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.
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.
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.
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
- Acting on behalf of a local authority defendant in a judicial review challenge concerning a housing development.
- Crondall Parish Council v Secretary of State and Others  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  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 (re Heathrow Runway 3) with  EWHC CO/2760; CO/3071;  3089/2018;  3147/2018;  3149/2018, instructed as junior counsel by the Secretary of State to assist with defending 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  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  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.
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.
Horatio is acting on behalf of Crondall Parish Council who have been granted permission to bring a s288 challenge against a decision to permit a housing development in Hart District. The claim turns on various matters of environmental law. The issues in the case concern the weight to be given to settlement boundary policies in adopted and emerging local plans and the circumstances in which a habitats appropriate assessment must be undertaken in light of the decision of the Court of Justice in Case C-323/17 People Over Wind  PTSR 1668. This case will be one of the first to consider the implications of this Court of Justice judgment to UK planning decisions.
As a preliminary matter, the Judge who granted permission also decided that the claim is an Aarhus Convention Claim that benefits from the Aarhus costs capping provisions
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.
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.
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.
Carshalton Athletic Football Club v. London Borough of Sutton, Horatio represented a premises licence holder in a two-day licensing appeal hearing in Camberwell Magistrates’ Court. The case turned on whether conditions limiting the use of outside areas to licensed premises and requiring doors and windows to be shut at night were appropriate in light of the public nuisance licensing objective and objections from neighbours about noise.
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.
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.
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.
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.