Mark Beard

Planning

Mark undertakes the full range of planning work including:

• Planning appeals, inquiries and hearings
• Major residential and mixed-use development
• Local Plans and plan-making
• Housing land supply and housing delivery
• Green Belt development
• Heritage and conservation
• Environmental Impact Assessment
• Habitats and nature conservation law
• Flood risk and water management
• Community Infrastructure Levy
• Traveller and Gypsy/Traveller development
• Highways and transport issues
• Planning enforcement and injunctions
• High Court planning injunctions and final injunctive relief
• Enforcement involving traveller sites, persons unknown and newcomers

He regularly advises local planning authorities on major development proposals, strategic planning and infrastructure matters and development plan preparation, and acts for developers and other parties promoting, opposing or challenging development proposals.

Mark is particularly recognised for his expertise in planning enforcement and injunctions. He regularly advises and appears in enforcement notice appeals, lawful development certificate appeals, High Court injunction proceedings, committal-related matters and cases involving long-running or deliberate breaches of planning control. His recent work includes major traveller site enforcement cases involving extant enforcement notices, stop notices, applications for final injunctive relief, relief against persons unknown / newcomers, human rights, equalities and proportionality issues.

His experience extends from strategic advisory work through to urgent High Court litigation.

Administrative & public

Public law forms a substantial part of Mark’s practice.

He advises and acts in judicial review proceedings, statutory challenges and wider public law disputes involving planning, environmental and local government issues. His experience includes:

• Judicial review
• Statutory challenge
• Public sector equality duties
• Human rights
• Consultation and procedural fairness
• Local government powers and governance
• Standards and ethics
• Information rights
• Council tax
• Housing and homelessness
• Highways law
• Public rights of way
• Licensing and regulatory matters

Mark is frequently instructed to advise public authorities on the lawful exercise of statutory powers and the management of litigation risk in high-profile and politically sensitive matters.

Environment

Mark has extensive experience across a broad range of environmental and regulatory matters, including:

• Strategic environmental assessment
• Environmental impact assessment
• Conservation of habitats and species
• Waste regulation
• Water regulation
• Fisheries
• Environmental permitting
• Pollution control
• Statutory nuisance
• Environmental enforcement
• Climate and environmental impacts

He is instructed by regulators, public bodies, commercial operators and private clients.

Recommendations

Selected Recent Instructions

Somerset Council v Richards and others (2026)

Acted for Somerset Council in a major traveller site appeal and linked High Court injunction proceedings concerning a large-scale unauthorised residential caravan site. The appeal was dismissed and the Council obtained a partial award of costs. Subsequently acted in proceedings seeking final mandatory and prohibitory injunctions, including relief against persons unknown.

Holborn Studios, Hackney (2024-2025)

Represented the London Borough of Hackney at a major multi-party planning appeal inquiry concerning the redevelopment of Holborn Studios, one of London’s best-known creative industry and photographic studio complexes. The inquiry involved cultural infrastructure, affordable workspace, employment land, heritage, viability and housing delivery issues and was contested by both the developer and a Rule 6 party. Subsequently advised the local planning authority in connection with statutory review proceedings arising from the appeal decision.

Council Tax Reduction Scheme Judicial Review (2025-2026)

Advised and represented Three Rivers District Council in judicial review proceedings (leading Róisín Finnegan) challenging revisions to the authority’s Council Tax Reduction Scheme, raising issues concerning consultation, the Public Sector Equality Duty, local authority discretion and the development of means-tested support schemes. Also advised Arun District Council regarding equivalent Council Tax Reduction Scheme reforms and associated judicial review proceedings.

Epping Forest District Local Plan

Acted for Epping Forest District Council throughout the preparation, examination and adoption of its Local Plan, advising on Green Belt release, housing delivery, Habitats Regulations Assessment and the impact of growth on the Epping Forest Special Area of Conservation, including the temporary development moratorium required while habitats issues were resolved. Also acted in successfully resisting a judicial review challenge to the Plan’s adoption. The Plan was adopted in 2023

Major section 106 and Community Infrastructure Levy enforcement advice (2026)

Advised a London Borough regarding the recovery of substantial outstanding Community Infrastructure Levy and section 106 contributions arising from residential developments. The instruction involved complex issues concerning planning obligations, successor liability, local land charges, statutory interpretation of the Community Infrastructure Levy Regulations 2010, public law risk, human rights considerations and enforcement strategy.

Strategic Planning, Enforcement and Local Government Advice (2024-2026)

Regularly advises local authorities, developers and landowners concerning planning enforcement strategy, injunctions, Community Infrastructure Levy, section 106 obligations, local plan preparation, public law duties, equality considerations and judicial review risk.

Local authority publicity and freedom of expression (2026)

Advised a London Borough on the application of Part II of the Local Government Act 1986 and the Code of Recommended Practice on Local Authority Publicity in relation to the publication of an official councillor photograph. The instruction raised issues concerning political publicity, freedom of expression, equality duties, political neutrality, local authority governance and the lawfulness of decisions relating to politically contentious symbolism.

Talmud Torah London Ltd and others v Secretary of State and London Borough of Hackney: Planning Court proceedings (2026)

Advised the London Borough of Hackney (leading Angelica Rokad) in connection with Planning Court proceedings arising from an enforcement action against an unauthorised faith school in Stamford Hill. The challenge raised issues concerning educational provision, Articles 8, 9 and 14 ECHR, Article 2 of the First Protocol, planning enforcement and residential amenity. Following advice and summary grounds of defence, the High Court challenge was discontinued against the Council.

Green Belt and Strategic Planning Advice (2025-2026)

Regularly instructed by local authorities and developers on Green Belt policy, strategic planning, settlement strategy, housing growth and Local Plan review. Recent instructions have included detailed advice to Epping Forest District Council on Green Belt review methodology, parcel assessment and strategic development options, together with advice to other authorities on plan-making, housing supply and examination strategy.

Bence v Cornwall Council and the Information Commissioner (Upper Tribunal, 2025)

Represented Cornwall Council in significant Upper Tribunal proceedings (leading Angelica Rokad) concerning the Freedom of Information Act 2000, Environmental Information Regulations and the Tribunal’s contempt jurisdiction. The case addressed the powers of tribunals in relation to certification for contempt and enforcement of tribunal orders.

Kennet Centre Redevelopment, Newbury (2025)

Appeared at a major planning appeal inquiry concerning the comprehensive redevelopment of the Kennet Centre in Newbury. The appeal concerned a substantial town-centre regeneration scheme involving residential, commercial and mixed-use development and raised significant issues relating to heritage, conservation areas, listed buildings, townscape, design and regeneration.

West Berkshire Traveller Site and Enforcement Appeals (2025)

Acted for West Berkshire Council at a recovered inquiry concerning a proposed residential Gypsy and Traveller site together with linked enforcement proceedings. The case involved traveller policy, sustainability, ecology, heritage, human rights, the Public Sector Equality Duty and public safety issues associated with the Atomic Weapons Establishment consultation zones. The planning appeal was dismissed and the enforcement notice upheld.

Planning Injunction Proceedings / Canterbury City Council v Maugham and others / Somerset Council v Pitman and others (High Court, 2024-2025)

Acted for two local planning authorities in separate High Court injunction proceedings arising from continuing breaches of planning control, securing final injunctive relief by consent following contested proceedings.

Public Rights of Way and Definitive Map Modification Orders (2024-2025)

Advised landowners on a long-running dispute concerning public rights of way, definitive map anomalies and proposed diversion of a public footpath. The advice involved the Wildlife and Countryside Act 1981, Highways Act 1980, Definitive Map Modification Orders, Public Path Diversion Orders, historical highway evidence and public law duties relating to rights of way records

Royal Borough of Windsor & Maidenhead Local Plan

Advised the Royal Borough of Windsor & Maidenhead in relation to its Local Plan adopted in 2022 and subsequently acted in litigation concerning the validity of its adoption, successfully resisting the challenge.

Mott v Environment Agency

Acted throughout the long-running and nationally significant litigation concerning fisheries regulation, environmental management and compensation under Article 1 of Protocol 1 of the European Convention on Human Rights. The litigation proceeded through the High Court, Court of Appeal and Supreme Court and is regarded as an important authority on property rights and environmental regulation.

Mott v Environment Agency (Human Rights Act Damages Proceedings)

Acted in subsequent Human Rights Act proceedings arising from the Supreme Court litigation, including successful proceedings concerning limitation and extension of time under section 7 of the Human Rights Act 1998.

Southgate Office Village, Enfield

Appeared at a major planning inquiry concerning a significant mixed-use redevelopment adjacent to the Southgate Conservation Area and Southgate Underground Station. The appeal involved tall buildings policy, housing delivery, design, heritage and urban intensification. Planning permission was granted on appeal.

Directories

• LL.B. (Hons) – London
• LL.M. – William & Mary, Virginia, USA

Memberships

• Planning and Environmental Bar Association
• Administrative Law Bar Association
• UK Environmental Law Association
• South Eastern Circuit
• Environmental Law Foundation
• Bar of the Eastern Caribbean Supreme Court

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