Juan Lopez

Year of call:
2002
Email:
juan.lopez@39essex.com

Clerks:
+44 (0)20 7832 1111

“He is a tenacious advocate who really fights his corner.” Chambers & Partners

Commentaries in the UK directories, including The Legal 500 2021 and Chambers and Partners UK Bar and the Planning Magazine’s Planning Law Survey (juniors) in which Juan has been rated over many years, include: “commercially aware”, “extremely professional and diligent” and an “accessible and tenacious practitioner who has achieved some spectacular results” who demonstrates “a relaxed and clear style”.

Juan acts in all areas of major infrastructure (specialising in energy and transportation), planning, environmental law, construction, compulsory purchase, land valuation and compensation, highways, rights of way and agriculture. He regularly works with infrastructure bodies, developers, landowners, surveyors, utilities as well as local authorities. He combines these areas with his significant experience in related civil liability and property law fields as well as less frequented areas such as railway law, water law and environmental taxation. Juan also has extensive public law experience in related judicial review claims and statutory challenges.

     

Infrastructure


Juan advises and represents in connection with a wide range of infrastructure projects, including promotion through the DCO process and schemes under the Transport and Works Act, Planning Act and the Electricity Act.

Notable UK energy, natural resource and transportation infrastructure work includes (as sole barrister):

  • Transportation infrastructure (including major schemes promoted by Highways England; mitigation schemes in connection with residential development)
  • Wayleaves: representing network operators, including UKPN, EPN, SSE, EDF (BEIS consenting)
  • Waste recycling plants
  • Railway accommodation and substitute works
  • Utilities infrastructure (electricity: UKPN, EPN, SSE, EDF; water/sewerage: Anglian Water; Thames Water; Severn Trent), representing utility companies and landowners
  • Renewables: onshore and offshore wind
  • HS2 (representing landowner objectors)
  • Largest remaining opencast coal mine in England (Banks Mining; Northumberland County Council)

Transportation projects include those promoted by Highways England and a high number of mitigation schemes in connection with residential development and compulsory purchase.

Juan’s infrastructure work overlays with his UK and international experience in waste production, management and transfer (engaging the Basel Convention on transfrontier waste shipments to Sri Lanka and the Middle East).

Planning


Juan acts on major planning projects, including housing. Juan promotes significant residential schemes, and commonly advises from inception. Ongoing instructions (as sole counsel) include promoting a 1250 units scheme in Kent.

Planning Inquiries

Juan has in depth experience of planning inquiries and hearings. Significant instructions include:

  • Numerous, sizeable residential schemes, promoting (including a scheme of up to 1,250 units (Kent) – ongoing)
  • 9 x residential schemes, including 2 called-in (of up to 770 units) in Leeds (Leeds City Council), since 2017 (resisting)
  • Tall Buildings: including Shell Centre, South Bank, redevelopment: 8 buildings (up to 37 storeys) for residential, retail and community/leisure uses
  • Tideway Wharf hotel redevelopment
  • Iconic Burberry Building, Haymarket SW1, on behalf of the Principality of Monaco (change of use)
  • Inaugural (and subsequently staged) Longine Global Champions Tour equestrian tournament (adjacent to Kensington Palace and Gardens)
  • Hay Hill W1 complex (alleged change of use)
  • Contentious Hampstead Garden Suburb schemes
  • Contentious amalgamations and basement redevelopments, Kensington & Chelsea
  • Redevelopment of G1 Darsham Hall (resisting)

Advisory

In addition to a wealth of general planning, construction and civil liability advisory work, Juan has much experience in strategising the formulation of development proposals, including:

  • Overage, Estate contracts discharge/variation (housebuilders)
  • Easements and profits (including restriction to access; disturbance to fishing embankment and rights), foreshore rights, and trespass
  • Complex Chancery Division declaration proceedings for the release of affordable housing obligations and offset payment liabilities (Allied Irish Bank (UK))
  • All related civil liability

Local Plans

Juan has advised in connection with many local plans (UK & NI), acting for both landowners and local authorities. From 2018, Juan acted for Leeds City Council on major parts of what, over recent years, has been the most geographically-extensive local plans/processes in England. Juan has also lectured widely on local plan regimes.

Environment


Juan has a significant environmental law practice. He frequently advises on Strategic Environmental Assessment, Environmental Impact Assessments, Habitats and conservation more widely, in the context of his infrastructure, planning and environmental permitting work.

Juan also has much experience in waste (hazardous/other) in the domestic, EU and international law fields. He has advised considerably on UK waste management sites and mining, both from private client and domestic and international regulatory perspectives. He presently acts for a number of prominent UK-based waste recycling centres, engaging several environmental authorities and NGOs, arising from extra-territorial, large-scale waste repatriation from Sri Lanka, India and the Middle East (Basel Convention).

Juan also advises on air quality, climate change, land remediation and flooding.

Juan acts in landfill tax assessments and appeals (including a landfill tax assessment appeal of £5M+ value, before the First-tier Tribunal (Tax)).

Compulsory Purchase, Land Valuation and Compensation


Juan is experienced in Lands Tribunal proceedings. He represents CPO objectors against housing, planning and highway CPOs and is experienced in the assessment of compensation arising from compulsory purchase and other statutory compensation. Juan has been instructed in compensation proceedings against HS2. Juan is presently representing bodies, including Network Rail, in other statutory compensation proceedings.

Juan’s compensation work often engages issues including planning assumptions for the assessment of compensation, injurious affection, business and management time loss, Pointe Gourde, betterment, and ransom value.

Notable instructions include:

  • Necessary wayleaves for electric lines: advising electricity companies (pre-compensation), including on related planning strategies, easements, compensation assessments under UT(LC) references; trespass claims
  • Implied wayleaves: representing landowners on trespass/injurious affection claims; advising on development valuations and damages
  • Advising London local authorities on 2020 district-wide, digital fixed line infrastructure wayleave agreements
  • Representing HS2 landowners
  • Resisting highways and utilities CPOs (including A50 Growth Corridor (Uttoxeter))
  • Ransom valuation claims, including enhanced value
  • Blight notices (including compensation)
  • Costs liability following service of discontinuance notice under CPR r. 38.3 (Mount Cook Land)
  • London Borough of Southwark v Kingpin Ltd; Vumpine (University of Manchester) v SS: resisting inclusion of residential order property (planning assumptions relevant to valuation and ransom land)

Highways, Rights of Way and Agriculture


Juan is known as a leading practitioner in highway law, all rights of way matters and aspects of agriculture law. Significant reported judgments, overlaying with key rights of way legislation and the evolution of public/private rights claims, include: R (oao Ramblers) v SSEFRA [2017] EWHC 716 (Admin) (Highways Act 1980; statutory incompatibility); R (oao Network Rail) v SSEFRA [2018] EWCA Civ 2069 (TCPA 1990; scope of s.259 TCPA stopping up).

Juan speaks widely on highways and transport matters. In 2020 Juan addressed the Northern Transport and Infrastructure Development Forum on the reformulation of the Northern Powerhouse initiative, for projected transport growth. He also conducts in-house seminars with major infrastructure bodies and County Councils.

Juan’s agriculture law experience includes advising one of the top two largest soft and top fruit farm holdings in the UK on matters including consenting and strategising on agricultural practice.

Public


Juan’s planning and highways/rights of way-related cases, incorporating a wide range of local government law principles, at first instance and on appeal (as sole Counsel) include:

  • Network Rail v Welsh Ministers [2020] (WCA 1981, Sch.15 para 12 confirmation; Railway Regulation Act 1840 and the Regulation of Railways Act 1968)
  • Thornhill Estates Ltd v SSCLG (development benefits and mitigation)
  • Network Rail Infrastructure Ltd v SSEFRA (s.259 TCPA stopping up enabling residential development)
  • Mansell v Tonbridge & Malling BC (fallback implementation; presumption in favour of sustainable development) [*Important Planning Court case]
  • R (oao Ramblers) v SSEFRA (s.31 HA dedication; statutory incompatibility)
  • Mordue v SSCLG (heritage asset significance)
  • Kendall v Rochford District Council (SEA/SA; reasonable alternatives)
  • R (oao Save Britain’s Heritage) v Gateshead MBC (Demolition under EIA)
  • South Northamptonshire Council v SSCLG (due priority of statutory development plan in decision-making; national and regional need for renewables)
  • Cogent LLP v Rochford District Council (SEA challenge to Core Strategy housing policies; general housing locations; reasonable alternatives)
  • R (oao Coleman) v London Borough of Barnet (Equality Act 2010, s.149)
  • R (oao Save Britain’s Heritage) v SSCLG and Gateshead MBC (lawfulness of prior approval; meaning of ‘demolition’ in EIA development; ‘salami-slicing’ in the context of the Bridging Newcastle Gateshead multi-phase regeneration scheme; R (oao Save Britain’s Heritage) v SSCLG (2) Gateshead MBC (Admin))

Property Law


Juan advises generally on real property, including rights of light, drainage, adverse possession, proprietary estoppel, easements and restrictive covenants, and party wall disputes. Juan’s commercial & residential landlord and tenant experience includes leases and forfeiture.

Private Law Claims (Other)


Complimenting his infrastructure and planning practice, Juan is also instructed in construction law-related fields including high value highway repair liabilities and defective highway surfacing and drainage (Cheddar Gorge landowner; South Gloucester Council – £2M+ civil claim ongoing; Business and Property Courts; Chancery Division).

Juan also combines his experience of central and local government law, litigation experience, and dedicated commercial approach, with advising on the contractual and tortious liabilities of public authorities, professional negligence and other claims (proprietary estoppel and unjust enrichment claim over ‘land-take’ agreement).

Injunctions and Restraint Orders


Juan has experience in prohibitory relief applications against unauthorised trespass and development, and is familiar with drafting and challenging complex orders in large, multi-claimant and defendant proceedings. Juan also has experience in restraint orders and resisting asset recovery.

Call +44 (0)20 7832 1111 for more information

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