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).

 

Planning

John practices in all aspects of town and country planning law advising regularly on development proposals and challenges, and appearing at public inquiries and judicial challenges.

Energy

John has been closely involved in two of the major proposals for underground gas storage: Canatxx at Preesal, Lancashire and in Cheshire. The proposals have involved detailed consideration of a multiplicity of issues including policy, landscape and visual impacts, environmental assessment, impacts upon nature conservation interests, sustainability of disposal of mineral resources, explosion risk and noise.

Airports

John appeared at the Manchester Airport Second Runway inquiry on behalf of one of the statutory agencies.

Commercial Planning

John frequently deals with major commercial and mixed use developments: examples include promoting a major mixed use redevelopment of Kirkby town centre including the proposed relocation of the Everton football stadium, proposals for the Tithebarn development in Preston City Centre and proposals for retail redevelopment in Douglas, Isle of Man.

Commons and Village Greens

John has advised and appeared at inquiries in relation to commons and village greens. A recent example is the site at Chadderton Fire Station for Oldham MBC where a registration application was determined to be unsuccessful.

Compulsory Purchase and Land Compensation Issues

John has considerable experience advising on compulsory purchase orders and appearing at inquiries into orders on behalf of both acquiring authorities and objectors. Examples include promoting the Squires Road Link Road, Blackpool on behalf of Lancashire County Council and resisting a housing market renewal initiative CPO by Sefton MBC. He regularly advises upon land compensation issues and appears at Lands Tribunal and arbitration hearings with respect to such issues. Examples include compensation following acquisition for new roads and compensation following redevelopment of residential areas. He has advised on and appeared in cases assessing compensation for provisions of utilities under the Land Compensation Act 1973.

Enforcement

John has considerable experience advising upon and appearing in enforcement cases including prosecutions in the Crown Court.

Highways, Footpaths & Right of Way

John advises on and appears in cases involving highways and rights of way. He has appeared in cases addressing the existence, extent and status of highways and other rights. He has regularly appeared in court and at inquiries addressing stopping up and diversion of highways.

Housing

John has extensive experience promoting and resisting major residential development. He has recently dealt with a number of appeals in Leeds addressing the RSS requirement. He frequently acts on behalf of the major residential developers including the leading provider of sheltered accommodation in the UK. He has experience of addressing a wide range of issues including affordable housing, conservation and listed building issues, housing land requirements and design.

Judicial Review and Statutory Challenges

John regularly advises on and appears in Administrative Court proceedings.

Retail

John has extensive experience both proposing and opposing retail development. Examples include city and town centre redevelopments in Preston, Kirkby and the Merry Hill Centre.

Waste

John has extensive experience on dealing with a range of waste issues including incineration [clinical and toxic chemicals], OTMS, landfill operations and sewage treatment. Examples include promoting a chemical incineration facility at a lengthy public inquiry in Humberside and a large landfill site near Bradford in West Yorkshire.

Mining

John regularly advises and appears on mining proposals and mining related matters including open cast coal proposals and inquiries and other litigation concerning old mining permissions.

Infrastructure

John has gained considerable experience advising on and appearing in inquiries into infrastructure proposals. He promoted the A1M1 Link Road proposal in West Yorkshire on behalf of the Highways Agency and has been involved in energy storage projects, many roads and bridges inquiries and cases involving utilities.

 

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)