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Jacqueline Lean

Call: 2007
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Practice Summary

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

She 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.

Property

Jacqueline’s property work encompasses the full range of landlord and tenant work (including leasehold enfranchisement) 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 landowners in disputes with utilities companies regarding the exercise of statutory powers in respect of private land; the construction of a guarantee potentially caught by the prohibitions in the Landlord and Tenant (Covenants) Act 1995; and a number of cases involving damage to private property as a result of public works/structures or other use of neighbouring land.

She has also recently advised the Trustees of common land on the ECHR compatibility of a Private Bill which would transfer ownership to a newly constituted charitable body.

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 was, for example, instructed in one of first (if not the first) cases where pre-emptive injunctions were obtained for local authorities to prevent encampments on sites of exceptional public interest and/or public utility in circumstances where there was a general, as opposed to immediate, threat of an encampment occurring.

She is a contributor to Chapter 9 of Hill & Redman’s ‘Law of Landlord and Tenant’.

Planning and Environment

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 recently promoted 2 Transport and Works Act Order applications for Network Rail seeking closure of level crossings within Suffolk and Essex as part of its Anglia Level Crossing Reduction Strategy (decision awaited)  Her infrastructure  work also includes advising on matters relating to ports, non-mainline railways (including heritage railways), 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 environmental work includes waste, the environmental permitting regime, the Industrial Emissions Directive, contaminated land, and application of the Environmental Information Regulations.

Recent Court work includes:

  • Steer v Secretary of State for Communities and Local Government [2018] EWCA Civ 1697 (challenge to a proposed housing development approximately 1.5 km from the Grade 1 listed Kedleston Hall (for SSCLG));
  • R (CPRE Kent) v Secretary of State for Communities and Local Government [2019] EWCA Civ 1230 (Claimant’s liability for costs for more than one party where permission for statutory review is refused, especially where the Aarhus cost cap applies.  Currently on appeal to the Supreme Court);
  • R (Packham) v Secretary of State for Transport [2020] EWCA Civ 1004 (with Tim Mould QC) (Appeal against the Divisional Court’s refusal to grant permission to challenge the Government’s decision to proceed with HS2 following the Oakervee Review);
  • SAFE Rottingdean v Brighton & Hove City Council [2019] EWHC 2632 (Admin) (Challenge to the Council’s decision to grant permission for redevelopment of the former St Aubyn’s School, a listed building within a conservation area)
  • 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 QC)  (Judicial review challenging the current design for the HS2 railway as it approaches Euston Station.  Application (by the Claimant) for permission to appeal to the CA pending)

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

She is a contributing editor or author to:

  • Coppel ‘Information Rights’ (5th Edn, 2020) (Part III Environmental Information) (with James Maurici QC)
  • 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  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).

Public

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).

She is currently instructed on behalf of the Government in two of the challenges to the COVID-19 ‘lockdown’ measures: R (Dolan) v Secretary of State for Health and Social Care (permission refused by Lewis J [2020] EWHC 1786, currently on appeal to the CA) and R(Hussain) v Secretary of State for Health and Social Care (challenge to the closure of places of worship).

Other reported cases of note 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;
  • 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)

Her public law practice includes information rights: she was instructed (as junior counsel) for the water and sewerage companies in Fish Legal v Information Commissioner [2015] UKUT 0052 (AAC)) and has subsequently advised (or acted for) a number of public bodies in respect of requests under the EIR, DPA and FOIA.

Recent local government includes advising local authorities on corporate decision-making powers (and in particular, on issues arising in the early stages of lockdown); recovery of monies under overage clauses in transfers of council owned land, consequential matters associated with local authority reorganisation, and housing matters.

She is identified as a leading junior in Local Government (including rating) (previously  in Administrative & public law (including local government)) in Legal 500 , : “She is confident, approachable and provides great assistance.”).

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 : “She is confident, approachable and provides great assistance”.

Qualifications

Jacqueline graduated with a BA in Law from Clare College, Cambridge in 2005 (MA, 2009), and with a LL.M. from the University of Chicago Law School in 2006, where she was the University of Cambridge-University of Chicago Gaylord-Donnelley Scholar. She was a recipient of the Gray’s Inn Prince of Wales Scholarship during her BVC year, and a senior scholar of the Inn during her pupillage year (Reid Scholarship).

Professional Memberships

PBA

PEBA

UKELA

Parliamentary Bar Mess

Inquiries

Inquiry into the proposed Network Rail (Essex and others Level Crossing Reduction) Order

25/09/2018

Inquiry resumed September 2018.

Acting for Network Rail.

:

Inquiries

Inquiry into the proposed (now confirmed) High Speed Rail (London-West Midlands) (Greatmoor Railing Sidings Etc) Order 2018

02/07/2018

Acting for HS2.

Click here for more information.

:

Inquiries

Inquiry into the proposed Network Rail (Suffolk Level Crossing Reduction) Order

30/04/2018

Inquiry closed May 2018.  Decision awaited.

Acting for Network Rail.

Click here for more information.

:

Inquiries

Mid Sussex Local Plan Examination (2018)

01/02/2018

Acting for an objector, objecting to a proposed housing allocation (issues included impact on setting of listed buildings).

:

Inquiries

Site at Land At Wild Tracks Ltd, Chippenham Road, Kennett, Newmarket, CB8 7QJ (APP/V0510/C/10/2131649)

01/02/2011

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Inquiries

Site at Brackenwood, Telegraph Hill, Midhurst, GU29 0BN (APP/L3815/C/10/2131886)

01/01/2011

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Articles and Presentations

Inquiries

Inquiry into the proposed Network Rail (Essex and others Level Crossing Reduction) Order

25/09/2018

Inquiry resumed September 2018.

Acting for Network Rail.

:

Inquiries

Inquiry into the proposed (now confirmed) High Speed Rail (London-West Midlands) (Greatmoor Railing Sidings Etc) Order 2018

02/07/2018

Acting for HS2.

Click here for more information.

:

Inquiries

Inquiry into the proposed Network Rail (Suffolk Level Crossing Reduction) Order

30/04/2018

Inquiry closed May 2018.  Decision awaited.

Acting for Network Rail.

Click here for more information.

:

Inquiries

Mid Sussex Local Plan Examination (2018)

01/02/2018

Acting for an objector, objecting to a proposed housing allocation (issues included impact on setting of listed buildings).

:

Inquiries

Site at Land At Wild Tracks Ltd, Chippenham Road, Kennett, Newmarket, CB8 7QJ (APP/V0510/C/10/2131649)

01/02/2011

:

Inquiries

Site at Brackenwood, Telegraph Hill, Midhurst, GU29 0BN (APP/L3815/C/10/2131886)

01/01/2011

:

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