Jack Barber

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

Jack is a top planning junior and top planning junior under 35 (Planning Resource 2024, 2025, 2026).

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

His instructions often 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 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.

He previously 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.
He also worked as lead paralegal at the Infected Blood Inquiry, assisting with investigations into government decision-making processes at the highest level.
He began his career working in a government and public affairs agency, where he advised multinational clients on political, regulatory, and reputational issues affecting major infrastructure, environmental, and public service outsourcing projects.

Expertise

Planning & 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, 2026).

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 issues arising in relation to 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, to professional bodies, local authorities and planning and heritage consultancies).
Jack has been involved in several 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 Tom Cosgrove KC for the defendant local planning authority in R (Georgian Group) v Guildford Borough Council & National Trust (ongoing claim, 2025-AC-LON-004663) in significant planning claim concerning approach to assessment of significant and other heritage law and policy matters (see news article).
- Instructed by the defendant local planning authority in judicial review challenge of decision to grant planning permission (grounds raised including appearance of bias and unlawful use of tailpiece) (claim ongoing).
- Appearing (with Dr Ashley Bowes) for the defendant Secretary of State in Titchfield Festival Theatre v Secretary of State of Housing Communities and Local Government [2026] EWCA Civ 368, in which the Court of Appeal considered the scope of s.57(4) Town and Country Planning act 1990, which allows a developer to revert back to the last previous use before an enforcement notices was issues, without needing to obtain express permission to do so.
- Appearing for the respondent Secretary of State in Delaney & Ors v SSHCLG (AC-2026-LON-00115), ongoing, a s.289 planning appeal against an Inspector’s decision on a s.174 appeal.
- Instructed by the successful respondent Secretary of State in a s.288 planning statutory challenge of an Inspector’s decision to dismiss a s.78 appeal concerning planning permission for works affecting a listed building.
- 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).
- Advising on pre-action correspondence in relation to numerous prospective planning statutory challenges and judicial review proceedings.
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:
- Major residential schemes in the context of an emerging Local Plan: Appearing (led by Robert Williams KC) for the Local Planning Authority in three multi-week public inquiries concerning residential-led schemes for 800, 450 and 240 homes in Medway, in the context of an emerging Reg. 22 Local Plan. Main issues across appeals included (i) location sustainability; (ii) landscape character, appearance, visual amenity and function; (iii) viability; (iv) planning balance, including conflict and weight to be afforded to existing and emerging spatial strategy.
- 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).
- 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).
- 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 (Appeal Ref. 3371475).
- 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).
- 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).
- 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:
- Advising planning committees: Advising, often on a very urgent basis, on decision-making in relation to major applications due to be determined by planning committee.
- 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.
- Major infrastructure: Advising on representations in relation to the proposed revocation of A47 Wansford to Sutton Development Consent Order 2023.
Climate Litigation
- Overview
- News
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 recent experience includes:
- Advising Appellant on successful s.78 appeal (written representations) for proposed development of a Battery Energy Storage System (BESS) including ancillary works and access arrangements, on Green Belt land.
- Advising Appellant on discharge of battery safety management plan conditions attached to full planning permission for BESS scheme.
- Appearing on behalf of Local Planning Authority in respect of two multi-day public inquiries concerning significant BESS schemes in the open countryside, with main issues including battery safety, landscape and ecology.
- Advising a local interest group concerned with a major solar scheme on whether grid connection and associated cabling constituted a material planning consideration in the determination of a planning application, and whether grid connection works must be included in consideration of the project under the Town and Country Planning (Environmental Impact Assessment) Regulations 2017.
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.

At Cornerstone Barristers’ Planning Day 2025, Jack co-authored and co-presented a paper, ‘Unlocking renewables and issues with grid connection: legal challenges and future changes’, together with James Findlay KC and Estelle Dehon KC.

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

Beyond the public law matters addressed under ‘Planning & Environment’, recent instructions include:
- Assisting Kelvin Rutledge KC on behalf of successful defendant in preparation of summary grounds of resistance in R (Open Roads for Oxford Ltd) v Oxfordshire County Council [2026] EWHC 695 (Admin), concerning a judicial review challenge to the Oxford Congestion Charging Order 2025, which concerned the adequacy of consultation and an alleged breach of the public sector equality duty. Permission to apply for judicial review was refused.
- 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
- Overview
- News
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:
- Building Safety: Jack was instructed by the Government Legal Department in relation to the Grenfell Inquiry, and has a particular interest in building safety, remediation, and matters arising under the Building Safety Act 2022.
- Commercial rents: Advising on prospective proceedings for an interim rent application under the Landlord and Tenant Act 1954.
- Renting Homes (Wales) Act 2016 and supporting regulations: 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; and for the same housing associations in Beacon Cymru & Ors v Mitchell & Ors [2025] EWHC 2477 (Ch) (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 and other interested parties where hotels and other sites are being used to accommodate people seeking asylum in their area (on various occasions, both with Dean Underwood and unled).
- Agreements for rental of residential property: 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).
- Ben Du Feu, Olivia Davies and Jack Barber appointed to the Attorney General’s Panel of Junior Counsel to the Crown27 Aug 2025
- Business and Property Masterclass – Sign up to our new webinar series now08 May 2025