Alan Evans

Practice Areas

Alan specialises in (1) planning (2) town and village greens/commons and (3) highways, public rights of way and road traffic regulation. He has extensive experience across these areas and his practice embraces the full range of inquiry and hearing processes, a significant judicial review component and acting as an inspector in town and village greens/commons cases. In addition to advocacy, Alan also has a broad advisory practice in his specialist fields. He acts for both the public and private sector and accepts licensed access work.

(1) Planning

Alan has a wide-ranging planning practice both as advocate and in an advisory capacity. He has been involved in numerous significant planning inquiries for all kinds of development. He has recently advised Cumbria County Council (as was) in relation to an acutely controversial and high-profile proposal for a new deep coal mine at Whitehaven. Alan has considerable experience of the full range of planning procedures including section 78 appeals (both inquiries and hearings), called-in applications, enforcement appeals, local plan examinations and judicial review. He acts for developers and local authorities.

Significant Reported Cases:

Thornton Hall Hotel Limited v Thornton Holdings Limited [2019] EWCA Civ 737 (Court of Appeal): time limits for judicial review in planning cases.

Kebbell Developments v Leeds City Council [2018] EWCA Civ 450 (Court of Appeal): local planning authorities’ post-examination powers of modification of neighbourhood plans.

Samuel Smith Old Brewery (Tadcaster) v Selby DC [2015] EWCA Civ 1107 (Court of Appeal): whether the plan-making duty to co-operate applies after submission of a plan for examination.

Larkfleet v Rutland County Council [2015] EWCA Civ 597 (Court of Appeal): whether neighhourhood plans can make allocations.

(2) Town and village greens/commons

Alan has great experience of town and village green applications and also undertakes commons work. In addition to his advocacy and advisory practice, Alan often acts for registration authorities in the role of an independent inspector holding non-statutory inquiries into applications for new greens followed by the production of careful and thorough reports with clear recommendations. In 2018 Alan acted as an inspector for the former Cumbria County Council in relation to an extremely contentious and vigorously opposed proposal by the Ministry of Defence to de-register extensive areas of common in the North Pennines forming the Warcop Training Area.

Significant Reported Cases:

Naylor v Essex CC [2014] EWHC 2560 (Admin): whether use can be “as of right” where privately owned land is managed by a local authority.

Norbrook Laboratories Ltd v Carlisle CC [2013] EWHC 1113 (Admin): whether public rights of access to common land survive the extinction of rights of common.

(3) Highways, public rights of way and road traffic regulation

Alan’s expertise extends across the totality of these related areas. His wide experience here has included the promotion of road schemes for both the Highways Agency (as then known) and local authorities at inquiry. He has appeared in definitive map modification order inquiries (both promoting and objecting), stopping up cases (both inquiries and magistrates’ court hearings) and inquiries into road traffic regulation orders. Alan has a significant advisory practice in relation to highways, public rights of ways and road traffic regulation.

Significant Reported Cases:

Roxlena Limited v Cumbria County Council [2019] EWCA Civ 1639 (Court of Appeal): precision required of definitive map modification order applications; scope of investigative duty of surveying authority; when evidence is “discovered” and scope of authority’s free-standing duty to modify; and standard of proof in making orders.

Career

Education: MA, LLB (Cantab) (both first class); Lecturer in Law at Manchester University (1978-1985); Barrister at Kings Chambers, Manchester 1985 to date; Junior Counsel to the Crown (Provincial Panel) (2000-2013).

Professional Memberships

Planning and Environmental Bar Association;