David Elvin KC

Call: 1983

Silk: 2000

David practices in planning, environmental and public law, as well as property related matters. He is a highly experience court and inquiry advocate.

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David Elvin KC

Practice summary

Environment

Planning

Property

Public and Administrative

Cross-practice

Practice Summary

David has appeared frequently in the High Court and Court of Appeal in England & Wales and in Northern Ireland, the Lands Chamber and the Supreme Court. David has been nominated for the Planning and Land Use Silk of the Year in the Legal 500 Awards 2024.

He has also appeared in the European Court of Human Rights, the Court of Justice of the European Union and the Court of Appeal and Court of Final Appeal in Hong Kong. Before taking silk, David was a member of what is now the “A Panel” of Treasury Counsel. He is called to the Bar of Northern Ireland and appears before the NI Courts and the Planning Appeals Commission.

David appears frequently in court and at inquiries at all levels and provides advisory and advocacy services for a wide range of clients, private and public. During his time as Treasury Panel counsel, he appeared in many planning and public law cases and acted for a wide range of government departments and bodies. As well as advising and representing private and commercial clients he has continued to act for central and local government, regulators and other and public bodies both in England & Wales and in Northern Ireland since taking silk.

David also sits as a Deputy High Court Judge in the KBD (Admin and Planning Courts and London Circuit Commercial Court) and as a Recorder in the Crown Court as well as an arbitrator, expert and mediator.

He is a Bencher of the Middle Temple.

David’s practice began in property law which expanded while a junior to include planning, environment and public law. He still undertakes property work, most frequently that closely related to public law issues and planning e.g. easements and covenants, electricity wayleaves, the statutory overriding and discharge of third party rights, compulsory purchase and compensation, countryside, agricultural and wildlife issues as well as trespass and protest cases (most recently the litigation against Insulate Britain).

David's planning and environmental work covers a wide range of planning work including housing, commercial, heritage, ecology, infrastructure, climate change, energy, minerals and waste and local plans and David has been particularly involved in waste, energy, environmental assessment and habitats issues recently (including water stress/neutrality issues and nutrient neutrality). Public law work includes compulsory purchase and compensation, highways and public rights of way, local government law and disputes over electricity wayleaves and easements.

Recent cases include R (Finch) v Surrey CC [2024] UKSC 20 (EIA and “downstream” effects of oil production), Re No Gas Caverns Ltd's Application for Judicial Review [2024] NICA 50 (undersea gas storage, NI constitutional law/executive referral), Protect Dunsfold Ltd v Sec of State [2024] JPL 183 (gas exploration and climate change), R. (Wyatt) v Fareham BC 83 [2023] P.T.S.R. 1952 (habitats assessment and nutrient neutrality), Secretary of State for Transport v Curzon Park Ltd [2023] 1WLR 2762 (HS2 CPO compensation – certificates of appropriate alternative development), Arnold White Estates Ltd v Forestry Commission [2023] PTSR 242 (interrelationship between planning and forestry felling licences), Jones v MOD [2022] Env LR 13 (noise nuisance claim against RAF fast jet training), National Highways Ltd v Springorum [2022] EWHC 205 (QB) (committals for breaches of injunctions preventing highways trespass), Wild Justice v Natural Resources Wales [2021] Env LR 24 (wildlife licensing), Southwark LBC v. Transport for London [2020] AC 914 (vesting of London strategic highways) and Canterbury CC v Secretary of State [2019] JPL 1321 (habitats mitigation following People over Wind).

Recent major inquiries: opposing the Immingham Eastern Ro-Ro Terminal DCO (hearings 2023, continuing), promoting the City of York Local Plan at examination (2019 onwards), Whitechapel Bell Foundry (restoration and reuse of heritage assets) (2020/21), Portland Energy Recovery Facility Inquiry (December 2023, energy from waste plant on the Isle of Portland), Northacre Energy from Waste Facility (2022/3) (energy from waste plant in Wiltshire) and Loxley Exploratory Gas Well, Dunsfold (2021-2) and opposing the Barking Vicarage Fields CPO (unviable town centre CPO) (2022).

Environment

Planning and environmental work covers a wide range of planning work including housing, commercial, heritage, ecology, infrastructure, climate change, energy, minerals and waste and local plans and David has been particularly involved in waste, energy, environmental assessment and habitats issues recently (including nutrient neutrality).

 'David's particular strengths are his advocacy skills. One knows when instructing him that one has an excellent advocate on their team who can be relied on to deliver a first rate service for the client. He delivers incredibly clear, concise and commercial; advice. He is incredibly bright but also down to earth and a joy to work with.' - Legal 500

Planning

David's planning and environmental work covers a wide range of planning work including housing, commercial, heritage, ecology, infrastructure, climate change, energy, minerals and waste and local plans and David has been particularly involved in waste, energy, environmental assessment and habitats issues recently (including nutrient neutrality). 

He specialises in judicial reviews involving planning, infrastructure and property. David is well known for his handling of public inquiries relating to planning and development.

"As planning silks go, he is top of the tree. A brilliant brain and good to work with." Chambers and Partners

Property

David’s practice began in property law which expanded while a junior to include planning, environment and public law. He still undertakes property work, most frequently that closely related to public law issues and planning e.g. easements and covenants, electricity wayleaves, the statutory overriding and discharge of third party rights, compulsory purchase and compensation, countryside, agricultural and wildlife issues as well as trespass and protest cases (most recently the litigation against Insulate Britain).

"Formidable and a go-to person on the complex legal issues providing clear commercial advice. He is a very impressive advocate." Chambers and Partners

Public and Administrative

David's public law work includes compulsory purchase and compensation, highways and public rights of way, local government law and disputes over electricity wayleaves and easements. He represents public bodies and private clients in contentious and non-contentious administrative law matters. He is well known for his handling of public inquiries relating to planning and development. 

"David has a fabulously broad practice, so he draws upon experience from lots of different judicial reviews." Chambers and Partners

Cross-practice

Landmark's barristers often work at the intersection of our core practice areas; bringing a wide range of skills, knowledge and experience to bear on a particular dispute or issue facing a client.

Our focus is always on achieving the best possible outcome for our client. By viewing the client's objectives in a holistic way - and not purely through the lens of one rigidly-defined legal area - we deliver the best possible advice and representation in complex matters that engage multiple specialist areas of law. 

Whether it's providing support as an individual cross-practice barrister or a cross-disciplinary team of Landmark counsel, we are able to draw on an outstanding array of complementary skillsets and knowledge bases. This often achieves a better result than instructing multiple barristers from different specialist sets. This also improves the quality of client care through increased levels of communication, quicker response times, and a coordinated approach to clerking and fees, made possible by our team-based cross-practice approach.

Please contact our practice management team for more information.

ADR

Energy

EU Law post-Brexit

Highways and Rights of Access

Local Government

Public Works Projects

Specialisms

Aarhus Convention and Environmental Justice

Air Quality

Climate Change and Emissions Trading

Ecology and Biodiversity

Energy

Environmental Assessment (Environmental Outcomes)

Environmental Enforcement

Environmental information

Environmental Regulation

Habitats and Species

Nuisance

Pollution and Contaminated Land

Protection of the Countryside

Utilities

Waste

Water

Wildlife

Specialisms

Commercial/Retail

Compulsory Purchase and Compensation

Development Consent Orders

Development Contracts and Overage

Development Contribution: Section 106 and CIL

Development Plans and other planning policy

Energy

Environment

Green Belt

Heritage

Highways, Footpaths and Rights of Way

Infrastructure

Marine Planning and Harbour Orders

Minerals and Waste

Neighbourhood Planning

Planning Appeals, Inquiries and Hearings

Planning Enforcement and Injunctions

Planning Judicial and Statutory Reviews

Residential

Transport Orders and Parliamentary Bills

Specialisms

Agricultural Law

Boundary and Ownership Disputes

Easements and Profits a Prendre

Highways and other Transport Infrastructure

Land Registration and Adverse Possession

Property Development including Overage disputes

Protestor Injunctions

Public Sector and Local Government Property issues

Rights of Light

Riparian Rights, Watercourses and Harbours

Squatters and other Trespass

Village Greens, Commons and Manorial Rights

Specialisms

Energy and Utilities

EU Law post-Brexit

High Court Planning

Human Rights and Civil Liberties

Judicial Review

Local Government including Local Government Finance

Procurement and Subsidy Control

Property Judicial Review

Public Inquiries and Inquests

Specialisms

ADR

Energy

EU Law post-Brexit

Highways and Rights of Access

Local Government

Public Works Projects

"
David is one of the outstanding intellects in the field. He has the mental capacity to take on multiple complex mandates and performs to the highest possible standard.” "[A] go-to person on the complex legal issues providing clear commercial advice. … a very impressive advocate."

Chambers and Partners

Elvin David UK Leading silk 2025 The Planning Law Survey 2024 WWL Environment 2022 Rosette

Personal Highlights

news

Costal plants

15 07 2022

Court of Appeal rules on application of Natural England's nutrient neutrality guidance - R…

news

4l image Horse Hill Oil Field

10 08 2022

Supreme Court to review EIA and downstream effects - R (Finch) v Surrey CC [2022] PTSR 958…

news

Birmingham City scaled

21 04 2023

Secretary of State for Transport v Curzon Park Limited and others (SC/2021/0120)

news

Bells 5073209 1920

17 05 2021

Secretary of State approves proposals for the former Whitechapel Bell Foundry

inquiry

Energy From Waste

21 02 2023

Planning permission granted on appeal for Wiltshire Energy from Waste facility

cases

Oil Drill

20 07 2023

High Court dismisses challenge to on-shore gas exploration project

news

Outer London

12 10 2022

Inspector refuses to confirm Barking town centre CPO

Qualifications and achievements

Qualifications

  • B.A. (First Class) in Jurisprudence, Hertford College, Oxford (1981)
  • BCL, Hertford College, Oxford (1982)

Awards

  • Bar Prize for Finance, Commerce and Industry (1982)
  • Silk of the Year in Environment and Planning at the Chambers & Partners Bar Awards (2008)

Memberships

  • Bencher and member of the Middle Temple
  • Boundary Commission for England (2009)
  • Chairman of the St Paul’s Covent Garden Millennium Trust
  • Member of the Inn of Court of Northern Ireland
  • Formerly a member of the Treasury Panel of Junior Counsel (Common Law) (now the “A Panel) (until 2000)

Publications

Recommendations

  • "He has significant experience which means he is able to deliver great insight, identify key issues on any project and formulate a strategy which maximises the client's prospects of a success."

    Planning, Legal 500, 2025

  • "He's fantastic: an authority to be reckoned with." "A man at the top of his game who speaks with authority in court. He has an ability to zoom in on the main points of the case." "David is exceptionally bright and has extensive experience. That makes him a formidable barrister to have on your side."

    Environment, Chambers and Partners, 2024

  • "David remains very much at the top of his game as one of the UK's leading planning silks." "David is user-friendly and great with clients."

    Planning, Chambers and Partners, 2024

  • "David Elvin is a leader in the space and a very respected senior silk." "David Elvin is clever, highly knowledgeable and very good in court."

    Agriculture and Rural Affairs, Chambers and Partners, 2024

  • "He has an ability to zoom in on the main points of the case." "David understands strategy and how to pitch cases."

    Administrative and Public Law, Chambers and Partners, 2024

  • "David is incredibly strong across the board and provides succinct and clear advice which clients are able to easily understand and assimilate. David is also very approachable and responsive."

    Local Government, Chambers and Partners, 2024

  • "David is a formidable barrister to have on your side."

    Environment, Legal 500, 2024

  • "David remains at the top of his field and one of the pre-eminent planning barristers in the UK. He is a clear, incisive and skilled in his cross-examination, with a remarkable grasp of a variety of technical issues in even the most complex cases. David leads from the front."

    Planning, Legal 500, 2024

  • "An impressive intellect and ability to identify critical issues, both in writing and in court."

    Local Government, Legal 500, 2024

  • "He is a formidable advocate and has the ability to cut through large amounts of documents to the key points of the case. He always delivers in a very clear and decisive manner." "A brilliant brain and provides very strong client service."

    Administrative and Public Law, Chambers and Partners, 2023

  • "He knows everything, and is just super." "He is energetic, gives clear, decisive advice."

    Environment, Chambers and Partners, 2023

  • "He is an excellent advocate and a good all-rounder."

    Agriculture and Rural Affairs, Chambers and Partners, 2023

  • "He is incredibly intelligent - he must have two brains." "David is an excellent advocate."

    Local Government, Chambers and Partners, 2023

  • "David has a fabulously broad practice, so he draws upon experience from lots of different judicial reviews." "As planning silks go, he is top of the tree. A brilliant brain and good to work with." "Formidable and a go-to person on the complex legal issues providing clear commercial advice. He is a very impressive advocate."

    Planning, Chambers and Partners, 2023

  • "An excellent advocate and extremely knowledgeable about all aspects of local government law and powers."

    Environment, Legal 500, 2023

  • "David's particular strengths are his advocacy skills. One knows when instructing him that one has an excellent advocate on their team who can be relied on to deliver a first rate service for the client. He delivers incredibly clear, concise and commercial; advice. He is incredibly bright but also down to earth and a joy to work with."

    Planning, Legal 500, 2023

  • "He is passionate about his work and provides excellent, clear-cut advice." "He has an encyclopedic brain and is a huge presence at the planning Bar."

    Administrative and Public Law, Chambers and Partners, 2022

  • "He is mega bright and can do anything."

    Agriculture and Rural Affairs, Chambers and Partners, 2022

  • "He is terrific to work with." "He is great on environment work."

    Environment, Chambers and Partners, 2022

  • "His work ethic and his commitment to doing the best he can for his clients are very impressive."

    Local Government, Chambers and Partners, 2022

  • "David Elvin is incisive, gets to the key point quickly and then skillfully and mercilessly takes apart the weaknesses in the other party’s case and witnesses’ evidence." "He has encyclopedic knowledge of planning and compensation issues." "He knows all the answers and commands the room whether with clients or in court."

    Planning, Chambers and Partners, 2022

  • "At the forefront of environmental law since the beginning, he is a heavy hitter, who is brilliant, genuine and kind."

    Environment, Legal 500, 2022

  • "David is one of the outstanding intellects in the field. He has the mental capacity to take on multiple complex mandates and performs to the highest possible standard. Clients have enormous confidence in his abilities particularly on projects involving a bet the ranch position. His collection of rare skills means he is in high demand."

    Planning, Legal 500, 2022

  • "He’s at home with complex legal principles and he has a busy practice.” “He has a very fluent and precise but flexible style of advocacy – he deals with new developments very comfortably. He has a very good sense of when to give ground and when to carry on pushing."

    Administrative and Public Law, Chambers and Partners, 2021

  • "He is a phenomenally good lawyer and can turn his mind to anything and will get on top of the subject." "David is a dynamo; he has a fantastic capacity for work and mastering really difficult, detailed cases."

    Agriculture and Rural Affairs, Chambers and Partners, 2021

  • "He has encyclopaedic knowledge." "He has great gravitas." "He has a fluent, precise but flexible style of advocacy."

    Environment, Chambers and Partners, 2021

  • "Very responsive and clear and decisive in his advice." "He’s clever, hard-working and very knowledgeable. He’s also very smooth and persuasive in court."

    Local Government, Chambers and Partners, 2021

  • "He is one of the smartest counsel and he’s got the ability to provide very sound judgement and good, robust advice." "He’s very confident and clear, and he’s calm and very persuasive in the courtroom."

    Planning, Chambers and Partners, 2021

  • "Terrific brain power and breadth of expertise – but always willing to hear your point of view and adapt his thinking to take on board your arguments. Always responsive and charming to deal with. Very client friendly."

    Planning, Legal 500, 2021

  • "A leading silk with wide knowledge of the law, as well as terrific brain power and breadth of expertise."

    Environment, Legal 500, 2021

  • "He’s known for his multitasking and that really shows when you instruct him. And for someone who’s known as one of the best planning brains, he’s so friendly and approachable. His advocacy is entertaining too: he’s succinct and brief, and he knows exactly what he wants to say and says it very well."

    Administrative and Public Law, Chambers and Partners, 2020

  • "He's an extremely clever man and a very good lawyer." "He's very much at the top of his game."

    Agriculture and Rural Affairs, Chambers and Partners, 2020

  • "He has a commanding presence and the ear of the court." "He is extraordinarily bright, very personable and very easy to get along with."

    Local Government, Chambers and Partners, 2020

  • "One of the foremost authorities on most of the really difficult areas of planning law." "What he doesn’t know about planning law isn’t worth knowing."

    Planning, Chambers and Partners, 2020

  • "David’s recall of seemingly the entire body of European case law, regulation and Directives makes him the go-to lawyer for any black letter question involving European environmental or planning law." "He commands respect and is an excellent advocate." "He is an absolute dream to work with."

    Environment, Chambers and Partners, 2020

Practice Managers

Contact our friendly and helpful Practice Managers for more information about our barristers and services or to make an enquiry.

Ben Connor

Practice Director

Michael Gooch

Deputy Practice Director

Jonathan Barley

Practice Manager
Ben Connor

Ben Connor

Practice Director

020 7421 2483

Michael Gooch new

Michael Gooch

Deputy Practice Director

020 7421 1305

Jonathan Barley new

Jonathan Barley

Practice Manager

020 7421 2480

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