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Background

Tobin Byers

Call: 2017

Tobin’s practice is primarily in planning, environmental and public law. He is regularly instructed by local authorities, developers and government departments to advise on a variety of planning matters, including local decision-making, planning appeals, planning enforcement, and national planning policy.

Prior to joining No5 Barristers’ Chambers, Tobin was an employed barrister at the Government Legal Department, where he gained significant experience of public, planning and environmental law at what was then the Department for Levelling Up, Housing and Communities (now the Ministry for Housing, Communities and Local Government) and the Department for Energy Security and Net Zero.

Tobin’s experience at the Government Legal Department included advising on primary legislation, drafting secondary legislation, advising on decisions under the Town and Country Planning Act 1990 and the Planning Act 2008, advising on applications for network infrastructure under the Electricity Act 1989, and advising on planning policy development. Tobin advised on the revisions to the energy National Policy Statements in 2025 and on several clauses in the Planning and Infrastructure Bill. He was also involved in advising on several judicial reviews that sought to challenge government decisions relating to accommodation for asylum seekers.

Tobin is now on the Government Legal Department’s ‘junior junior’ panel and is regularly instructed by government departments. He has recently been working with the Ministry for Housing, Communities and Local Government on the new National Planning Policy Framework and has previously advised on policy relating to developer contributions and compulsory purchase.

Prior to coming to the Bar, Tobin spent more than 10 years working in public affairs in the planning sector, advising clients seeking to obtain planning permission, promote land for development and influence national policy. In addition, Tobin served as an elected councillor in a London Borough for eight years, including six years in Cabinet roles

Expertise

Planning Appeals

Tobin is regularly instructed to appear at planning appeals under section 78 of the Town and Country Planning Act 1990. Recent instructions include:

  • representing the Appellant at an inquiry against the refusal of residential development by Wiltshire Council (led by Chris Young KC);
  • representing the Appellant at an inquiry against the refusal of residential development by Canterbury City Council (led by Thea Osmund-Smith);
  • representing a Rule 6 Party at an inquiry against the refusal of residential development by Charnwood Borough Council (led by Peter Goatley KC); and
  • representing the Appellant at an inquiry against the refusal of a battery energy storage system by East Devon District Council (led by Thea Osmund-Smith).

In addition, Tobin is regularly instructed by local authorities and developers to advise on the merits of planning appeals.

Planning Enforcement

Tobin is regularly instructed to advise local authorities and developers on planning enforcement matters. He was recently successful in obtaining an injunction under section 187B of the Town and County Planning Act 1990 on behalf of a local authority.

Major Infrastructure

Tobin gained significant experience of major energy infrastructure at the Department for Energy Security and Net Zero, including:

  • advising on section 35 directions to direct applications into the Nationally Significant Infrastructure Project consenting regime;
  • advising on applications for development consent, including solar farms and offshore wind farms;
  • advising on planning policy reform, including various measures in the Planning and Infrastructure Bill; and
  • advising on amendments to the energy National Policy Statements in 2025 and the related public consultation and parliamentary processes under the Planning Act 2008.

Energy

Tobin regularly advised on matters under the Electricity Act 1989 whilst at the Department for Energy Security and Net Zero, including section 37 consent, compulsory purchase and necessary wayleaves, on which he gained significant experience.

In addition, Tobin advised on a package of policy reforms to land rights and consenting for network infrastructure which were consulted on by the government in summer 2025.

Public Law

Tobin obtained significant experience of public law at the Government Legal Department, regularly advising decision-makers at both official and Ministerial levels on a range of matters.

Tobin advised on primary legislation, including several clauses in the Conservative government’s Renters (Reform) Bill and a planning Private Member’s Bill. He also advised on a number of clauses in the Planning and Infrastructure Bill and advised Ministers in both the Commons and the Lords at different stages of the Bill’s progression.

Tobin drafted a number of statutory instruments concerning local elections and spent several months as a paralegal prior to commencing pupillage in the Statutory Instrument Hub, the Government Legal Department’s centre of excellent for secondary legislation.

Tobin regularly advised on broader public law matters including the public sector equality duty, the environmental principles policy statement, public consultation, and disclosure and the duty of candour.

Local Government

Tobin has a broad interest in local government and served as an elected councillor in a London Borough for eight years. He spent the first two years sitting on various committees, including the Standards Committee, the Planning Committee and the Licensing Committee. During this time Tobin also served as Chief Whip to the administration.

For the next six years Tobin held various Cabinet roles, including Cabinet Member for Adult Social Care and Health (and Chair of the Health and Wellbeing Board), Cabinet Member for the Environment and Cabinet Member for Finance.

As Cabinet Member for Adult Social Care and Health Tobin was heavily involved in the early response to the Covid-19 pandemic. As Cabinet Member for the Environment, Tobin led on the development of the Council’s first Climate Action Plan.

Related News, Resources and Events

Past Events


Annual Planning 2026

As we finalise the programme for our Annual Seminar, we are delighted to announce two guest speakers: Joanna Averley, the Government’s Chief Planner and Head…

View all related news

  • Lincoln’s Inn
  • Planning and Environmental Bar Association
  • Government Legal Department ‘junior junior’ panel
  • University of Law: Bar Practitioner Training Course (Very Competent) 
  • University of Law: Graduate Diploma in Law (Commendation) 
  • King’s College London: MA Modern History (Merit) 
  • London College of Communication: BA (Hons) Journalism (First-class Honours) 
  • University of Law: Bar Practitioner Training Course (Very Competent)
  • University of Law: Graduate Diploma in Law (Commendation) 
  • King’s College London: MA Modern History (Merit) 
  • London College of Communication: BA (Hons) Journalism (First-class Honours) 

Related News, Resources and Events

Past Events


Annual Planning 2026

As we finalise the programme for our Annual Seminar, we are delighted to announce two guest speakers: Joanna Averley, the Government’s Chief Planner and Head…

View all related news

Clerk Team

Emily Johnston

Planning & Environment Clerk

emilyj@no5.com

Leanne Hillery

Planning & Environment Clerk

leanneh@no5.com

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