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    "He is a tenacious advocate who really fights his corner."

    Chambers and Partners, Juan Lopez

Juan Lopez

Year of call: 2002

Practice areas: Planning, Environment, Compulsory Purchase and Compensation, Major Infrastructure Projects, Local Government, Rating, Public Law, European Law

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Juan Lopez

Practice Profile

Juan's practice incorporates planning and major infrastructure, compulsory purchase, compensation and land valuation, environmental law (including environmental impact assessment, waste, water and nuisance), highways and public rights of way, property (including rating) and asset confiscation (POCA). He has particular experience in judicial review claims and statutory challenges as well as in professional negligence claims arising in these areas. He was ranked first of all planning barristers in the Planning Magazine Survey 2015 for Planning Court appearances.

He is ranked annually as a top rated planning junior.

Appearing in the higher courts, at inquiries and hearings as well as before other tribunals, Juan regularly acts on behalf of developers and promoters, local authorities and interested parties.

  • "Commercially aware and prompt with advice."  Legal 500, 2016

  • "Accessible and tenacious" practitioner "who has achieved some spectacular results'' and who is ''not afraid to put his hard hat on when going into battle'' The Legal 500

  • "A very confident and clear adovoate, with a relaxed and direct style" Chambers and Partners, 2015

  • "Extremely professional and diligent" Chambers and Partners, 2015

Experience

TOWN AND COUNTRY PLANNING

Juan acts on major planning projects including retail, housing, industrial, leisure, rural and mineral and waste planning.

Instructions include:

  • Shell Centre, South Bank: call-in application for mixed use scheme comprising part demolition of Shell Centre to enable the development of 8 buildings (of 5 to 37 storeys) for office, residential, retail and community/leisure uses, including consideration of the development on the historic environment including the impact on the Westminster World Heritage Site.
  • Renewables: promoting onshore schemes in Cambridgeshire and Cornwall (and advising on related statutory challenges); resisting multiple sites in Northants
  • Network Rail infrastructure
  • Housing: call-in scheme for 800+ homes and associated infrastructure in South Gloucestershire; call-in parallel schemes for large scale residential development in the Green Belt and the redevelopment of AONB land for housing in Essex
  • Retail: lawful use appeals concerning unrestricted retail use and the amalgamation of planning units; resisting superstore development near Bromley
  • Planning obligations/affordable housing: acting for Allied Irish Bank (UK) on releasing affordable housing obligations and offset payments; advising on the discharge of affordable housing conditions by unilateral undertaking
  • Heritage: advising on the use of land adjacent to Grade I Kensington Palace and Gardens, Burberry Building SW1, Mayfair Conservation Area W1 development, the redevelopment of Grade II* Darsham Hall, Hampstead Garden Suburb development
  • Special Protection Area/Special Area of Conservation development (SANGS and SAMMS) 
  • Leisure: promoting the Longine Global Champions Tour equestrian tournament (London)
  • Advertising control: A40 (W3/W12) advertisement removal notice project (comprising 40+ removal notices)
  • CIL Regulations
  • Neighbourhood plan making

Juan has considerable experience of planning enforcement, appearing at inquiry and in the courts, and in (final and interlocutory) injunction and contempt proceedings, acting for both applicants and defendants. Cases include: Environment Agency v Hughes [2014] EWHC 2484 (QB) and Smith v Doncaster MBC [2014] EWCA Civ 16.

INFRASTRUCTURE

Juan is instructed in respect of a wide range of infrastructure development projects, including proposals under the Transport and Works Act. He has advised in the context of multiple NSIPs. Other infrastructure work includes wind energy schemes, promoting in Cambridgeshire and Cornwall and resisting in Northants.

Instructions include:

  • Anglian Water Services
  • Thames Water
  • Network Rail
  • Willi Betz GmbH & Co

COMPULSORY PURCHASE, COMPENSATION, LAND VALUATION AND RATING

Juan has significant experience in promoting and resisting CPOs. He is experienced in land valuation and regularly advises both claimants and acquiring authorities. His compensation work has included consideration of a broad range of issues including planning assumptions, injurious affection, business losses, Pointe Gourde, betterment and costs.

Instructions include:

  • A50 Growth Corridor (Uttoxeter) CPO 2014
  • HS2: advising landowners on compensation
  • London Borough of Southwark v Kingpin Ltd, Vumpine (University of Manchester) v Secretary of State and Land at Bethnal Green Road: resisting inclusion of residential order property (planning assumptions relevant to valuation and ransom land)
  • Multiple ransom valuation claims, including enhanced value
  • Blight notices: CPO and compensation
  • Town regeneration: CPO and compensation
  • Wayleaves claims
  • CPO (judicial review): liability in costs following service of discontinuance notice under CPR r. 38.3 (Mount Cook Land Ltd. v Westminster City Council principle)
  • Departure Foundation v London Borough of Hounslow: charitable rates relief
  • Land at The Wireworks, London SE1: considering Secerno Ltd, Sportsworld Ltd & Xou Solutions Ltd v Oxford Magistrates' Court & Another [2011] EWHC 1009 (Admin) and Regulation 42 of the Non-domestic Rating (Alteration of Lists and Appeals) (England) Regulations for liability assessment
  • Alamin v Sevket: appeal against finding of non-compliance with section 214 Housing Act 2004 (residential occupation under an assured shorthold tenancy); jurisdictional competence, applying Draycott v Hannells Letting Ltd [2010] EWHC 217

LOCAL PLANS

  • South Cambridgeshire Local Plan Examination (2014/15)
  • Generally advising local authorities and objectors

ADMINISTRATIVE AND PUBLIC LAW

Juan is one of the most experienced planning juniors in the field of judicial review and statutory challenge. He was ranked first of all planning barristers in the Planning Magazine Survey 2015 for Planning Court appearances. His instructions frequently include claims incorporating discussion of EU law, Aarhus and protective costs orders.

Cases include:

  • Mordue v Secretary of State for Communities and Local Government [2015] EWHC 539 (Admin): section 66 Planning (Listed Buildings and Conservation Areas) Act 1990
  • Wood v Secretary of State for Communities and Local Government [2015] EWCA Civ 195: Green belt development
  • Kendall v Rochford District Council [2014] EWHC 3866 (Admin): SEA Directive and Regulations compliance
  • R (on the application of Save Britain's Heritage) v Gateshead MBC [2014] EWHC 896 (Admin): 'demolition' for the purposes of EIA development under the EIA Directive and Regulations (following on from the series of [2010] cases)
  • R (on the application of Gibson) v Mid Sussex DC [2014] EWHC 1296: alternative sites assessment
  • South Northamptonshire Council v Secretary of State for Communities and Local Government [2013] EWHC 11 (Admin): 'due priority' to the development plan in decision-making; national and regional need for renewable energy
  • Lambrou v Secretary of State for Communities and Local Government [2013]: scope of 'second-bite' enforcement under section 171B Town and Country Planning Act 1990
  • Cogent LLP v Rochford District Council [2012] EWHC 2542 (Admin): SEA challenge to Core Strategy housing policies (selection of alternatives for general housing locations; comparative assessment of location alternatives)
  • R (oao Coleman) v London Borough of Barnet [2012] EWHC 3100 (Admin) (injunction); [2012] EWHC 3725 (Admin); R (oao Coleman) v London Borough of Barnet [2011] (consent order): discharge of section 149 Equality Act 2010 duty engaged by development
  • Land at Tideway Wharf: challenge to mixed use development comprising 752 residential units, hotel and commercial uses
  •  R (oao Save Britain's Heritage) v (1) Secretary of State for Communities and Local Government (2) Gateshead Metropolitan Borough Council [2010] EWCA Civ 1500 [No.2]: lawfulness of prior approval; meaning of "demolition" for the purposes of EIA development under EIA Directive and Regulations; characterising "salami-slicing" within the context of multi-phase demolition and regeneration schemes; see also: R (oao Save Britain's Heritage) v Secretary of State for Communities and Local Government (2) Gateshead Metropolitan Borough Council (Admin) [2010] EWHC 2919 (Admin) [No.1]

Juan also advises on the exercise of statutory powers by local authorities. Examples include: DPD adoption; delegated authority to act and general constitutional powers and decision-making procedural irregularities.

ENVIRONMENTAL

Juan's practice spans the full range of environmental law areas, including contaminated land, waste, species and habitats protection, water law, nuisance, EIA and SEA. He advises regularly on the application of Aarhus and liability under the contaminated land regime.

Instructions include:

  • Nuisance (statutory and common law): especially noise, odour and industrial deposits; proofing and general abatement strategies
  • Ashdown Forest Special Protection Area/Special Area of Conservation (SANGS and SAMMS): advising in respect of mitigation strategies, ecological monitoring studies and Habitats Regulations assessments 
  • Advising on Environmental Permitting Regulations 2010
  • Advising on waste treatment and recycling facilities
  • Kendall v Rochford District Council [2014] EWHC 3866 (Admin): SEA Directive and Regulations compliance
  • R (on the application of Save Britain's Heritage) v Gateshead MBC [2014] EWHC 896 (Admin): 'demolition' for the purposes of EIA development under the EIA Directive and Regulations (following on from the series of [2010] cases)
  • Cogent LLP v Rochford District Council [2012] EWHC 2542 (Admin): defending a SEA challenge made to Core Strategy housing polices (selection of alternatives for general housing locations and comparative assessment of housing location alternatives)
  • Seventyholds Limited v Thurrock Borough Council and Essex County Council: high value land contamination claim; landfill, leachate treatments and crop die-back
  • Land downstream of Acle Bridge, Fleggburgh, Norfolk: opposing Environment Agency flood banks scheme; advising on the suitability of a flood defence options framework and alternative proposals for water space management in the context of safeguarding moorings, recreational navigation rights and the statutory flood defence function
  • R (on the application of Save Britain's Heritage) v Secretary of State for Communities and Local Government and Gateshead Metropolitan Borough Council [2011] EWCA Civ 1500: lawfulness of prior approval; meaning of "demolition" for the purposes of EIA development under the Directive and the Regulations; "salami-slicing" in the context of the Bridging Newcastle Gateshead multi-phase regeneration scheme
  • Environment Agency v Thames Water Utilities Limited: multiple TWUL criminal proceedings brought under Regulation 38(2) of the Environmental Permitting Regulations 2010 arising from sewerage pumping failures, blockages and surcharges

PROPERTY

Juan has particular expertise in respect of easements, restrictive covenants, adverse possession and contested applications concerning land registration. He advises in relation to private and commercial property matters, including landlord and tenant (including forfeiture and breach of covenant), HMOs and self-contained properties, the Party Wall etc. Act, unilateral notices (including qualifying beneficial interests), moorings, riparian rights and navigation. He advises on applications before the First-tier Tribunal (Property Chamber).

HIGHWAYS

juan regularly appears at inquiry in relation to applications made for modification under the Wildlife and Countryside Act 1981 as well as applications made for sopping-up and diversion under the Highways Act 1980.

 

 

Memberships

  • Planning and Environment Bar Association
  • National Infrastructure Planning Association
  • Compulsory Purchase Association

Events

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Breakfast Briefing: The Planning Court's Judicial Review Decision in R (Ramblers' Association) v Secretary of State for the Environment, Food and Rural Affairs; Network Rail Infrastructure Limited & Others [2017] EWHC 716 (Admin)

On 2 May 2017 Juan Lopez and Charles Forrest will conduct a breakfast briefing discussing the recent judicial review decision of Dove J and the various practical implications of his decision. Juan and Charles appeared for the successful interested party, Network Rail Infrastructure Ltd, over the three day challenge. A useful summary of the judgment can be found here.

Registration over coffee and croissants - 8.00 - 8.30am  Briefing: 8.30-9.30am

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