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Horatio Waller

Horatio Waller

Year of call: 2014

Practice areas: Planning, Environment, Licensing, Compulsory Purchase and Compensation, Rating, Local Government, Major Infrastructure Projects, Town and Village Greens and Open Space

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Horatio Waller

Practice Profile

Horatio's main areas of interest include:

  • Planning and Environment.
  • Compulsory Purchase and Compensation.
  • Infrastructure.
  • Rating/Council Tax.
  • Local Government.
  • Village Greens and Commons.
  • Licensing.
  • Public law, Human Rights and EU law.
  • Anti-social behaviour law.

Recent work includes:

  • Arrowsmith v Fareham Borough Council, Lidl UK ltd and Rookery Estates Ltd, acting on behalf of a claimant in a judicial review claim regarding the development of a Lidl store to replace business units within an employment park.
  • 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.
  • North Hertfordshire District Council and Gladman Developments Ltd, acted on behalf of the Council in a six-day inquiry concerning a proposed development of up to 70 houses on land north of Luton Road, Offley, which concerned landscape and heritage impacts.
  • Driver v Maidstone Borough Council and Others, appeared on behalf of the claimant in the High Court in a s113 challenge against the Maidstone Borough Council Local Plan.

Horatio has appeared in the High Court, the Crown Court (including the Old Bailey), the magistrates' court, the county court and the first-tier tribunal, as well as before planning inspectors in planning appeals and local plan examinations. His advocacy experience includes representing clients in trials, appeals, judicial reviews and case-management hearings. He also has experience providing written opinions to clients on planning and environmental law matters.

He has acted on behalf of claimants, local authorities, and developers. 

Horatio is happy to work on a pro bono basis in appropriate cases. For example, Horatio is assisting the local community affected by the Grenfell Tower fire. He is working in partnership with a community organisation that represents the families of the bereaved and persons otherwise affected by the fire. Horatio drafted their response to the consultation on the terms of reference to the Inquiry.

Experience

Planning law

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.

Planning appeals

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.

Planning enforcement

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.

Local plans

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. 

Planning inquiries

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.

Environmental Law

Horatio has experience advising landowners on the common law of nuisance and statutory nuisance, including the relationship between these matters and planning law.

Compulsory Purchase

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.

Infrastructure

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

Rating

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.

Income tax

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.

Information Law

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”.

Equality Law

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.

EU law

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.

Licensing

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.

Markets

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.

Ecclesiastical

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.

Village Greens

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.

Other Experience

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.

Qualifications

  • BPP Law School, Bar Professional Training Course (Very Competent) 2013-14.
  • Sidney Sussex College, University of Cambridge, LLM 2012-13.
  • University of Manchester, LLB (First Class - top of the year in 2011) 2009-12.

Scholarships and Awards

  • Megarry Scholarship, The Honourable Society of Lincoln's Inn (2016).
  • European Law Scholarship, The Honourable Society of Lincoln's Inn (2015).
  • Kennedy Scholarship, The Honourable Society of Lincoln's Inn (2012).
  • Hardwicke Entrance Award, The Honourable Society of Lincoln's Inn (2012).
  • Evan-Lewis Thomas Scholarship, Sidney Sussex College, Cambridge (2012).
  • R G Lawson Scholarship, University of Manchester (2011).
  • Dauntesey Prize in International Law, University of Manchester (2012).
  • R G Lawson Prize for Mental Health Law, University of Manchester (2012).
  • R G Lawson Prize for Public International Law, University of Manchester (2012).
  • R G Lawson Prize for Company Law, University of Manchester (2011).
  • R G Lawson Prize for Land Law, University of Manchester (2011).
  • R G Lawson Prize for Contract Law, University of Manchester (2011).

Previous Experience

Prior to coming to the Bar, Horatio spent a year working for the Law Commission as a research assistant where he worked on a project to reform the law on mental capacity and the Deprivation of Liberty Safeguards. He also worked for four months at a planning law firm and for four months as a stagiaire in the Court of Justice of the European Free Trade Association within the cabinet of President Carl Baudenbacher.

Horatio has worked on a pro bono basis for the Free Representation Unit and for the law clinics of Manchester University and BPP Law School.

Horatio spent many years working part-time at the Primavera Gallery in Cambridge while studying at school.

Professional Memberships

Horatio is a member of the UK Environmental Law Assocation (UKELA), the Planning & Environmental Bar Assocation (PEBA) and the Compulsory Purchase Association (CPA).

Publications

Case C-461/13 Bund fur Umwelt und Naturschutz Deutschland eV: could this case change the current of EU environmental law or will it just wash over? European Law Reporter 2016.