Environmental

Juan's practice spans a wide range of environmental law areas, including contaminated land, waste, species and habitats protection, water law, nuisance, and environmental impact assessment.  He has extensive experience of planning cases which incorporate complex environmental issues.

Juan has advised extensively on private law claims, the application of the Aarhus Convention, liability under the contaminated land regime, statutory nuisance, and in respect of protective costs order applications made in related judicial review proceedings.

Juan also has particular expertise in defending environmental regulatory offences.

Example cases include:

Seventyholds Limited v (1) Thurrock Borough Council (2) Essex County Council [2011]: high value land contamination claim; landfill, leachate treatments and crop die-back.

Land downstream of Acle Bridge, Fleggburgh, Norfolk [2011]: opposing Environment Agency flood banks planning application; advising suitability of flood defence options framework and alternative proposals for water space management in the context of safeguarding mooring provision, recreational navigation rights and satisfying the statutory flood defence function.

Environment Agency v Thames Water Utilities Limited [2011]: defending TWUL criminal proceedings brought under Regulation 38(2) of the Environmental Permitting Regulations 2010 arising from the failure of a sewerage pumping station and consequent waste pollution of river tributaries; consideration of TWUL Compliance and Reporting and principles enunciated in R v Anglican Water Services Ltd [2003] EWCA 2243.

R (on the application of Save Britain's Heritage) v (1) Secretary of State for Communities and Local Government (2) Gateshead Metropolitan Borough Council [2011] EWCA Civ 1500: planning injunction; lawfulness of prior approval; meaning of "demolition" for the purposes of EIA development under EIA Directive and the Regulations; "salami-slicing" within the context of the Bridging Newcastle Gateshead, multi-phase demolition and regeneration scheme.