HIGHWAYS AND PUBLIC RIGHTS OF WAY
Juan advises extensively in this area and regularly appears at inquiry and in statutory challenges brought in respect of applications and order decisions made on modification under the Wildlife and Countryside Act 1981 (encompassing both common law and statutory dedication) as well as the full breadth of applications made for stopping-up and diversion etc. (footpaths, bridleways and restricted byways) under both the Highways Act 1980 and the Town and Country Planning Act 1990 (e.g. extinguishment under s.257 TCPA) and all often interrelated issues including planning, drainage rights and wayleaves. His clients include public body and developer interested parties, as well as order-making authorities.
TOWN AND COUNTRY PLANNING
Juan acts on major planning projects including retail, housing, industrial, leisure, rural and mineral and waste planning.
- 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.
- Network Rail infrastructure
- Renewables: promoting onshore schemes in Cambridgeshire and Cornwall (and advising on related statutory challenges); resisting multiple sites in Northants
- 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  EWHC 2484 (QB) and Smith v Doncaster MBC  EWCA Civ 16.
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.
- Network Rail
- Anglian Water Services
- Thames Water
- 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.
- 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  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  EWHC 217
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.
- Mordue v Secretary of State for Communities and Local Government  EWHC 539 (Admin): section 66 Planning (Listed Buildings and Conservation Areas) Act 1990
- Wood v Secretary of State for Communities and Local Government  EWCA Civ 195: Green belt development
- Kendall v Rochford District Council  EWHC 3866 (Admin): SEA Directive and Regulations compliance
- R (on the application of Save Britain's Heritage) v Gateshead MBC  EWHC 896 (Admin): 'demolition' for the purposes of EIA development under the EIA Directive and Regulations (following on from the series of  cases)
- R (on the application of Gibson) v Mid Sussex DC  EWHC 1296: alternative sites assessment
- South Northamptonshire Council v Secretary of State for Communities and Local Government  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 : scope of 'second-bite' enforcement under section 171B Town and Country Planning Act 1990
- Cogent LLP v Rochford District Council  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  EWHC 3100 (Admin) (injunction);  EWHC 3725 (Admin); R (oao Coleman) v London Borough of Barnet  (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 (on the application of Save Britain's Heritage) v Secretary of State for Communities and Local Government and Gateshead Metropolitan Borough Council  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; see also R (oao Save Britain's Heritage) v Secretary of State for Communities and Local Government (2) Gates head Metropolitan Boroung Council (Admin)  EWHC 2919 (Admin) [no.1]
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.