James Corbet Burcher

Viewing: Planning and Environment for James Corbet Burcher

James Corbet Burcher is a specialist planning barrister.
In 2018, he was voted the No.1 rated planning junior under 35 years and No.9 planning junior overall in Planning Magazine’s Annual Planning Law Survey and described as “A very intelligent and very capable advocate”. He has appeared in the Under 35 list throughout his time in practice.
Chambers and Partners Bar UK records him as a Band 2 Junior for Planning in the Midlands Region:
“A very good junior with an excellent grasp of what’s important. He’s wonderful to work with.” “Highly intelligent.” [2019]
“He has extensive knowledge of the legal system…Extraordinarily detailed and very thorough.” [2018]
“An up-and-coming junior frequently highlighted for his client-friendly approach who is developing a strong reputation in the market…He has a good style and intellectual approach…He is very capable and very keen.” [2017]
James is a member of the Planning and Environmental Bar Association’s (PEBA) Committee. He sits on the Bar Council as PEBA’s representative, as well as the Bar Council Legal Services Committee and IT Panel.
He is a qualified Advocacy Tutor with Lincoln’s Inn.
Planning Court and Appellate Work
James has appeared in over 30 cases before the Planning Court, Court of Appeal and Supreme Court, both led and unled.
This includes many recent cases on the interpretation of the Archived National Planning Policy Framework, culminating in the successful appearance in the Supreme Court for Richborough Estates in Suffolk Coastal DC v Hopkins Homes [2017] UKSC 37.
He is presently instructed in a number of challenges, including new interpretation issues under the Current National Planning Policy Framework.
A full list of his court cases is set out below.
Planning Inquiries and Hearings
James has appeared at over 40 planning inquiries and hearings.
Examples of recent inquiry work in his own right include:
Securing planning permission for 141 dwellings at Hanslope, Milton Keynes for Davidson Homes;
Securing planning permission for 23 dwellings in Alfold, Waverley for Cove Homes;
Successful dismissal of appeal for 165 dwellings on behalf of Derbyshire Dales DC at Doveridge, Derbyshire Dales.
He has worked on a number of larger inquiries for 500+ homes.
In 2013-14, he acted for Pinewood Studios Ltd securing planning permission for film studios development on 46ha of Green Belt land (as junior to Martin Kingston QC).
Local Planning Examinations
James advises regularly on the promotion of sites through the local plan process, especially in the context of strategic planning in the West Midlands, Greater Manchester and West of England.
He has also appeared in three s113 challenges to Local Plans and is consequently well-versed in the legal and policy frameworks concerning housing numbers, the duty to cooperate, site assessment and strategic environmental assessment.
Neighbourhood Plan Examinations
James is one of the leading junior barristers working in the field of neighbourhood planning.
In the last four years, he has advised on a total of more than 60 neighbourhood plans at all stages of development.
He has appeared at 8 neighbourhood plan hearings and in several of the judicial review challenges in this field.
The majority of his work in this field is for housebuilders and development promoters, whom he assists with detailed written representations covering the “basic conditions”, site assessment, strategic environmental assessment and procedure.
Work for community groups includes acting for Milton Keynes Town Council in the major called-in inquiry concerning a town centre retail development in 2016.
Assets of Community Value
James has appeared in three cases before the First Tier Tribunal (General Regulatory Chamber) and has advised extensively in this area, including securing removal of the designation at the internal review stage.
Academic Work
Prior to coming to the Bar, James carried out research on post-war London planning history to postgraduate level.
This grounding in the historical development of the British planning system informs all of his professional work today.
James has a particular interest in the development of planning legislation and policy to promote and support new technologies (PropTech, PlanTech) within the context of international comparative land use law (notably in the USA, France and Germany).
He is presenting a paper at the International Academic Association for Planning Law and Property Rights Conference at the University of Texas A and M in early 2019.
He is working towards qualification as a Legal Associate of the Royal Town Planning Institute.
Recommendations
Commended by sources for his adept handling of planning matters involving assets of community value and for his work in neighbourhood planning and residential development matters. He represents developers as well as local planning authorities in public inquiries and planning appeals. “A very good junior with an excellent grasp of what’s important. He’s wonderful to work with.” “Highly intelligent.”
Chambers UK 2019
“He has extensive knowledge of the legal system and is very well versed on Neighbourhood Plans.” “Extraordinarily detailed and very thorough.”
Chambers UK 2018
“He has a good style and intellectual approach.” “He comes back very quickly, lets you know what he is doing and doesn’t leave you hanging. He is very capable and very keen.”
Chambers UK 2017
Notable Cases
Richborough Estates v SSCLG [2018] EWHC 33 (Admin)
Forest of Dean DC v Wright [2017] EWCA Civ 2102
St Modwen v SSCLG [2017] EWCA Civ 1643
Verdin (t/a The Darnhall Estate) v SSCLG [2017] EWHC 2079 (Admin)
Baroness Cumberlege of Newick v SSCLG and DLA Delivery [2017] EWHC 2057 (Admin)
East Staffordshire BC v Secretary of State for Communities and Local Government [2017] EWCA Civ 893
R(Williams) v Powys CC [2017] EWCA Civ 42
(1) Suffolk Coastal DC v Hopkins Homes and Secretary of State for Communities and Local Government; (2) Cheshire East BC v Richborough Estates Partnership LLP and Secretary of State for Communities and Local Government [2017] UKSC 37
DLA Delivery Ltd v Lewes DC [2017] EWCA Civ 58
Trustees of the Barker Mill Estates v Test Valley BC [2016] EWHC 3028 (Admin)
East Staffordshire BC v Secretary of State for Communities and Local Government [2016] EWHC 2973 (Admin)
R(Kebbell Developments Ltd) v Leeds City Council [2016] EWHC 2664 (Admin)
R(Flint) v South Gloucestershire Council [2016] EWHC 2180 (Admin)
Stryjak v Hounslow LBC [2016] EWHC 1897 (Admin)
R(Wright) v Forest of Dean DC [2016] EWHC 1349 (Admin)
St Modwen Developments Ltd v Secretary of State for Communities and Local Government [2016] EWHC 968 (Admin)
Richborough Estates Partnership LLP and Secretary of State for Communities and Local Government v Cheshire East BC [2016] EWCA Civ 168
Cheshire East BC v Secretary of State for Communities and Local Government and Renew Land Developments [2016] EWHC 571 (Admin)
R(Williams) v Powys County Council and Bagley [2016] EWHC 480 (Admin)
R(Dudfield) v Forest of Dean DC [2016] EWHC 291 (Admin)
West Berkshire DC v Secretary of State for Communities and Local Government and HDD Burghfield Common Ltd [2016] EWHC 267 (Admin)
R(DLA Delivery Ltd) v Lewes DC [2015] EWHC 2311 (Admin)
IM Properties Development Ltd v Lichfield DC [2015] EWHC 2077 (Admin) Kings Lynn and West Norfolk BC v Secretary of State for Communities and Local Government and Elm Park Holdings [2015] EWHC 2464 (Admin)
IM Properties Development Ltd v Lichfield DC [2015] EWHC 1982 (Admin)
Wychavon DC v Secretary of State for Communities and Local Government and North Oak Homes Ltd [2015] EWHC 761 (Admin)
Crane v Secretary of State for Communities and Local Government [2015] EWHC 425 (Admin)
R(Gladman Developments Ltd) v Aylesbury Vale DC [2014] EWHC 4323 (Admin)
R(IM Properties Development Ltd) v Lichfield DC [2014] EWHC 2440 (Admin)
R(Jones) v English Heritage [2014] EWHC 2259 (Admin)
Zurich Assurance Ltd v Winchester City Council [2014] EWHC 758 (Admin)
Appointments
Bar Council
Bar Council Legal Services Committee
Bar Council IT Panel
Awards
University of Oxford: Demy (Full College Academic Scholarship) Oxford Half-Blue, Modern Pentathlon
Lincoln’s Inn: Hardwicke Entrance Award Lord Bowen Scholarship Lord Mansfield Scholarship Sunley Pupillage Award
Other:UKELA Moot: Winner of both Senior and Junior Competitions
Memberships
Planning and Environmental Bar Association (PEBA)
UK Environmental Law Association (UKELA)
National Infrastructure Planning Association (NIPA)
Constitutional and Administrative Law Bar Association (ALBA)
International Bar Association (IBA)
American Bar Association (ABA)
American Planning Association (APA)
International Society of City and Regional Planners (ISOCARP)
International Planning History Society (IPHS)
Council for Tall Buildings and Urban Habitat (CTBUH)
Qualifications
BA(Hons) Modern History (First Class), Magdalen College, University of Oxford
Mst Modern History, Magdalen College, University of Oxford
CPE (Distinction), City University
LLM (Distinction), University College London
BPTC, BPP (London)

Latest News & Publications

Permission has been granted on s78 appeal for a 60 bed care home (Use Class C2) in Hartley Wintney, within Hart District Council: APP/N1730/W/18/3203638...

Date: Tue, 09 Apr 2019
James Corbet Burcher examines PlanTech at the No5 Annual Planning Seminar...

Date: Wed, 03 Apr 2019