climate

    Jack is a member of Cornerstone Climate and available to be instructed on climate-related matters.

    Jack has advised infrastructure and energy clients on planning and environmental issues relating to the net zero transition, including development related to grid connection, battery storage infrastructure, and on compliance with national climate and energy policies.

    His judicial review experience has involved EIA matters, including being led in representing a claimant advancing grounds challenging a decision-maker’s reliance on an environmental screening direction, and being led in responding to a challenge based in part on the proper interpretation of climate-related obligations in the National Planning Policy Framework. Jack has advised local interest groups in relation to potential challenges to screening directions. He has also drafted advice on a range of matters relating to water regulation, habitat regulations assessments and nutrient neutrality issues. Jack has accepted instructions on a pro bono basis through Advocate and the Environmental Law Foundation and is keen to represent claimants in environmental matters.

    As a pupil, Jack gained experience of the Development Consent Order process in relation to the Sizewell C nuclear power station.

  • Public Law and Judicial Review

    Jack Barber is frequently instructed in complex planning litigation and statutory challenges, bringing experience of representing local authorities in high-profile and strategically significant cases. His understanding of judicial review, planning statutory challenges and local plan challenges equips him to advise developers on the risks, opportunities, and tactics associated with planning decisions and policymaking.

    Recent instructions include:

    • Appearing (with Kuljit Bhogal KC) in relation to a high-profile prosecution for breach of a public space protection order which attracted international media attention.
    • Advising for various local authorities on the options and merits of challenging decisions to accommodate asylum seekers in hotels.
    • Appearing (with Andrew Lane) in R (SO) v Thanet D.C. [2023] EWCA Civ 398 (a temporary consent to occupation must be withdrawn before service of a direction for unauthorised campers to leave land pursuant to s.77 Criminal Justice and Public Order Act 1994).
    • Appearing (with Kuljit Bhogal KC, Andrew Lane and Sarah Salmon) on behalf of the police applicant in complex applications for gang injunctions under Part IV of the Policing and Crime Act 2009.

     

  • Property

    Jack is a sought-after junior with wide-ranging experience in relation to property and housing management across a range of courts and tribunals. He has worked with commercial tenants, local authorities, housing associations and Government on these issues.  His recent experience includes:

    • Appearing (with Justin Bates KC and Sarah Salmon) in Coastal Housing Group Ltd & Ors v Mitchell & Ors [2024] EWHC 2831 (Ch) for the claimant housing associations in claims seeking declarations as to the meaning of relevant provisions in the Renting Homes (Wales) Act 2016 and the Renting Homes (Fitness for Human Habitation) (Wales) Regulations 2022 (amongst the first claims to consider the new statutory framework for residential rented properties in Wales).
    • Advising on the regulatory implications for local housing authorities where hotels are being used to accommodate people seeking asylum in their area (on various occasions, both with Dean Underwood and unled).
    • Drafting numerous new and converted written statements of secure occupation contracts for use by social landlords in Wales following the implementation of the Renting Homes (Wales) Act 2016 (with Sarah Salmon and Alistair Cantor).
  • Information Law

    Jack is available to be instructed on information law matters. He has been instructed on behalf of the Information Commissioner’s Office to draft several responses in Freedom of Information appeals to the First-tier Tribunal. He has also advised local authorities and individuals in relation to requests for environmental information. He has advised appellants in s.78 appeals in relation to requests for information under the Environmental Information Regulations.

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