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David Smith

year of call: 1980

DSmith@landmarkchambers.co.uk

Practice Summary

David Smith was awarded the Philip Teichman Scholarship by the Inner Temple and the Poland (Treasurer’s) Prize when called to the Bar by the Inner Temple in 1980. He served as a member of the Supplementary Panel of Junior Counsel to the Crown (Common Law) from 1992 to 1999.

His advocacy and advisory work on behalf of both the public and the private sectors now focuses on planning and related matters having developed from a specialism in both landlord and tenant and planning.

His planning inquiry work embraces both shorter and longer public inquiries. For the longer inquiries this tends to involve multi-disciplinary teams of consultants ranging from the technical to the creative. His inquiry and advisory work covers a wide range of topics and has embraced a considerable number of mineral proposals (both deep mine and opencast), many road proposals, a number of deep sea ports, several major airport inquiries, and a proposal for a large intermodal freight exchange. David’s inquiry work also features many aspects regularly found in complex Environmental Impact Assessment (EIA) cases, such as air quality & emissions/depositions, noise, blasting, ecology & habitats, waste, flooding and water quality.

QUALIFICATIONS

David Smith read law at Brunel University and then at the London School of Economics. He is a member of the Planning and Environmental Bar Association, the Administrative Law Bar Association and the Compulsory Purchase Association.

CASES

29 Jul 2010

R (on the application of Garner) v Elmbridge Borough Council [2001] EWCA Civ 1006

The appellant (Garner) was appealing against a decision of Nicol J refusing him a PCO. It was common ground that the case was one to which Directive 85/337 (as amended by Directive 2003/35) applied which, in effect, transposes the principles of the Aarhus Convention into EU law.

03 Jun 2008

North Quay, Newhaven

A case concerning the successful challenge to a Compulsory Purchase Order

INQUIRIES

13 Nov 2008

Smithfield General and Annex Market, London EC1 (Inquiry)

Proposals for the redevelopment of buildings which make a positive contribution to a conservation area

03 Jun 2008

North Quay, Newhaven

A case concerning the successful challenge to a Compulsory Purchase Order

01 Jun 2005

Thames Gateway inquiry

Public inquiry into the £500m Thames Gateway bridge, a proposed new crossing of the River Thames in east London.

PUBLICATIONS

There are no publications available.