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Planning and Environment  Print Version

Tom Cosgrove is a barrister at 2-3 Gray’s Inn Square, which is known for its planning expertise. Tom read law at the University of Cambridge, which was when he realised that the Bar was for him: “I had always considered being a lawyer, but at university a number of eminent barristers came to speak (my future head of chambers, Anthony Scrivener QC, being one of them), and I thought it sounded like good fun.”

Tom made the most of his mini-pupillages, trying to get to the truth rather than being swayed by the sometimes unrealistic picture painted by many student guides (this one excepted, of course!). He says: “When you are doing a mini-pupillage, you should make a beeline for the junior members and pupils, and ask what they think about their own chambers. It’s also worth asking them about which other chambers they think are the best in the field.” Pupillage at 2-3 Gray’s Inn Square was much as Tom had expected: “It’s a nerve-wracking year, but you know you just have to go through it. I was fortunate with my pupil supervisor and the very friendly members here.”

Specialising primarily in planning, environment and local government work, Tom discusses broadly what his planning work involves: “I act for both developers and local planning authorities on a full range of matters, including in relation to residential schemes, listed buildings and conservation. Part of the beauty of the job is that there isn’t a typical day, but there is a distinction between a day in court or inquiry and a day in chambers or meeting clients. You certainly aren’t working behind a computer every day; you might find yourself walking in an area of natural beauty doing a wind farm site visit, or you might be in the High Court.”

Recent work includes a two-week planning inquiry where Tom was acting for Derbyshire Dales County Council: “It involved a contentious scheme whereby the developer wanted to convert a historic castle into luxury flats with additional new housing in the grounds. Prior to that, I worked on a case in Newmarket that involved a proposal to build the biggest horse hospital in Europe. Trainers came along to object and we had site visits at 4:00am to see the lads put the horses out, which was very interesting. Earlier this week, I had a High Court challenge acting for Horsham District Council in relation to the preservation of a tree, which involved legal questions of human rights and legitimate expectations. Tomorrow, I am starting an inquiry in Hampshire that centres on a big housing scheme on the edge of the M3 – about as far away from the Dales as you can get!” Tom also spends time in conferences with clients, discussing potential schemes and the practices that would serve them best.

Tom enthuses about the sense of satisfaction gained from winning a case: “Nothing beats that. I’ve had some good results, which is satisfying, although just as you think you’re getting good, you come across someone who’s better! There’s no room for getting smug and you really do learn a lot from being beaten.” He also notes the pleasure gained from making a positive difference to people’s lives: “For example, there may be some monstrosity planned to be built that would block out lots of light – if you argue your case effectively and permission is refused, that is very satisfying.” As ever, the advantages of the flexibility inherent in the job are mitigated by the “unsociable, weird hours that sometimes mean you have to let friends and family down”.

There is a set of skills required in order to be a successful planning lawyer. Tom explains: “In terms of reading and preparing, you’ve got to put the hours in to get your head around the subject. You can’t just turn up and cross-examine witnesses, many of whom are experts, no matter how brilliant you are. Also, you have to be able to get on with a diverse range of people, from very posh developers through to people who know nothing about the legal system. Finally, it is important that you have a range of advocacy styles. One day, you might be at a planning inquiry, where there’s no room for high-falutin’ legal terms, while the next day, you’re in the High Court and need to be very succinct. These different styles tend to develop over time.”

Tom has a lot of very practical advice for anyone interested in this field: “First, you should get as much experience as you possibly can. The obvious thing to do is go and sit in on a public planning inquiry at a council near you. They are advertised and anyone can attend; you can even get free copies of the documents. Next, you should be doing mini-pupillages, focusing specifically on the three or four specialist planning sets. Finally, you should be doing research so that you are fully informed before your pupillage interviews. There are some good textbooks and guides that are useful if you’re new to things. You need to show an interest in the topic, and there are always new developments to talk about (eg, wind farms, land disposal and nuclear waste). The Department for Communities and Local Government has a website [www.communities.gov.uk] that includes a planning section with news and free printouts, which should give you a feel for the area.”

Finally, Tom offers a reality check about being a barrister in the early years: “Unless you are of very independent financial means, it can be quite tough. And those weird working hours mean that you may have to upset some friends along the way. But none of that would have put me off and it is really fun! I think that it is a privilege to be able to do it.”