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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:

  • Crondall Parish Council v Secretary of State and Others [2018] EWHC CO/3900 (Admin), acting on behalf of a claimant in a s288 challenge regarding a housing development outside defined settlement boundaries in Hart District.
  • Oakleigh Gardens Town or Village Green application, submitted written representations on behalf of the Oakleigh Gardens Community and Action Group in support of their application to register a town or village green.
  • Arrowsmith v Fareham Borough Council and Lidl UK ltd [2018] EWHC CO/2282 (Admin), appeared before the High Court on behalf of a claimant applying for judicial review of a decision to permit the redevelopment of an employment park in Fareham to a Lidl store.
  • Various Claimants v Secretary of State for Transport (Heathrow Runway 3) [2018] EWHC CO/2760; [2018] CO/3071; [2018] 3089/2018; [2018] 3147/2018; [2018] 3149/2018, instructed as junior junior counsel by the Secretary of State to assist with responding to applications for judicial review against the decision to designate an Airports National Policy Statement supporting a third runway at Heathrow.
  • London Borough of Waltham Forest v Still Bar & Restaurant Ltd, represented the owner of a bar and restaurant in a four-day rehearing in Snaresbrook Crown Court considering an application made by a licensing authority for a closure order.

Horatio is an experienced advocate. He has appeared on several occasions before the High Court in connection with planning judicial reviews, statutory challenges and enforcement proceedings. Horatio’s planning advocacy experience also includes appearances before planning inspectors in inquiries, appeals and local plan examinations, as well as appearances before magistrates’ courts. Horatio’s other practice areas involve regular appearances in front of the Crown Court (including the Old Bailey), the magistrates’ court, licensing committees and the First-Tier Tribunal on behalf of the Metropolitan Police, local authorities and other clients. In addition, Horatio has considerable experience providing written opinions to clients on planning, environmental, infrastructure, licensing and police law matters.

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

 

Experience

Planning law

Horatio advises on planning matters and has represented local authorities and claimants in planning inquiries, planning appeals, local plan examinations and hearings in the High Court.

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.

Local plans

Emerging North Hertfordshire Local Plan, Horatio appeared (as junior to Suzanne Ornsby QC) before a planning inspector on behalf of North Hertfordshire District Council during the examination into its local plan.

Emerging Guildford Local Plan, Horatio has advised a parish council on its involvement in the examination into the emerging Guildford Borough Council local plan and on the relevance of issues of deliverability and sustainability to the consideration of proposed housing allocations.

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 enforcement

Ali, Shaik and Mohammed v London Borough of Newham, 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. This complicated enforcement case concerned the construction of a large Mosque without planning permission on a site in east London.

Land known as Kemberland Farm and Druids Farm, Canterbury, Horatio appeared for two appellants in an enforcement inquiry. The inquiry turned on the application of the periods in which enforcement must be taken for a breach of planning control and the issue of whether a structure was a building or a caravan.

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 advises local planning authorities and claimants on enforcement matters, including enforcement notices, s215 notices and s187B injunctions. During his seat with Cain Ormondroyd, Horatio assisted with the conduct of two enforcement appeals.

Judicial review/statutory challenges

  • Crondall Parish Council v Secretary of State and Others [2018] EWHC CO/3900 (Admin), acting on behalf of a claimant in a s288 challenge regarding a housing development outside defined settlement boundaries in Hart District.
  • Arrowsmith v Fareham Borough Council and Lidl UK ltd [2018] EWHC CO/2282 (Admin), appeared before the High Court on behalf of a claimant applying for judicial review of a decision to permit the redevelopment of an employment park in Fareham to a Lidl store.
  • Various Claimants v Secretary of State for Transport (Heathrow Runway 3) [2018] EWHC CO/2760; [2018] CO/3071; [2018] 3089/2018; [2018] 3147/2018; [2018] 3149/2018, instructed as junior junior counsel by the Secretary of State to assist with responding to applications for judicial review against the decision to designate an Airports National Policy Statement supporting a third runway at Heathrow.
  • Driver v Maidstone Borough Council and Others [2018] CO/5627 (Admin), appeared on behalf of the claimant in the High Court in a s113 statutory challenge against the adopted Maidstone Borough Local Plan.
  • McGrath v Leeds City Council and Land Property Investment Services [2017] CO/3818 (Admin), appeared on behalf of a claimant in a judicial review application in the High Court concerning a housing development within a conservation area.

Horatio has considerable experience drafting pre-action letters, statements of facts and grounds and skeleton arguments for judicial reviews and statutory challenges.

Planning hearings

Horatio has experience appearing before planning inspectors in planning hearings. He has acted for a claimant in a planning hearing concerning a back-garden development.

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.

Environmental Law

Horatio is acting on behalf of Crondall Parish Council in a s288 challenge turning on whether a habitats appropriate assessment should have been undertaken before a planning inspector granted planning permission for a housing development.

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

Various Claimants v Secretary of State for Transport (Heathrow Runway 3), Horatio is instructed as junior counsel by the Secretary of State to assist with defending several legal challenges mounted against the designation of an Airports National Policy Statement supporting a third runway at Heathrow.

Horatio has assisted more senior 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.

Rating and Income Tax

Nottingham City Council v Elory Student Accommodation Ltd, Horatio represented a landowner against applications for liability orders for non-payment of business rates demands.

Horatio has given advice to landowners on how to alter the rateable value of their business premises while they are undergoing redevelopment.

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.

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

Premises formerly known as Club M, Horatio represented the West Midlands Police in a licensing hearing to review a premises licence following a fatal stabbing outside the premises.

Premises formerly known as Dominique’s Bar, Horatio represented Staffordshire and West Midlands Police in a hearing to determine an application for a premises licence which the Police objected to.

London Borough of Waltham Forest v Still Bar & Restaurant Ltd, represented the owner of a bar and restaurant in a four-day rehearing in Snaresbrook Crown Court of an application made by a licensing authority for a closure order under s80 of the Anti-Social Behaviour Crime and Policing Act 2014.  during the re-hearing, Horatio cross-examined seven witnesses who appeared for the Council and police.

Fenland District Council v Grove Country Park Ltd, Horatio represented a defendant in a criminal prosecution alleging a failure to comply with a compliance notice issued under the Caravan Sites and Control of Development Act 1960.

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

Oakleigh Gardens Town or Village Green application, Horatio submitted written representations on behalf of the Oakleigh Gardens Community and Action Group in support of their application to register a town or village green.

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.