Planning and Infrastructure

Juan regularly acts for developers, landowners, third parties and local planning authorities in relation to both planning and enforcement matters.

He advises and represents at all stages, and specialises in providing tactical advice in relation to the formation of a proposal, including pre-application discussion and environmental impact assessment.  He appears on appeal as well as in challenges made under section 288 and 289 TCPA.

Juan has been instructed on major planning projects including high profile destination retail, boutique leisure and night time venues (including bespoke restaurant and bars) located within designated stress areas, housing, rural development and mineral and waste planning.  He has also advised on energy infrastructure and transport schemes.  Juan has most recently been instructed on a number of projects involving landmark Central London listed buildings located in conservation areas.

Juan has considerable experience of planning enforcement proceedings, at inquiry and in the higher courts as well as in related criminal proceedings and confiscation under the Proceeds of Crime Act 2002.  Juan brings a thorough knowledge of the criminal law in its application to planning, advertising and broader regulatory matters.

He is also highly experienced in the field of urgent injunctions, appearing for applicants and resisting parties. Juan is frequently instructed at the initial evidence-gathering stage in order to assess the strength of applications.

Juan also appears in the Chancery Division in relation to the construction and application of contractual agreements relating to land and property.

Significant High Court and Court of Appeal cases include:

R (oao Coleman) v London Borough of Barnet [2011]: landmark judicial review quashing planning permission granted following the planning authority's failure to discharge their duty under section 149 Equality Act 2010 in light of development impacts upon disabled and elderly users.

Edward Davenport v Westminster City Council [2011] EWCA Civ 458; [2011] EWCA Civ 249: high-profile interim planning injunction; [2010] EWHC 2016 (QB): final planning injunction issued in respect of unauthorised leisure use of Portland Place residence.

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]: planning injunction; 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 the Bridging Newcastle Gateshead, multi-phase demolition and regeneration scheme.

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].

Smarden Parish Council v Secretary of State (2) John Lawson's Circus [2010] EWHC 701 (Admin): validity of alternative site search undertaken in connection with an approval of unallocated sites for ‘travelling showpeople'.

Brent LBC v Adil [2010] EWHC 3654 (Admin): construction of section 180 TCPA.

Other Administrative Court and Chancery Division cases include:

Southampton City Council v Hallyard Limited, Allied Irish Bank (UK) [2009] 1 P & CR 5: acting on behalf of AIB (UK) in a landmark decision concerning the validity of planning obligations under section 106 TCPA.

C & P Reinforcement Limited v East Hertfordshire District Council [2009] EWHC 3128: lawfulness of listed building control and related enforcement action taken under Part VII TCPA.

Toni & Guy (South) Limited v Hammersmith and Fulham LBC [2009] EWHC 532 (Admin); [2009] EWHC 203 (Admin): construction of section 215 TCPA.

South Gloucestershire Council v Secretary of State for Communities and Local Government [2008] EWHC 1047 (Admin): strike-out application arising in connection with a challenge brought under section 288 TCPA.

Other Tribunals and Inquiries:

Former ILVA Store, Gateshead [2011]: certificate of lawful use appeal concerning unrestricted class A1 retail use, the amalgamation of planning units and application of the ‘new chapter' principle.

Action In Care, Gravesend [2011]: appeal against refusal of permission for change of use to children's care home; crime and disorder, nuisance and traffic/highways objections.

Secure Reversions v London Borough of Merton [2011]: Part 8 Claim proceedings brought in respect of the non-discharge of outstanding section 106 obligations for renovation works.

The Birches, Surrey [2010]: parallel appeals made against the refusal of permission for large housing redevelopment of AONB land.

David Wilson Homes; Rochford site [2010]: call-in inquiry; parallel appeal made against the refusal of permission for housing development of 300+ homes in the Green Belt.

Collanade LLP; Rochford Site [2010]: call-in inquiry; parallel appeal made against the refusal for planning permission for housing development of 200+ homes in the Green Belt.

Airfield farm, Bedfordshire [2010]: advising on appeal made under section 288 TCPA against Inspector's refusal to grant Windfarm planning permission.

Care Management Group [2010]: advising in respect of change of use application for children's care home.

Land at Lawn Upton School Site, Oxford [2010]: discharge of conditions precedent concerning affordable housing provision by unilateral undertaking and on the implementation of permission, applying Hart Aggregates Ltd v Hartlepool Borough Council [2005] EWHC 840 (Admin).

JD Wetherspoons, Richmal Crompton, Bromley High Street [2008]: application for non-compliance with condition restricting hours of use (planning); cumulative impact considerations, pedestrian traffic, noise nuisance and crime and disorder considerations.