Graham Machin
- Year called:
- 1965
- Email:
- grahammachin@ropewalk.co.uk
- Qualifications:
- BCL, MA (Oxon): LARTPI, Lincoln College, Oxford.
- Practice areas:
- Regulatory, Business and Property, Planning and Environmental, Local Government
Graham Machin was called to the Bar in 1965.
His specialist areas are planning, environmental law, local government, business and property, regulatory, administrative law and real property; including professional negligence and criminal work related to these fields.
The law relating to biodiversity and nature conservation is a particular interest of his.
Advocacy experience includes public inquiries (most commonly planning appeals and call-ins, enforcement appeals, local plans and compulsory purchase inquiries), Administrative Court work (judicial review and statutory appeals), civil trials, criminal trials relating to breaches of planning and environmental legislation, references to the Lands Tribunal and arbitration.
Instructions are accepted through the Licensed Access Scheme.
Planning and Environmental
His planning practice is wide, covering forward planning, development control and enforcement and civil and criminal proceedings arising in all of these spheres.
His major planning public inquiries have included mineral planning (opencast coal, sand and gravel, peat extraction), the protection of nature conservation sites of national and international importance, coastal development and coast protection.
He has particular expertise in the interaction of nature conservation and land-use planning, and his public sector clients include Natural England (formerly English Nature).
His environmental work includes, amongst other subjects, biodiversity, land drainage, waste, pollution and statutory nuisance.
Major Public Inquiries
Opencast coal inquiries at Slayley (1987) Smotherfly, Rainge and Rockingham (1988) and Kirk Revised and Shilo North (1989);
Barnsley Interchange CPO Inquiry (1993);
Red Moss (UDP proposal for waste disposal on SSSI [1993]);
Walney Island (waste disposal and coast protection scheme [1993]);
Budle Bay Nature Conservation Order Inquiry (1994);
Local Plan and UDP inquiries at East Staffordshire (1994-5), Lichfield (1995-6) and Barnsley (1996-7);
Dronfield Retail Inquiry (1998-9);
Birling Gap coast protection scheme (2000);
Purbeck Local Plan Inquiry re: Holton Heath New Settlement (2001-2);
Dibden Terminal Inquiry (2002);
South Downs Way Public Path Creation Orders Inquiry (2004);
Little Cheyne Court Wind Farm Inquiry (2004);
East Staffordshire Local Plan Review Inquiry (2005);
Weymouth Relief Road Inquiry (2007);
the Mottram/Tintwistle Bypass Inquiry (2007);
Forest Pines Golf Course Extension Inquiry (2009);
Rufford Incinerator Inquiry (2009-2010);
South East Water, Water Resources Management Plan Inquiry (2010);
Talbot Village/Heath Inquiry (2011).
Local Government
Much of his planning and environmental work is set in a local government context and has at times involved him working for extended periods embedded within departmental teams.
In addition to those areas (separately summarised above) he deals with issues of governance, business rating and regulatory regimes such as highways and village greens.
Regulatory
His regulatory work includes the whole range of highway law. He has both promoted and opposed major highway schemes at public inquiries, most recently opposing Weymouth Relief Road and the Mottram and Tintwistle Bypass proposals on the instructions of Natural England.
His work relating to the registration, creation and extinguishment of bridleways and public footpaths has frequently involved the interpretation of inclosure awards and other historical material.
He is experienced in such areas as land drainage, commons and town and village greens.
His Lands Tribunal work includes compulsory purchase compensation and the extinguishment or modification of restrictive covenants.
Judicial review, arising in a wide variety of contexts, has formed a significant part of his work for many years.
Business and Property
His experience in business and property is widespread, but in recent years he has concentrated on matters involving real property.
He was formerly an external examiner of title for HM Land Registry, and is adept at interpreting and drafting documents of title.
Frequent areas of work are claims to or over land (including proprietary estoppel), nuisance, easements, boundary disputes, land registration, restrictive covenants and landlord and tenant.
General
Interests away from the Bar include family, gardening, music, art, natural history, walking, mental health, philosophy and sustainable futures.
Professional Membership
Planning and Environmental Bar Association (Committee 1992–99).
Administrative Law Bar Association.
Professional Negligence Bar Association.
United Kingdom Environmental Law Association (Member, and former convenor, of Nature Conservation Working Group, former Chair of East Midlands Group).
Legal Associate of the Royal Town Planning Institute since 1982 (Council Member 1992–1996).
Testimonials
"Graham Machin of Ropewalk Chambers is regarded as ‘a safe pair of hands’ and a ‘tremendously experienced advocate’ in the habitat and nature conservation arena. He handles cases at both a domestic and European level."
Chambers and Partners UK - Environmental
"...‘acclaimed specialist’ Graham Machin of Ropewalk Chambers ... is one of the most experienced barristers in the Midlands for habitat and conservation issues."
Chambers and Partners UK - Environmental
"Has a strong reputation as a ‘pleasant advocate’ who ‘covers all the bases’."
Chambers and Partners UK - Environmental
Reported cases
R (East Riding of Yorkshire Council) v Hobson (2008) ADC 61 (listed buildings) and R (Hart DC) v Sec of State for C and LG [2008] 2 P&CR 16 (operation of Habitats Regulations).
R v Nature Conservancy Council ex p London Brick Company [1996] Env LR 1 (both judicial review of confirmation of SSSIs).
R v Nature Conservancy Council ex p Bolton MBC [1995] Env LR 237.
Handoll v Warner Goodman and Streat (1995) 70 P&CR 627 (implementation of planning permission).
Calder v Kitson Vickers [1988] ICR 232 (duty of care and insurance).
Wiggington and Milner v Winster Engineering [1978] 1 WLR 1462 (construction of conveyances).



