Mark Beard is a barrister who specialises in all aspects of planning, environmental, local government, regulatory and public law.

Mark undertakes a broad range of advocacy and advisory work on behalf of developers, the government, non-departmental government agencies, public authorities and private clients.  European and Human Rights law forms an integral part of his wide-ranging experience. He also has substantial experience in the regulatory aspects of planning, environmental and local government law appearing for both the prosecution and defence in regulatory proceedings.

Currently, Mark Beard is instructed in a number of cases involving wind farm developments, advising and appearing for the MoD and local planning authorities. As a result, Mark has gained a considerable amount of experience relating to renewable energy projects, particularly the impact of wind turbines on aviation interests.

Mark Beard is also instructed by a number of planning authorities in the preparation of Local Development Frameworks following the reforms to the plan making system instituted by the Planning and Compulsory Purchase Act 2004. Mark is advising those authorities in respect of the preparation of development plan documents for submission to the Secretary of State for independent examination.

At present, Mark is instructed by a number of developers in cases involving major mixed-use development proposals in London that include a component of student housing.

Mark Beard continues to represent a charitable organisation founded to protect the natural environment in the British Virgin Islands. With Stephen Hockman QC, Mark successfully challenged by way of judicial review the former BVI Government's decision to grant planning permission for a major leisure development proposed in an environmentally sensitive location. The case was the first judicial review claim in the BVI involving the protection of the environment.  As the developer (Interested Party) has appealed against the BVI High Court's decision to quash the planning consent, Mark will appear before the Court of Appeal (BVI) in September 2010.

Recently, Mark Beard appeared on behalf a local planning authority at the Public Inquiry into proposals for a wind farm at the former RAF Harington airfield.  With the assistance of English Heritage, the planning authority objected to the proposals, specifically in respect of the impact of the proposed wind turbines on the setting of a former Thor Missile Site, an heritage asset of acknowledged national importance.

In 2009, Mark advised and appeared on behalf of the Highways Agency at the public inquiries into Kent International Gateway Strategic Rail Freight Interchange and the Radlett Rail Freight Interchange.

Mark Beard's planning law experience encompasses a full range of development control and enforcement work.

In his role as Treasury Counsel, Mark regularly advised and appeared on behalf of the Government in statutory appeals and judicial review cases.  He has considerable experience promoting road improvement schemes on behalf of the Secretary of State for Transport and is regularly instructed in cases involving compulsory purchase and compensation law .

Environmental

Mark Beard's environmental law experience is also very extensive and varied, including pollution prevention and control, waste regulation and management, water quality,  fisheries and all types of statutory nuisances.  Mark is instructed on behalf of regulatory agencies and defendants, both corporate and individual.

Recently, Mark represented the Environment Agency in a case involving an appeal against the grant of an environmental permit for mobile plant used in the treatment of clinical waste.

In 2008, he represented Ofwat (The Water Services Regulation Authority) before the Divisional Court in a case which determined that inadvertent sewage leaks from a statutory undertaker's sewerage system constitute 'waste' within the meaning of the European Waste Framework Directive.

Mark Beard's experience in public law includes a wide range of work including judicial review, highway law, human rights local government powers, corporate governance, standards and ethics, public rights of way, housing, homelessness, anti-social behaviour, street trading and markets, trade descriptions, and licensing matters.  Mark Beard also has experence undertaking immigration cases in the Administrative Court.

Mark lectures on wide range of topics covering public, planning, environmental and human rights law.

Recent Cases

1. R (Perrett) v Secretary of State for Communities and Local Government  [2009] EWCA Civ 1365 (Court of Appeal); [2009] EWHC 364 (Administrative Court):
   Scope of rehearing of an enforcement notice appeal remitted to the Secretary of State.
   
   
2. R (Majed) v London Borough of Camden [2009] EWCA Civ 1029 (Court of Appeal)
   Legitimate expectation arising from a breach of the LPA's Statement of Community Involvement.
   
   
3. R (Peters) v (1) Secretary of State for Communities and Local Government [2009] EWHC 1125 (Admin):
   Statutory challenge of a planning inspector's decision to refuse temporary planning permission for a travelling showpeople's site in the Green Belt and in close proximity to a Special Protection Area.
   
   
4. Thames Water Utilities Limited v Bromley Magistrates' Court and (1) Environment Agency (2) Water Services Regulation Authority [2008] EWHC 1763 (Admin):
   Inadvertent leak of waste water from sewerage undertaker's network constitutes 'waste' for the purposes of the European Waste Framework Directive and Part II of the Environmental Protection Act 1990.
   
   
5. R (Bailey) v Secretary of State for Business Enterprise and Regulatory Reform [2008] EWHC 1257 (Admin):
   Judicial review of Secretary of State's decision to grant consent for a renewable energy power generating station.
   
   
6. Oxford City Council v Secretary of State [2007] EWHC 769 (Admin):
   Statutory challenge against the decision of the Secretary of State's planning inspector and disagreement with the conclusions of a previous inspector.