Jacqueline Lean

Call: 2007

Jacqueline has the classic Landmark practice, encompassing all matters concerning the use and development of land.

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Practice summary

Planning

Environment

Property

Public and Administrative

Rating and Valuation

Cross-practice

Practice Summary

Jacqueline has significant experience of planning and infrastructure projects, and is particularly well placed to advise on the real property, and landlord and tenant issues, which may need to be addressed when promoting, or implementing, proposed development. Similarly, she regularly advises on property matters, which include an interface with planning, environmental, regulatory or ratings issues.

Her cross-discipline practice is illustrated most clearly by her involvement in the HS2 project, which has including promoting both the Phase 1 and Phase 2A Bills through Parliament; the legal challenges to the decision to proceed with the project and application of land acquisition policies, non-statutory compensation schemes and the Compensation Code.

Jacqueline has acted as sole, or junior, counsel in Courts and tribunals at all levels, including the Supreme Court, the Aarhus Compliance Committee, and Parliamentary Select Committees.

Planning

Jacqueline has significant experience with infrastructure projects and with compulsory acquisition and compensation more generally (both under the Compensation Code and enactments providing compensation arising from the exercise of statutory powers).

In addition to her work on HS2, Jacqueline has promoted a number of Transport and Works Act Order for Network Rail, including three recent applications for works associated with the Transpennine Route Upgrade programme, and successfully obtained confirmation of the West Midlands Combined Authority (Walsall to Wolverhampton Railway Line – Willenhall and Darlaston New Stations) Compulsory Purchase Order 2021, the first CPO made by a Mayor of a Combined Authority. Her infrastructure work also includes acting for the RSPB Cymru in relation to The Morlais Demonstration Zone Order 2021 (a tidal demonstration zone off the Anglesea coast), matters relating to ports, and highway improvements. She also has substantial experience with public rights of way.

Jacqueline’s wider planning work encompasses statutory development plans (examination and legal challenges), development affecting heritage assets, habitats, assets of community value, and the application of permitted development rights (including in respect of Crown land)..

Her court work includes:

R (CPRE Kent) v Secretary of State for Communities and Local Government [2021] UKSC 36 - Claimant’s liability for costs for more than one party where permission for statutory review is refused. Sole counsel in the Court of Appeal. Led by James Maurici KC in the Supreme Court.

R (Packham) v Secretary of State for Transport [2020] EWCA Civ 1004 (with Tim Mould KC) - Appeal against the Divisional Court’s refusal to grant permission to challenge the Government’s decision to proceed with HS2 following the Oakervee Review.

Thorpe Hall Leisure Ltd v Secretary of State for Communities and Local Government [2020] EWHC 44 (Admin) - Challenge to the refusal of planning permission for development of land around the Lighthouse Hotel in Thorpe-le-Soken where the Inspector could not be satisfied that it would not have an adverse impact on an SPA and SAC.

R (Granger-Taylor) v HS2 Ltd [2020] EWHC 1442 (Admin) (with Tim Mould KC) - Judicial review challenging the current design for the HS2 railway as it approaches Euston Station.

She is a contributing editor or author to:

  • Garner’s Environmental Law (Conservation of habitats, species & contaminated land).
  • ‘A Practical Guide to Planning Law and Rights of Way in National Parks, the Broads, and AONBs’ (forthcoming).

She has been identified as a leading junior for Planning in Legal 500 and Chambers and Partners for a number of years, described variously as “The complete advocate: she has a powerful intellect and a lightness of touch that makes her first on the team sheet” (2019), “ Outstanding” (2018) and “She stands out for her versatility and fierce intellect” (2017).

Environment

Jacqueline is instructed by a broad range of clients within her environmental law practice, including regulators (such as the Environment Agency), environmental NGOs (in particular, the RSPB), local authority decision-makers, developers and others whose works or activities may engage environmental concerns or consenting regimes.

In addition to her planning work (which regularly includes issues relating to habitats and other environmental impacts) Jacqueline’s environmental work includes waste, the environmental permitting regime, compensation for statutory works, contaminated land, and application of the Environmental Information Regulations

Notable court work includes:

  • R (Packham) v Secretary of State for Transport [2020] EWCA Civ 1004 (with Tim Mould KC) - Appeal against the Divisional Court’s refusal to grant permission to challenge the Government’s decision to proceed with HS2 following the Oakervee Review, with an injunction sought to restrain works in ancient woodland.
  • R (Richards) v Environment Agency [2022] EWCA Civ 2593 (with Tim Mould KC) - Positive obligations arising under Articles 2 and 8 of the European Convention of Human Rights in the regulation and control of hydrogen sulphide emissions from a landfill site in Staffordshire.
  • R (Anglian Water Services Limited) v Environment Agency [2020] EWHC 3445 (Admin) - First claim to consider the interpretation and application of the Bathing Water Regulations 2013/1675 with regards to the management of bathing water quality and classification scheme for grading the water quality of bathing waters as 'excellent'; 'good'; 'sufficient' and 'poor'.
  • Fish Legal v Information Commissioner [2015] UKUT 0052 (AAC) (First consideration by the Upper Tribunal of the guidance given by the CJEU in Fish Legal v Information Commissioner (C-279/12) as to when a person or body is a public authority within the meaning of Article 2(2)(b) or Article 2(2)(c) of the Directive.

Jacqueline has also been instructed on a number of matters concerning the Aarhus Convention, and appeared (with James Maurici KC) for United Kingdom before the Aarhus Compliance Committee on two communications concerning the Government’s decision to proceed with HS2 (ACCC/C/100 & 101)

She is identified as a leading junior for Environmental Law in Legal 500.

She is a contributing editor or author to:

  • Coppel ‘Information Rights’ (6th Edn, 2020) (Part III Environmental Information) (with James Maurici KC).
  • Garner’s Environmental Law (Conservation of habitats, species & contaminated land).

Property

Jacqueline’s property work encompasses the full range of landlord and tenant work and real property disputes. She has significant experience with conditional agreements, overage agreement, restrictive covenants and rights of way, and regularly advises on cases involving planning and/or environmental issues. Recent work includes advising in connection with restrictions on development of land which is subject to an easement or other restrictions by reason of utility pipes or conduits; restrictions on title affecting proposed use or development of land for a charity’s purposes, and the potential claims arising from noise and/or air pollution from neighbouring landowners.  

She has a particular interest (and experience) in cases involving protestors, and applications for pre-emptive relief, both for private landowners and public authorities.

She is a contributor to Chapter 9 of Hill & Redman’s ‘Law of Landlord and Tenant’ and the author of ‘A Practical Guide to Mortgage Possession Proceedings’ (2021)

Public and Administrative

Jacqueline undertakes a range of public law work, and has extensive experience in advising, and acting for, local and central government, and other regulatory bodies (including Ofwat and Ofqual).

Recent advisory work in the local government context includes advising a highway authority on its powers, and obligations, with regards to rolling road closures to facilitate peaceful protest; advising a local authority with regards to a common in respect of which it was both freehold owner and planning authority; and advising a number of local authorities with regards to their ability to enforce obligations relating to the transfer of land or potential overage payments under s.106 agreements and transfers of land.

She has also been instructed for the relevant order making authority at a number of DMMO inquiries, and is current instructed on behalf of a statutory harbour authority which is objecting to the confirmation of a DMMO on grounds of statutory incompatibility.

Reported cases of note in the public law context include:

R (Hemming) v Westminster City Council [2015] UKSC 25, in which the Supreme Court decided that the EU Services Directive (2006/123/EC) as implemented by The Provision of Services Regulations 1999 did not preclude a licensing authority or regulatory body from charging a ‘success fee’ to successful applicants as a condition of holding a licence (led by Nathalie Lieven KC).

R (Dolan) v Secretary of State for Health and Social Care  [2020] EWCA 1605 - Challenge to the vires, rationality and ECHR compatibility of the Government’s ‘lockdown legislation’ (the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 as enacted and as subsequently amended))

R (Gallastegui) v Westminster City Council & ors [2013] EWCA Civ 28 - challenge to the provisions of the Police Reform and Social Responsibility Act 2011 relating to control of activities within Parliament Square with the right to freedom of expression and assembly under the ECHR.

R (Doncaster MBC)  v Peel L & P Investments [2022] EWHC 3060 (Admin) (with James Maurici KC) - Application for permission to judicially review the decision to close Doncaster Sheffield Airport by its operator, a Peel Group company).  

She is identified as a leading junior in Local Government (including rating) in Legal 500.

Rating and Valuation

Jacqueline acts for a range of clients on rating matters.

Recent cases have included issues of retrospective business rates liability (following splitting or merging of hereditaments), liability of tenants where occupying under ‘rates included’ agreements, and some complicated applications of the contractor’s basis of valuation.

Reported cases include Celsa Steel (UK) Limited v Webb (VO) [2017] UKUT133 (LC) (for the Appellant, Celsa Steel – adjustment at stage 5 of the contractor’s basis of valuation) and Shirley v Park (Valuation Officer) [2018] UKUT 288 (LC) (for the VOA – effective date of alteration of the list; whether reg 14 compatible with ECHR).

She is identified as a leading junior in Local Government (including rating law) in Legal 500.

Cross-practice

Landmark's barristers often work at the intersection of our core practice areas; bringing a wide range of skills, knowledge and experience to bear on a particular dispute or issue facing a client.

Our focus is always on achieving the best possible outcome for our client. By viewing the client's objectives in a holistic way - and not purely through the lens of one rigidly-defined legal area - we deliver the best possible advice and representation in complex matters that engage multiple specialist areas of law. 

Whether it's providing support as an individual cross-practice barrister or a cross-disciplinary team of Landmark counsel, we are able to draw on an outstanding array of complementary skillsets and knowledge bases. This often achieves a better result than instructing multiple barristers from different specialist sets. This also improves the quality of client care through increased levels of communication, quicker response times, and a coordinated approach to clerking and fees, made possible by our team-based cross-practice approach.

Please contact our practice management team for more information.

Local Government

Jacqueline undertakes a range of public law work, and has extensive experience in advising, and acting for, local and central government, and other regulatory bodies (including Ofwat and Ofqual).

Recent advisory work in the local government context includes advising a highway authority on its powers, and obligations, with regards to rolling road closures to facilitate peaceful protest; advising a local authority with regards to a common in respect of which it was both freehold owner and planning authority; and advising a number of local authorities with regards to their ability to enforce obligations relating to the transfer of land or potential overage payments under s.106 agreements and transfers of land.

She has also been instructed for the relevant order making authority at a number of DMMO inquiries, and is current instructed on behalf of a statutory harbour authority which is objecting to the confirmation of a DMMO on grounds of statutory incompatibility.

Reported cases of note in the public law context include:

R (Hemming) v Westminster City Council [2015] UKSC 25, in which the Supreme Court decided that the EU Services Directive (2006/123/EC) as implemented by The Provision of Services Regulations 1999 did not preclude a licensing authority or regulatory body from charging a ‘success fee’ to successful applicants as a condition of holding a licence (led by Nathalie Lieven KC).

R (Dolan) v Secretary of State for Health and Social Care [2020] EWCA 1605 - Challenge to the vires, rationality and ECHR compatibility of the Government’s ‘lockdown legislation’ (the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 as enacted and as subsequently amended))

R (Gallastegui) v Westminster City Council & ors [2013] EWCA Civ 28 - challenge to the provisions of the Police Reform and Social Responsibility Act 2011 relating to control of activities within Parliament Square with the right to freedom of expression and assembly under the ECHR.

R (Doncaster MBC) v Peel L & P Investments [2022] EWHC 3060 (Admin) (with James Maurici KC) - Application for permission to judicially review the decision to close Doncaster Sheffield Airport by its operator, a Peel Group company).

She is identified as a leading junior in Local Government (including rating) in Legal 500.

Energy

Highways and Rights of Access

Public Works Projects

Specialisms

Commercial/Retail

Compulsory Purchase and Compensation

Development Consent Orders

Development Contracts and Overage

Development Contribution: Section 106 and CIL

Development Plans and other planning policy

Energy

Environment

Green Belt

Heritage

Highways, Footpaths and Rights of Way

Infrastructure

Marine Planning and Harbour Orders

Minerals and Waste

Planning Appeals, Inquiries and Hearings

Planning Enforcement and Injunctions

Planning Judicial and Statutory Reviews

Residential

Transport Orders and Parliamentary Bills

Specialisms

Aarhus Convention and Environmental Justice

Air Quality

Climate Change and Emissions Trading

Ecology and Biodiversity

Energy

Environmental Assessment (Environmental Outcomes)

Environmental Enforcement

Environmental information

Environmental Regulation

Habitats and Species

Nuisance

Pollution and Contaminated Land

Protection of the Countryside

Utilities

Waste

Water

Wildlife

Specialisms

Commercial Landlord and Tenant

Easements and Profits a Prendre

Highways and other Transport Infrastructure

Land Registration and Adverse Possession

Mortgages, Charges, Charging Orders and Securitisation

Park Homes and Mobile Homes Act Disputes

Private nuisance

Property Development including Overage disputes

Protestor Injunctions

Public Sector and Local Government Property issues

Residential Tenancies

Restrictive Covenants

Rights of Light

Riparian Rights, Watercourses and Harbours

Squatters and other Trespass

Village Greens, Commons and Manorial Rights

Specialisms

Energy and Utilities

High Court Planning

Highways and Public Rights of Access

Human Rights and Civil Liberties

Judicial Review

Local Government including Local Government Finance

Specialisms

Charitable Relief and other Exemptions

Collection and Enforcement Cases

Council Tax

Empty Properties

Non-Domestic Rates Litigation

Valuation Disputes

Specialisms

Local Government

Energy

Highways and Rights of Access

Public Works Projects

"
Stands out for her versatility and fierce intellect."

Legal 500

Chambers Top Ranked UK Bar 2024 Uk leading juniors 2024

Qualifications and achievements

Qualifications

  • BA in Law, Clare College, Cambridge in 2005
  • LL.M. the University of Chicago Law School in 2006

Scholarships

  • University of Cambridge-University of Chicago Gaylord-Donnelley Scholar
  • Gray’s Inn Prince of Wales Scholarship during her BVC year
  • Senior scholar of the Inn during her pupillage year (Reid Scholarship).

Memberships

  • Parliamentary Bar Mess
  • Planning and Environmental Bar Association
  • Property Bar Association 
  • United Kingdom Environmental Law Association

Recommendations

Practice Managers

Contact our friendly and helpful Practice Managers for more information about our barristers and services or to make an enquiry.

Michael Gooch new

Michael Gooch

Senior Practice Manager

020 7421 1305

Jonathan Barley new

Jonathan Barley

Practice Manager

020 7421 2480

Noel Pudney new

Noel Pudney

Assistant Practice Manager

020 7421 1398

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