Jack Barber

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Jack Barber was called to the Bar in 2019 and specialises in planning, local government and public law. He is rated as one of the ‘top-rated junior barristers aged under 35’ (Planning Law Survey, 2024). He has appeared in the Court of Appeal, High Court and County Court, the First-tier Tribunal and in public inquiries and hearings. His wide client base includes local authorities, housing authorities, developers and local interest groups. Since November 2023, Jack has been registered with the Attorney General’s civil junior junior scheme.

Professional background

Jack has previously acquired both public and private sector legal and policy experience.

Before pupillage, Jack worked as a researcher for Dr John Stanton’s monograph ‘Law, Localism and the Constitution’, exploring the constitutional relationship between central and local government, and as lead paralegal for government decision-making at the Infected Blood Inquiry.

Previously, Jack was selected as Hanover Communications’ inaugural Mackay Award recipient in 2016. He worked within Hanover’s government and public affairs team advising various multi-national clients on political, regulatory, legislative, and reputational issues, including on major infrastructure, environmental, and public service outsourcing matters.

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

Public Law and Judicial Review
Jack Barber has been instructed by local authorities at pre-action, permission and substantive stages of judicial review proceedings and planning statutory challenges.

Recent instructions include:
- Appearing (with Wayne Beglan) on behalf of a local authority claimant in the judicial review of the Home Secretary’s decision to use a former military site to accommodate asylum seekers.
- Representing a respondent local authority in a statutory challenge pursuant to s.113 Planning and Compulsory Purchase Act 2004 to the adoption of its local plan (with Wayne Beglan).
- 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- Appearing (with Andrew Lane) in R (SO) v Thanet D.C. [2023] EWCA Civ 398 (a temporary consent to occupation must be withdrawn before service of a direction for unauthorised campers to leave land pursuant to s.77 Criminal Justice and Public Order Act 1994).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.
- Three new titles in the “Cornerstone On” series announced06 Aug 2024
- Accommodating Asylum Seekers: Legal Issues Arising from the Use of Hotel Accommodation12 Dec 2022
Housing
Jack’s recent housing work includes:
- Appearing (with Justin Bates KC and Sarah Salmon) 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).
- Appearing for the successful respondent social landlord in an appeal against the court’s refusal to suspend a warrant for eviction.
- Advising and representing a Local Housing Authority in relation to a s.204 Housing Act 1996 appeal.
- Appearing for the successful respondent Local Housing Authority in a First-tier Tribunal appeal of the LHA’s decision to grant a licence for a House in Multiple Occupation.
- Appearing in possession and injunction proceedings in the County Court for local authorities and private registered providers of social housing.
During pupillage, Jack worked on numerous housing matters, including those relating to licensing and Houses in Multiple Occupation. With Andrew Lane, Jack gained experience of a range of matters relating to housing, homelessness and allocations, and licensing, and he observed a wide range of proceedings from housing possession trials to appellate advocacy in the higher courts.
- High Court hears three challenges to Home Secretary’s use of former military bases to accommodate asylum seekers31 Oct 2023
Planning and Environment
Overview

Jack Barber is ranked as one of the top-rated planning juniors under 35 (Planning Law Survey, 2024). He has been instructed by local authorities, developers and interested parties in relation to judicial review and statutory challenges, public inquiries, hearings, Crown Court and Magistrates Court proceedings, and advisory matters.

Court

Jack’s recent instructions include involvement in some of the most high-profile recent planning cases in the Administrative Court:
- Appearing for the respondent Secretary of State (with Paul Shadarevian KC and 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 has experience both as a led junior and as sole counsel at inquiries involving a variety of topical issues including Green Belt development, heritage, highways, design, water resources, landscape character and visual impact. His recent inquiry experience includes:
- 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).
- 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).
- 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).
- 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, decision outstanding).
- 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.
- 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.
- 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.
- 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.
- 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 ongoing section 78 and enforcement appeals by other members of chambers representing local planning authorities.
Hearings

Jack’s recent hearing instructions include:
- 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).
- 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).
- 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 (ongoing).
Advisory

Jack’s recent advisory planning work includes:
- 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.
- 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).
- Advising on prospective routes to challenge the ongoing operation of a coal tip near a residential property in Wales.
- Advising on the planning implications of accommodating people seeking asylum in contingency hotel accommodation (both with Dean Underwood and unled).
- Appearing on behalf of a Local Planning Authority in the Crown Court in relation to the breach of an enforcement notice.
- 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).
- Advising local residents on an objection to a planning application for a significant housing development adjacent to a designated conservation area.
- 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.
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
- Overview
- News
Jack is a member of Cornerstone Climate and available to be instructed on climate-related matters.

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.
- COP29 Kicks Off – What you Need to Know13 Nov 2024
Information Law
- Overview
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 in relation to requests for environmental information.