Expert Witness Support for Common Land Consent Public Inquiry

The Brief

Lambeth Council sought expert ecology and arboriculture support in relation to a proposed temporary music festival on Clapham Common.

A Common Land Consent application (under the Ministry of Housing and Local Government Provisional Order Confirmation (Greater London Parks and Open Spaces) Act 1967) had initially been refused. The Council lodged an appeal, triggering a Public Inquiry in June 2023.

We were appointed at short notice to provide technical assessments, prepare proofs of evidence and act as expert witnesses to support the Council’s case.

Our Role

We delivered comprehensive ecology and arboriculture support, including:

• Preliminary Ecological Appraisal (PEA) incorporating UK Habitat Classification survey
• Ecological desk study
• Preliminary Roost Assessment (PRA) of buildings and trees for bats
• Arboricultural review and technical input

Beyond survey work, we played a central role in the Public Inquiry process:

• Detailed review of objectors’ ecology and arboriculture arguments
• Close liaison with the Council’s legal team, including King’s Counsel
• Preparation of formal Proofs of Evidence for ecology and arboriculture
• Attendance and representation as expert witnesses at the Public Inquiry

All technical documentation was prepared within a compressed programme of approximately seven weeks.

Key Challenges

The principal challenge was responding robustly to ecological and arboricultural objections within a tight timeframe.

We addressed this by:

• Rapid mobilisation of survey teams
• Early and ongoing collaboration with legal advisors
• Clear, evidence-led technical reporting
• Maintaining consistent communication with the wider project team

This ensured that the ecological and arboricultural case presented to the Planning Inspector was clear, defensible and proportionate.

Outcomes

• Submission of PEA, PRA and detailed Proofs of Evidence
• Professional representation at Public Inquiry
• Appeal upheld by the Planning Inspector
• Common Land Consent granted
• Event permitted to proceed

The decision confirmed that, with appropriate safeguards and management measures, the temporary event would not result in unacceptable ecological or arboricultural harm

Client Feedback 

“London Borough of Lambeth required expert evidence and witness support with a high profile public inquiry and at short notice required site visits, detailed proofs of evidence, consultancy, advice and attendance at many meetings in relation to arboricultural and environmental issues.

Thomson were immediately responsive to our requirements and offered reassurance at every step. They are knowledgeable in their fields and gave us confidence at every stage, submitting detailed documentation under very short timescales. They also appeared as expert witnesses within the public inquiry and represented the council in their respective fields with professionalism and expertise.
You supported the team and provided excellent customer service and immediate responses to all of our many requirements. Our lawyers and KC spoke incredibly highly of them throughout the process and I would recommend them to any organisation that required their services.”