John Barrett

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Year of Call: 1982 

John specialises in all aspects of town and country planning, environmental law, compulsory purchase and acquisition and highways.

He has appeared as counsel in numerous UDP and Local Plan inquiries and has worked extensively in the areas of waste disposal and management, minerals, highways and housing. Other significant inquiries include those relating to substantial commercial and retail developments, especially supermarkets and public houses/restaurants.

He was the Editor of the Encyclopaedia of Environmental Health (Sweet and Maxwell).

 

Environment

Appeals to the Secretary of State in relation to IPPC

John has experience advising on IPPC and was involved in the first public inquiry under the new regime in relation to rendering plant.

Contaminated land

John has considerable experience advising on contaminated land issues.

Disposal by landfill

John has extensive experience advising on the regulatory and planning issues arising out of disposal by landfill and appearing in related matters including acting for the Environment Agency and developers.

Drainage law

John advises on drainage issues and has been involved in some of the leading cases especially concerning the meaning of a public sewer. He regularly acts for major utility companies.

Environmental Assessment

John has considerable experience advising on and appearing in litigation and public inquiries addressing Environmental Assessment issues. Recent examples include an analysis of the adequacy of environmental information to be submitted with a major mixed use development scheme in Manchester.

European Directives

John has extensive experience advising on and appearing in litigation addressing European Directives. He recently acted for Knowsley MBC in respect of issues arising from the Waste Directive concerning co-incineration.

Incineration

John has appeared in a number of major inquiries dealing with incineration proposals including those for clinical and toxic waste.

Integrated Pollution control

John advises on a wide range of integrated pollution control issues. His clients include the statutory regulators, major utility companies and industry.

Judicial Review of permits, site licences and other environmental decisions

John has appeared in a range of cases and advises on issues concerning permits, site licences and other environmental decisions.

Noise abatement

John has experience in litigation addressing noise abatement both at first instance and appeal [including the Administrative Court].

Waste treatment and disposal

John experience appearing in and advising on waste treatment and disposal issues. His clients include the statutory regulators, local authorities, operators and developers.

 

Significant Reported Cases

R v Ruttle, ex p. Marshall [1988] 57 P & CR 299 Enforcement Notice

Vasiliou v Secretary of State for Transport [1991] 2 All ER 77 Closure of Highway

John Kennelly Sales Ltd v S.o.S.E. [1994] 1 PLR 10 Enforcement notice

Daniel Platt Ltd v S.o.S.E. and Staffordshire CC [1997] JPL 349 Minerals "old mining permission"

R v Sefton MBC, ex p. Help the Aged [1997] 4 All ER 532 Local Authority duties

Sovereign Rubber Ltd v Stockport BC [2000] Env LR 194 Abatement Notices Statutory Nuisance

Hull v Warrington Borough Council [1999] Env LR 868 Waste disposal

Bradford v. Yorkshire Water [2001] EWHC 803 Public Sewer

Smith v S.o.S [2003] EWCA CA Civ 262 Waste Disposal

Tromans v. Cannock Chase DC [2004] EWCA Civ 407 Local Authority decision making

Blewett v. Derbyshire CC [2004] EWCA Civ 1508 Waste disposal environmental assessment

Anderton v. Bradford MBC [2006] EWHC 3344 Waste disposal environmental assessment

Belfields Ltd v. S.o.S [2007] EWHC 3040 (Admin) Judicial Review

Brookhouse Group v. Preston City Council [2008] EWCA Civ 351 Judicial Review

Belfields Ltd v. Sefton MBC [2008] EWHC 1975 (Ch) Compulsory Purchase Estoppel

 

Recommendations

Chambers UK 2012
"John Barrett impresses solicitors with his firm grasp of the law and his strong "technical abilities." His practice encompasses a variety of areas, but he is closely associated with waste issues.His recent work has included acting on retail and residential developments and their environmental impacts."

"John Barrett represented Lancashire County Council on a £700 million retail investment in Preston. He has extensive experience of highways concerns, minerals planning, housing and commercial developments.

Chambers UK 2011:
"John Barrett is widely praised for his experience of complex waste management assignments"
"John Barrett combines a thriving environmental practice with his much sought-after town and country planning work, and handles cases concerning a number of different areas, including waste disposal, minerals, highways and housing."

Chambers Guide:
John Barrett is a "top flight communicator" according to interviewees. His practice encompasses a wide variety of sectors including waste disposal and management, minerals, highways and housing. He was noted for his niche strength in dealing with planning matters concerning supermarkets and public houses/restaurants".

Legal 500 2010
"consistently recommended for planning instructions"

Legal 500
"The extremely strong team includes John Barrett for inquiry work with an environmental aspect."

Planning Magazine:
John is cited as one of the highest rated senior juniors as chosen by planning lawyers and planners in England & Wales.

Memberships:

Planning and Environmental Bar Association

Administrative Law Bar Association

UK Environmental Law Association

Northern and North Eastern Circuit

Career & Education

University:    Manchester Metropolitan

Degree:        BA (Hons) Law

Called:         1982 (Gray's Inn)