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

Recent work includes:

  • Cherry Lodge, Iron Acton, Horatio appeared as sole counsel on behalf of a planning authority in a three day inquiry into two enforcement notices issued on a site in South Gloucestershire, which culminated in applications for costs on both sides.
  • Agri-Tech Park, Hinxton, Horatio appeared as junior counsel on behalf of a planning authority in a four-week planning inquiry concerning the development of a substantial agri-tech park in South Cambridgeshire.
  • 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 in this landmark case concerning a third runway at Heathrow as proposed by the Government’s Airports National Policy Statement (ANPS). Horatio is instructed as junior counsel by the Secretary of State to assist defending various judicial review challenges against the ANPS.
  • Tewkesbury Borough Council v Secretary of State and Others [2019] EWHC 406, Horatio appeared on behalf of a local planning authority as junior counsel to James Pereira QC in a High Court case concerning the interpretation of the NPPF policies regarding the calculation of five year housing land supply.

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 operators, 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.

 

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

Cherry Lodge, Iron Acton, Horatio appeared as sole counsel on behalf of a planning authority in a three day inquiry into two enforcement notices issued on a site in South Gloucestershire, which culminated in applications for costs on both sides.

Agri-Tech Park, Hinxton, Horatio is due to appear as junior counsel on behalf of a planning authority in a four-week planning inquiry concerning the development of a substantial agri-tech park in South Cambridgeshire.

The Elms, Tockington, Horatio is due to appear as sole counsel on behalf of a planning authority in a week-long inquiry into an enforcement notice it issued on a site in South Gloucestershire as well as a related s78 appeal.

Land North of Luton Road, Offley, in 2018 Horatio appeared as junior to Suzanne Ornsby QC on behalf of a planning authority in a five-day planning inquiry into a residential development of 70 houses in North Hertfordshire.

During his pupillage, 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 week-long compulsory purchase inquiry concerning an estate regeneration scheme in Brent.

Ingst Farm, Olveston, Horatio will appear as sole counsel on behalf of a planning authority in a two day inquiry into an enforcement notice.

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

Cherry Lodge, Iron Acton, Horatio appeared as sole counsel on behalf of a planning authority in a three day inquiry into two enforcement notices issued on a site in South Gloucestershire, which culminated in applications for costs on both sides.

Ingst Farm, Olveston, Horatio will appear as sole counsel on behalf of a planning authority in a two day inquiry into an enforcement notice.

Committal hearings. Horatio appeared before the High Court on two occasions on behalf of two individuals who had failed to comply with a s187b planning injunction. This instruction involved advising these individuals how they could “purge” their contempt and then mitigating before the Court in order to achieve the lowest sentence possible.

The Elms, Tockington, Horatio is due to appear as sole counsel on behalf of a planning authority in a week-long inquiry into an enforcement notice it issued on a site in South Gloucestershire as well as a related s78 appeal.

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.

Horatio has experience representing local authorities making applications under s78 of the Criminal Justice and Public Order Act 1998 regarding the unauthorised occupation of sites and in applications for committal following breach of injunctions.

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

  • Tewkesbury Borough Council v Secretary of State and Others [2019] EWHC 406, representing a local planning authority as junior counsel to James Pereira QC in a High Court case concerning the interpretation of the NPPF policies regarding the calculation of five year housing land supply.
  • Wardlaw v Milton Keynes Council and Others [2019] EWHC 669, acting on behalf of a claimant in an out-of-time judicial review challenge concerning a substantial warehouse development which was granted permission without several planning conditions that the Council's development control committee intended to impose
  • William Terry v Tonbridge and Malling Borough Council and Others [2018] EWHC CO/4789 (Admin), 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 [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 (re Heathrow Runway 3) with [2018] EWHC CO/2760; CO/3071; [2018] 3089/2018; [2018] 3147/2018; [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 [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.

Advisory work

Horatio has advised on a wide variety of planning issues, including (by way of example only):

  • CIL and vacant building credit.
  • 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 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 [2018] 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.

Licensing and Gambling

Queens Head, London, E14, Horatio appeared on behalf of a pub operator before a licensing sub-committee considering a review of the pub’s licence.

LA Confidential, Horatio appeared on behalf of a planning authority before the Crown Court in relation to an SEV appeal.

Horatio has assisted in advising gambling operators, for example on issues related to proceeds of crime and restitution.

Marks & Spencer v London Borough of Islington, Horatio is acting on behalf of a supermarket operator in a licensing appeal.

London Grace, 35 Camden Passage, Horatio appeared on behalf of a local resident in a sub-committee hearing which heard her objection to the renewal of a special treatments licence on the basis that the business was causing her noise and odour nuisance.

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.

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 with advising on a number of infrastructure matters including (by way of example only):

  • An energy company seeking advice on environmental impact assessment in relation to the decommissioning of a nuclear power station.
  • 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

Royal Borough of Greenwich v Richard Leahy, Horatio represented a landowner against applications for liability orders for non-payment of council tax.

Claus Prom and Valerie Prom v Sevenoaks District Council, acting on behalf of a billing authority in enforcement proceedings concerning unpaid business rates

Stratford On Avon District Council v James, Hugh and Emma Forsyth, acting on behalf of a local authority in council tax enforcement proceedings.

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.

Education law

Horatio has experience representing parents making complaints to schools regarding their approach towards disciplining SEN children, including exclusions, and advising on claims based upon the public sector equality duty. He has also attended hearings of the First-Tier Tribunal (Special Educational Needs and Disability) in relation to the choice of schools for SEN children.

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

Horatio has significant experience advising on EU law matters. Horatio is assisting in advising the Secretary of State for the Environment, Food and Rural Affairs on the system he should devise to replace the role of the European Commission in enforcing environmental law standards after Brexit.

Many of Horatio’s judicial review cases raise matters of EU law. For example, the case Crondall Parish Council v Secretary of State and Others [2018] EWHC CO/3900 (Admin), in which Horatio acts for the Claimant, raises an EU law point arising out of the Habitats Directive and the Court of Justice decision in Case C-323/17 People Over Wind [2018] PTSR 1668.

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.

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

Friends of Great Lees Field, Horatio is instructed to appear on behalf of a TVG applicant in a three day inquiry due to take place in October 2019.

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.

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