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David Smith

Call: 1980
Email: dsmith@landmarkchambers.co.uk
Phone: +44 (0) 20 7430 1221
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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

Inquiries

Smithfield General and Annex Market, London EC1

13/11/2008

Proposals for the redevelopment of buildings which make a positive contribution to a conservation area. Particular interest lies in design, conservation, and planning issues complicated by engineering issues relating to the requirement to replace the lids covering Thameslink which runs beneath the site. 8 week call in Inquiry (November 07 – January 08). Acting for City of London (Planning Authority and site owner) supporting the proposal. Instructing solicitor Deborah Cluett. Other main parties Thornfield (applicants), English Heritage and SAVE (objecting). No decision yet.

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Inquiries

Glyndebourne Wind Turbine Challenge

18/07/2008

This inquiry concerned a proposal for a 230ft high turbine, supported by Sir David Attenborough, who was in favour of the site producing its own renewable energy.

It will be built near a former windmill on Mill Plain, between the villages of Glyndebourne and Ringmer in East Sussex, after approval from Communities Secretary Hazel Blears.

David Smith acted for the objectors.

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Inquiries

North Quay, Newhaven

03/06/2008

A case concerning the successful challenge to a Compulsory Purchase Order.

This case concerned negotiations with the owners of the land at North Quay, Newhaven to acquire it for the construction of the Energy from Waste (EfW) facility.

Agreement with the land owners could not be reached, and in February 2007 a Compulsory Purchase Order to acquire the land was made by East Sussex county council.

David Smith acted for the objectors, who successfully opposed the new facility.

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Inquiries

Air and Sea Port Inquiries

01/04/2008

David has a wide range of experience in inquiries realted to Air and Sea ports.

He has appeared on behalf of the National Trust in the objections for Stanstead G1 (and now G2), and in the inquiry for Heathrow Terminal 5 for the LPA in Hillingdon.

David has also appeared on behalf of the Highways Agency in inquiries for the sea ports at Shellhaven, Thames Gateway, Bathside Bay and Felixstowe. In all these cases, substantial contributions to transport infrastructure were secured.

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Inquiries

Port gains approval in Thames Gateway

01/07/2007

Landmark barristers played a significant part in securing planning permission after years of delay for a major port scheme in the Thames Gateway.

The London Gateway scheme at Shellhaven will be comprised of up to seven container vessel berths and a roll-on-roll-off facility along 2.7km of the quayside on the site of the former Shell oil refinery in Thurrock.

Developer DP World plans to invest about 1.5 billion in the project over the next 10 to 15 years. Construction is planned to begin later this year, with the first occupiers being in place within 12 to 18 months and the port operational from 2010.

The port will provide 1,900 jobs, with thousands more in a logistics and business park next to the port. A public inquiry into the development was held in 2003. An inspector recommended conditions to mitigate the scheme’s impact, particularly on the roads network.

The government issued two letters of approval. No development could take place until its concerns over congestion were allayed, it insisted. Transport Minister Gillian Merron said: “It has taken time to finalise this decision. But it was right to consider it carefully.”

Christopher Katkowski QC promoted and was instructed by MacFarlanes, David Forsdick represented the Royal Society for the Protection of Birds (RSPB), David Smith represented the Treasury Solicitors, Eian Caws represented the Strategic Rail Authority (SRA), Nathalie Lieven QC represented Transco (British Gas) and William Hicks QC and Matthew Reed represented BP Oil.

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Inquiries

Felixstowe South Port Reconfiguration

01/02/2006

The Transport Minister Derek Twigg has announced that he has approved the proposals for a new container terminal at Felixstowe South.

The proposals by Hutchinson Ports involve the reconfiguration of the Landguard terminal as a deep-sea container port, adding almost one kilometre of quayside for the handling of more containers.

David Smith acted for the Highways Agency with whom the developer agreed a package of traffic and demand management measures and developer-funded works to protect the trunk road network affected by the development.

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Wednesday 1 February 2006 10:12
Department for Transport (National)

FELIXSTOWE SOUTH PORT RECONFIGURATION IS APPROVED

Transport Minister Derek Twigg announced today that he has approved the proposals for a new container terminal at Felixstowe South.

The proposals by Hutchison Ports involve the reconfiguration of the Landguard terminal as a deep-sea container port, and would add almost one kilometre of quayside dedicated to the handling of more containers at Felixstowe.

The Office of the Deputy Prime Minister is also granting planning permission today for the landward works forming part of the reconfiguration proposals.

The decision to approve the new terminal is in line with the recommendation of the Inspector who reported last year on the public inquiry held into the proposals in 2004.

Commenting on the announcement, Derek Twigg said:

“The proposed reconfiguration of the port will contribute significantly to meeting the national need for additional container handling capacity in a sustainable manner. I am satisfied that the proposals’ impacts on infrastructure and on the environment are acceptable and are adequately addressed by the proposed package of mitigation and other measures agreed by the promoters.

“It is important to ensure that the wider impacts of major port developments are fully taken into account.”

{C}

Notes to Editors

1. Hutchison Ports UK, owners of the Felixstowe Dock and Railway Company, have made applications to the Secretary of State for Transport for a Harbour Revision Order, a Transport and Works Act Order and consent under the Coast Protection Act for various works and powers. There is also an associated application by the Harwich Haven Authority for a Coast Protection Act consent for capital dredging.

2. Hutchison Ports’ associated application for planning permission is being determined in parallel today by the Office of the Deputy Prime Minister.

3. A public local inquiry into all the applications, which are interdependent, was held between October and December 2004. The Inspector considered all the arguments for and against the proposals, and reported in April 2005 recommending approval of the applications, subject to conditions.

4. The Ministers’ reasons for approval of the proposals are set out in the decision letters which are being sent today to all interested parties.

Public Enquiries: 020 7944 8300
Department for Transport Website: http://www.dft.gov.uk

Client ref 2006-007

GNN ref 128026P

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Inquiries

Bathside Bay Container Terminal

21/12/2005

Inquiry in to the expanison of capacity at the Harwich Port in Essex.

Following the inquiry consent to go ahead with the develoment was given by the Parliamentary Under Secretary of State for Transport, Derek Twigg on 29.3.06.

David Smith acted for the Highways Agency

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Inquiries

Thames Gateway inquiry

01/06/2005

Landmark barristers played a significant part in securing planning permission after years of delay for a major port scheme in the Thames Gateway.

The London Gateway scheme at Shellhaven will be comprised of up to seven container vessel berths and a roll-on-roll-off facility along 2.7km of the quayside on the site of the former Shell oil refinery in Thurrock.

Developer DP World plans to invest about 1.5 billion in the project over the next 10 to 15 years. The port will provide 1,900 jobs, with thousands more in a logistics and business park next to the port. A public inquiry into the development was held in 2003. An inspector recommended conditions to mitigate the scheme’s impact, particularly on the roads network.

The government issued two letters of approval. No development could take place until its concerns over congestion were allayed, it insisted. Transport Minister Gillian Merron said: “It has taken time to finalise this decision. But it was right to consider it carefully.”

Christopher Katkowski QC promoted and was instructed by MacFarlanes, David Forsdick represented the Royal Society for the Protection of Birds (RSPB), David Smith represented the Treasury Solicitors, Eian Caws represented the Strategic Rail Authority (SRA), Nathalie Lieven QC represented Transco (British Gas) and William Hicks QC and Matthew Reed represented BP Oil.

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Inquiries

Hearing for judicial review of Airports White Paper

13/12/2004

Richard Drabble QC, Tim Mould and Carine Patry act for the Government.

David Smith and Dan Kolinsky act for the London Borough of Wandsworth, the London Borough of Hillingdon and three local interest groups.

As “The Lawyer” noted on 13 September,

“Landmark Chambers and 4-5 Gray’s Inn Square have monopolised the case, which is set down for six days in December in the High Court.”

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Inquiries

Dibden Bay Deep Sea Container Terminal (Nov 2001 – Dec 2002)

01/12/2002

Major inquiry into new container port at Southampton. Ran from November 2001 to December 2002. Richard Drabble QC and Graeme Keen acted for New Forest DC and Hampshire CC, the principal opponents to the scheme. David Elvin QC and David Forsdick acted for RSPB. David Smith acted for Defence Estates/MOD.

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