Noémi Byrd

Planning

Noémi is instructed by local planning authorities, appellants, and third parties in the full range of planning and related enforcement matters. Her advice is sought particularly in cases where highways and planning issues overlap.  

She has experience of legally complex planning appeals concerning the effect of development on biodiversity and habitats (including development in ‘water neutrality’ zones), local authority and national emergency planning, rights of way, and Human Rights including private property rights.   

Recent work includes :  

• Chidswell Action Group v Kirklees Council  

Representing the claimant in this judicial review of a grant of planning permission for major residential development by the Church Commissioners on best and most versatile agricultural land next to ancient woodland. Permission to proceed has been granted on grounds relating to inadequate ecology conditions and biodiversity net gain.  

• APP/W0340/W/22/3312261 (inquiry) : Land to the rear of The Hollies, Burghfield, West Berkshire. Represented the Council on appeal against refusal of permission for 35 dwellings in the Detailed Emergency Planning Zone (DEPZ) of the Atomic Weapons Establishment at Burghfield, the Ministry of Defence and the Office of Nuclear Regulation appearing as Rule 6 parties.  

Issues : impact of the development on emergency response and public safety in the event of a nuclear emergency; interpretation of the development plan in the light of subsequent Regulations defining the DEPZ.  

• APP/Z3825/W/23/3333968  (inquiry, recovered for determination by the Secretary of State) : Kilnwood Vale Sub-Phase 3DEFG, Faygate, West Sussex. Successfully represented the Council in the third ‘water neutrality’ appeal in the Sussex North Water Resource Zone, where Natural England’s advice is that development should demonstrate water neutrality in order to avoid significant adverse effects on the Arun Valley SAC, SPA and Ramsar sites.  

Issues : whether a ‘Grampian’ condition should be imposed on the grant of planning permission for 280 dwellings and associated infrastructure, to ensure that the development is water neutral in accordance with Natural England’s advice (Council’s case) or whether such a condition fails the test of necessity (appellant’s case). For more information see Planning Resource, 1 November 2024.  

• APP/A2280/C/21/3280974 (re-hearing) : Land at Ingram Court, Gillingham, Kent. Successfully represented the appellant in securing retrospective planning permission for a block of flats following refusal of planning permission and issue of an enforcement notice.  

Issues : On-street parking pressure and highway safety; living conditions. This was a re-hearing following a successful statutory review in the Planning Court of the first Inspector’s decision to refuse the appeal and uphold the notice, in which Noémi represented the appellant (permission was granted on all Grounds including failure to consider whether the proposal accorded with the development plan as a whole).  

• Swire v Canterbury City Council and Redrow Homes Ltd  [2023] EWHC 1533 (Admin) Represented the Council at permission hearing in a judicial review of a grant of reserved matters approval for spine road serving major residential development. The Claimant contended that a fresh EIA was required prior to approval. Permission was refused.   

Advisory work includes the following areas :  

• Advertising consent and discontinuance  
• Common Land registration of site with development potential 
• Enforcement of CIL non-payment  
• Unlawful discharge of planning conditions 
• Flood risk management obligations 
• Fire safety as a material planning consideration
• Enforceability of Open Space covenants 
• Continuation of planning injunctions 
• Residential development on highway land 
• Impact of development on a religious site (agent of change, noise, privacy, Equality Impact Assessment issues) 
• Rural business expansion  

Highways

Noémi is frequently instructed by Highway Authorities and private clients to advise on powers and duties under the Highways Act 1980, and in particular on the difficulties that can arise where planning proposals necessitate the construction of new, or diversion / stopping up of existing, highways. 

She has a long-standing specialism in Definitive Map Modification Orders (DMMO) under the Wildlife and Countryside Act 1981, acting both for Order Making Authorities and landowners, and is a very experienced public inquiry advocate in this area of law, in addition to Commons and Village Green registration.  

Noémi is experienced in advising on historical maps and records as evidence of highway and other public rights over land. 

Recent instructions include :  

• Instructed by Hertfordshire County Council as an Inspector to determine an application for registration of a Local Nature Reserve as a Village Green.  
• McLeish v SSEFRA [2024] EWCA Civ 1562  Appeared as sole counsel for the appellant in the High Court and in the Court of Appeal (Civil Division) in a case concerning an “important point” as to the evidential effect of an original definitive map and statement where the current copy contains an error.  
• Footpath WB72, Kent Instructed by the OMA in a contested right of way case concerning dedication of a footpath over Crown Land.  
• ROW/3241912 Successfully represented the landowner in objecting to a DMMO adding a footpath running through her property. The Inspector accepted the landowner’s case that the route claimed was not a “way over land” but area over which the public wandered at will.  
• Advice on rights of way over a privately owned footbridge (whether the structure is “land” within the meaning of s.31 Highways Act 1980, and whether it is a fixture or a chattel).  
• Advice on the extent of permitted development rights for strategic highway improvement schemes enabling local plan development.   
• Advice on whether the landowner or the highway authority is responsible for repairs to a an historic highway bridge. 
• Advice on whether a planning obligation and condition are  ‘events’ creating a new right of way under s.53(3)(a)(iii) WCA 1981.

Administrative & public

While most of Noémi’s judicial and statutory review work is in the planning sphere (please see Planning practice area), she also advises and represents judicial and statutory review claimants, and defendant local authorities, in a range of areas from licensing to traffic regulation. She is currently instructed by a motorcycling campaign group in its judicial review of parking charges in a London Borough. 

Property

Noémi advises and represents companies and private clients in land use related property disputes, for example interference with easements of access and parking, and private nuisance. She is experienced in advising and representing clients suffering from neighbour noise and encroachment / trespass.

Noémi often makes use of her planning expertise in this area, for example where a neighbour’s implementation of planning permission creates a nuisance. Recent work includes advising on and securing a temporary halt to works for a noise-sensitive commercial client in the High Court, pending further planning proceedings.

Environment

Noémi’s environmental law work overlaps substantially with her planning practice. 

She is experienced in advising on the application of the Habitats Regulations, the protected species provisions in the Wildlife and Countryside Act, and the Environmental Impact Assessment Regulations, to planning decisions. She is also very familiar with the use of Natural England’s standing protected species guidance in the determination of planning applications and appeals. 

Regulatory

In addition to her planning enforcement practice, which includes related areas such as breach of Tree Protection Orders and unauthorised works to listed buildings, Noémi has experience of prosecuting and defending in her own right and as junior counsel the following areas of chambers’ regulatory work: Animal Welfare, Endangered Species, Food Standards, Health and Safety at Work, and Trading Standards. She is also well versed in Proceeds of Crime applications. 

Recommendations

Awards

Lord Justice Holt Award, Gray’s Inn (2004)

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.

Memberships

• UKELA
• PEBA

Languages

• Hungarian (fluent)
• French (conversational)
• Dutch (basic)

Education

• LLM International Business Law (BPP University Law School)
• Postgraduate Diploma in Law and Bar Vocational Course (BPP Law School)
• BA Hons. English Language and Literature (University of Oxford)

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