Noémi Byrd

Call: 2004

Education

BA Hons. English (Oxford University, 1996); PGDL and BVC (BPP Law School, 2003-4); LLM International Business Law (BPP Law School, 2017).

Practice

Noémi joined Six Pump Court as a first six pupil in 2004 and went on to practise in all areas of chambers’ work before focusing on the law relating to the built and natural environment. Before being called to the Bar she worked at an international environmental law NGO.

Noémi has substantial experience of all kinds of planning disputes, having acted for authorities, developers and third parties in matters ranging from local authority enforcement inquiries and prosecutions, to claims for planning statutory review. Noémi has particular experience of :

  • National climate policy as a material consideration in local planning decisions;
  • Planning appeals involving evidence on ecology and biodiversity impacts, including the authority’s duties under the Habitats Regulations 2017 and NERCA, the application of Government standing species guidance, and CIEEM professional guidance on ecological reporting;
  • Challenging evidence at appeal on landscape character and conservation area impacts.

She is also very experienced in public rights of way matters, especially modification orders under the Wildlife and Countryside Act 1981. Noémi has represented and advised authorities and landowners at numerous rights of way public inquiries as well as in prosecutions and civil matters under the Highways Act 1980. As a rider herself she understands the access and safety issues facing equestrian users of the rights of way network.

In the private law sphere Noémi acts in claims relating to adverse possession, trespass, easements and nuisance.

Recent instructions include:


Inquiries and hearings

  • Public inquiry into major leisure development (refusal based on harm to protected and priority species; habitats of principal importance; green infrastructure; conservation; and landscape character), acting for the local authority;
  • Acting for third party objectors to groundworks for a nuclear power station (impact on protected and priority marine species – whether an ‘appropriate assessment’ required);
  • Hybrid public inquiry into major housing development (including hearing on achieving nutrient neutrality – whether an ‘appropriate assessment’ required);
  • Representing ecology consultants before the CIEEM professional conduct panel;
  • Acting for third party objectors to a gas-fired electricity plant in support of the LPA’s climate change reason for refusal (written representations followed by statutory challenge to grant of planning permission).


Advisory work

  • Advice to local authority on enforcement of developer’s undertakings relating to major housing development;
  • Advice to developer on defending enforcement action for non-payment of Community Infrastructure Levy;
  • Advice to local authority on the recovery of expenditure for major emergency works under the Building Act 1984 (absentee freeholder);
  • Advice to local authority on recovery of expenditure following the discovery of buried drainage features on LPA-owned land earmarked for development;
  • Advice to developer on a contested highway adoption under s.228 Highways Act 1980.

Between 2015 and 2020 Noémi was an associate member of chambers, during which time she taught advocacy on the Bar Training Course, while continuing to advise pro bono in public interest planning and land matters. While living abroad for two years she completed an LLM in International Business Law.

Noémi is a case reviewer for Advocate, and a member of UKELA and PEBA.

 

Publications

Co-author of Wildy Practice Guide, ‘Planning Law and Practice’, published in March 2013.

Contributor to ‘Environmental Law’, Oxford University Press, 2nd edition published in 2009.

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