Horatio advises on planning matters and has represented local authorities and claimants in planning appeals, local plan examinations and the High Court.
During his pupillage, Horatio gained experience in a wide variety of planning issues. He assisted with the drafting of written opinions on issues such as:
- Certificates of lawfulness of existing use or development.
- S106 agreements.
- The community infrastructure levy (CIL).
- Minerals policy.
- Prior-approval for change of use under the GPDO.
- "Saved" policies.
- The loss of use rights through concepts such as abandonment.
- Development in the Green Belt.
- The listing of assets of community value.
- The dedication of highways.
Horatio has experience appearing before planning inspectors in planning appeals. He recently acted for a claimant in a planning appeal concerning a back-garden development.
Tonbridge & Malling Borough Council v occupiers of West Malling Playing Fields, acted on behalf of the council in an enforcement action regarding the unauthorised occupation of a site.
Horatio appeared (as junior to Douglas Edwards QC) before the High Court in a case concerning an application to suspend an injunction granted under s187B of the Town and Country Planning Act 1990.
Horatio advises local planning authorities and claimants on enforcement matters, including enforcement notices, s215 notices and s187B injunctions. He is currently advising claimants in connection with an appeal against two enforcement notices and will in due course represent them before an inspector in a planning inquiry. During his seat with Cain Ormondroyd, Horatio assisted with the conduct of two enforcement appeals.
Judicial review/statutory challenges
Arrowsmith v Fareham Borough Council, Lidl UK ltd and Rookery Estates Ltd, acting on behalf of a claimaint in a judicial review claim regarding the development of a Lidl store to replace business units within an employment park.
McGrath v Leeds City Council and Land Property Investment Services, appeared on behalf of a claimant in a judicial review application in the High Court concerning a development within a conservation area.
Driver v Maidstone Borough Council and Others, appeared on behalf of the claimant in the High Court in a s113 challenge against the recently adopted Maidstone Borough Local Plan.
Horatio has considerable experience of drafting pre-action letters and skeleton arguments for judicial review and statutory challenges.
Horatio has appeared (as junior to Suzanne Ornsby QC) before a planning inspector on behalf of a local planning authority during the examination into its local plan. During his seat with Suzanne, Horatio gained considerable experience drafting written opinions on local plan matters, including the correct interpretation of development plan policy, minerals policy and the allocation of strategic sites.
Horatio appeared as junior to Suzanne Ornsby QC on behalf of North Hertfordshire District Council in a six-day planning inquiry concerning a proposed development of up to 70 houses on land north of Luton Road, Offley. The appeal turned on the landscape character, visual amenity and hertiage impacts of the proposals, as well as the weight to be afforded to saved policies in the adopted local plan which restricted development beyond defined settlement boundaries.
Horatio recently appeared on behalf of an appellant in a two-day enforcement inquiry, concerning grounds (a), (d) and (g) appeals.
During his puillage, Horatio assisted with the drafting of opening and closing submissions for a five-day planning inquiry concerning development at Manston Airport, Kent. He also shadowed Richard Honey during a four-day compulsory purchase inquiry concerning an estate regeneration scheme in Brent.
Horatio has experience advising landowners on the common law of nuisance and statutory nuisance, including the relationship between these matters and planning law.
Horatio gained experience of compulsory purchase matters during his pupillage. He assisted in the drafting of statements of case on behalf of acquiring authorities in reference proceedings before the Upper Tribunal (Lands Chamber). He also assisted with written opinions on matters regarding certificates of appropriate alternative development, the Mines (Working Facilities and Support) Act 1966 and Transport and Works Act Orders.
Horatio is interested in infrastructure projects and has assisted members of Chambers with a number of infrastructure matters.
Horatio has assisted in advising:
- A business in relation to a proposed DCO to acquire a disused airport.
- A harbour authority seeking to oppose a compulsory purchase order under the Water Industry Act that affects its statutory undertaking.
- A public transport authority in respect of the acquisition of rights over land owned by a harbour authority.
- A waste management company in respect of the construction of HS2.
- Advising a borough council on its proposals to provide street-markets
Rating and Income Tax
During his seat with Cain Ormondroyd, Horatio assisted in advising on a broad range of issues related to business rates, such as rates relief, the identification of hereditaments and the assessment of rateable value.
He assisted Cain in proceedings before the Upper Tribunal which dealt with the identification of hereditaments and the correct method of assessing rateable value. Horatio also assisted in the drafting of grounds of judicial review challenging a refusal to grant business rates relief.
Horatio has experience appearing on behalf of taxpayers before the magistrates' court in income tax cases. He has advised taxpayers on appeals before the Valuation Tribunal regarding the appropriate council tax band for their property, as well as appeals against decisions from the Tribunal to the High Court.
Horatio has experience advising applicants and local authorities on requests for information made under the Freedom of Information Act 2000 and the Environmental Information Regulations 2004. He completed a secondment to the FIO department of a local authority where he assisted in advising on exemptions and drafting responses to requests for information.
Horatio has also advised public authorities on their duties under the Data Protection Act 1998 regarding sensitive personal data and the exemptions to the non-disclosure duty”.
Horatio has experience advising local authorities on the public sector equality duty under the Equality Act 2010. He is currently assisting a local authority facing a challenge against its decision to adopt a policy on sex establishment licences on the basis that it breached the public sector equality duty.
During his pupillage, Horatio assisted in advising on EU law matters, regarding state aid and the EIA Directive (85/337/EEC). Prior to coming to the Bar, Horatio worked as a stagiaire in the Court of Justice of the European Free Trade Association where he assisted in the drafting of an important judgment on state aid law.
Horatio has appeared before magistrates' courts in licensing cases, for example regarding the revocation of a premises licence. He has also assisted in advising a local authority faced with a judicial review challenge against its policy on licensing sex establishments.
During his pupillage, Horatio assisted with providing written opinions on a range of licensing topics, such as HMO licensing and proposed licensing conditions for taxis.
Police and anti-social behaviour law
Horatio frequently appears before the Crown Court and magistrates' court to make applications for orders, or variations of orders, under the Anti-Social Behaviour, Crime and Policing Act 2014 and Sexual Offences Act 2003, including closure orders, criminal behaviour orders, sexual risk orders and sexual harm prevention orders.
Cases of note include:
R v Krzyzyk, appeared on behalf of the Metropolitan Police Service before the Crown Court to respond to a costs applicaton regarding a sexual assault trial
Zahed v Commissioner of Police of the Metropolis, appeared on behalf of the Metropolitan Police Service in an appeal against a community protection notice lasting two days and involving evidence from over ten witnesses.
Horatio assisted in advising a borough council on its proposals to provide street-markets in light of challenging legal constraints, which arise from local statutory provisions and highways law.
Horatio assisted Cain Ormondroyd in Consistory Court proceedings concerning an alteration of a listed church in the Diocese of Southwark. He has also assisted in the drafting of a written opinion on the lawful use of former burial grounds.
Horatio assisted Cain Ormondroyd in a village green inquiry by providing a note on the issue of statutory incompatibility. He has assisted advising developers on village green matters, including development on village greens and de-registration.
Horatio has assisted in advising on contribution proceedings in respect of historic sex abuse.
Horatio is currently instructed in relation to an appeal against a forfeiture order under the Proceeds of Crime Act 2002.