Emmaline Lambert

Call: 2003

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Emmaline Lambert
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Emmaline Lambert specialises in planning, environmental, public law, and regulatory crime.

She is ranked as a leading junior in planning, and health and safety in the latest editions of the Chambers and Partners and Legal 500 directories. In 2024, she was named a Women of Influence by the Royal Town Planning Institute’s The Planner.

Emmaline received the following commendation in The Legal 500: “Emmaline’s closing statements are the stuff of legends; they are clear and passionate, delivered in her own inimitable style”.

Emmaline acts on behalf of a wide range of clients and also accepts public access instructions. She is on the Attorney General’s List (C) for Specialist Regulatory Advocates (HSE and Environment Agency).

Before being called to the Bar in 2003, Emmaline spent seven years working for a US Investment Bank having joined on the graduate scheme.

Expertise

  • Planning and Environment

    Planning and environmental work represents a significant part of Emmaline’s practice. She is ranked as a leading junior in Planning in the most recent editions of Chambers and Partners and Legal 500, and she is ranked as a top planning junior in the 2022 Planning Magazine’s annual law survey.

    Emmaline regularly appears in planning inquiries. Recently she has appeared in several planning inquiries relating to large housing appeals acting for both local authorities and appellants. In 2021 she acted for West Berkshire District Council in a 4 week called in appeal and for Tunbridge Wells Borough Council in a 5 week called in application relating to major development in the AONB. She has also acted for a housing developer in a local plan hearing and is currently instructed by a local authority in the Examination hearings for a new local plan in 2022. Emmaline regularly represents local authorities in enforcement proceedings from planning appeals to injunctions and criminal proceedings resulting in confiscation orders. Emmaline is currently instructed in relation to POCA proceedings in two separate cases brought by the London Borough of Hounslow and two separate cases for the London Borough of Hackney. She is regularly instructed to assist prosecuting authorities at the earliest point to consider the evidence and to draft charges.

    Notable cases include:

    • Junior counsel in the case of Sanger and Sanger v London Borough of Newham [2014] EWHC 1922 (Admin) (reported at [2014] 2 Cr. App. R. 27 [2014] 2 P. & C.R. 16 and J.P.L. 2014), in which she has been involved since the first trial in 2011. She also acted for the Council in the Proceeds of Crime Act proceedings in the Crown Court.
    • Junior counsel acting for the London Borough of Enfield in Koumis v Secretary of State for Communities and Local Government [2014] EWCA Civ 1723 regarding whether an erroneous notice under s.173A of the 1990 Act, purporting to vary an existing valid enforcement notice, rendered the enforcement notice a nullity.
    • Emmaline represented the London Borough of Hackney in R (on the application of Nicholas Perry) v Hackney LBC and Newmark Properties (SN) LLP and Sainsbury’s Supermarkets Ltd [2014] P.T.S.R D30, and [2014] JP.L. 1329 regarding the remit of confidentiality in financial viability appraisals provided to a local planning authority.
    • Emmaline acted for Ashford Borough Council in the case of R (oao Camilla Swire) v Ashford Borough Council [2021] EWHC 702 (Admin) in which the Council had issued a lawful negative screening opinion but the grant of planning permission for a winery in the AONB was challenged; there had to be a change in circumstances after the screening opinion and that change had to be rationally capable of leading to a change in the view that the development was not EIA development for an issue under regulation 3 to arise.
    • Emmaline acted for the local authority in Gardiner v Hertsmere BC [2021] EWHC 1875 (Admin) and in the subsequent proceedings in the Court of Appeal, regarding whether the self-build exemption from the community infrastructure levy, provided for in the Community Infrastructure Levy Regulations 2010 was available if development had first been authorised by retrospective planning permission under s.73A of the Town and Country Planning Act 1990.
  • Commercial and Regulatory

    Emmaline regularly appears in both Magistrates’ Courts and Crown Courts representing prosecuting authorities and defendants in several areas of regulatory crime including Trade and Consumer Protection, Health and Safety, Food Safety and Environmental law (including Statutory Nuisance).

    Emmaline is recommended as a leading junior in Health and Safety in recent editions of Legal 500.

    She is appointed to the Panel of Specialist Regulatory Advocates for the Health and Safety Executive (HSE) and the Environment Agency.

    She successfully prosecuted Bellway homes, Poundland and Kier MG and defended an escalator company in respect of health and safety offences. She was junior counsel in representing one of the world’s leading oil companies on the regulatory consequences of the Buncefield Terminal explosion.

    Emmaline acted for the HSE in proceedings relating to a fatality of an employee at work. She has recently represented the HSE in the Court of Appeal in relation to two separate cases in which the sentence has been appealed.

    Recent environmental work has included prosecution of a company for waste offences on behalf of the Environment Agency and representation of a waste company served with a revocation notice. She is currently involved in three planning prosecutions brought by 2 local planning authorities.

  • Public Law and Judicial Review

    Emmaline is regularly instructed to settle proceedings and appear in judicial review proceedings.

    She has recently successfully defended Hertfordshire County Council in JR proceedings brought by two claimants including Tarmac Ltd, Ashford Borough Council in relation to a planning permission it granted for a winery in the AONB (R (oao Camilla Swire) v Ashford Borough Council [2021] EWHC 702 (Admin)) and Hertsmere Borough Council in relation to its decision to issue Liability and Demand Notices under the Community Infrastructure Levy Regulations 2010 following its finding that the self-build exemption did not apply where development had first been authorised by retrospective planning permission under s.73A of the Town and Country Planning Act 1990.

    She acts in the best interests of her clients, is approachable and friendly, knowledgeable, consistent and delivers a very high standard of service.

    Legal 500 (2024)

    Emmaline's closing statements are the stuff of legends; they are clear and passionate, delivered in her own inimitable style.

    Legal 500 (2023)

    Emmaline is a tough advocate with a bright and fresh approach. She demonstrates a very high level of client care and delivers in highly sophisticated areas of planning law.

    Chambers UK Bar (2023)

    An extremely good advocate who takes account of all the relevant factors, taking the time to ensure she is well educated and up to speed with pertinent issues.

    Legal 500 (2022)

About Emmaline

  • Directory Quotes
    • “She is understated in her advocacy, very efficient and a really good practitioner.” Chambers and Partners 2024
    • “She acts in the best interests of her clients, is approachable and friendly, knowledgeable, consistent and delivers a very high standard of service. She is hardworking and competent, reliable, respectful to the inspector and court. Her advocacy is clear and concise, extremely persuasive, polite and courteous, respectful and takes witnesses down rabbit holes without them realising it.” Legal 500 2024
    • “Emmaline Lambert is respected as a strong junior in the field who has broad experience of inquiries, enforcement matters and High Court challenges. She represents a diverse range of clients, including developers and third parties, and is routinely instructed to represent local authorities in planning inquiries and appeals. She is experienced in planning cases involving numerous sensitive environmental issues.” Strengths: “Emmaline is a tough advocate with a bright and fresh approach. She demonstrates a very high level of client care and delivers in highly sophisticated areas of planning law.” Chambers and Partners 2023
    • “Emmaline is very organised and always delivers on time. She is very personable, with a robust but friendly and supportive manner. Her cross examination is perfectly judged, incisive, and unflinching. Emmaline’s closing statements are the stuff of legends; they are clear and passionate, delivered in her own inimitable style.” Legal 500 2023
    • “She is always very well prepared and extremely supportive.” Chambers and Partners 2022
    • “An extremely good advocate who takes account of all the relevant factors, taking the time to ensure she is well educated and up to speed with pertinent issues. She is easy to work with and helps to put the consultant team at ease during examination but applies appropriate pressure during cross-examination.” Legal 500 2022
    • “She has a very good, practical sense of what works, good planning knowledge and a good style with the inspectors.” Chambers and Partners 2021
    • “Ms Lambert is very knowledgeable, approachable and personable. I look forward to being able to work with Ms Lambert as I know my case will in safe hands and I know how thorough her advice is. I like her fair but firm style of advocacy in court, too.” Legal 500 2021
    • “She is a dedicated, hard-working and diligent counsel who at the same time is friendly and easy to work with.” “Her advice is very useful and pragmatic.” Chambers and Partners 2020
    • “Very experienced in health and safety prosecutions.” Legal 500 2020
    • “Approachable and well prepared, she performs well in court” Legal 500 2020
    • “She is a very effective advocate with a nice cross-examination style.” Chambers and Partners 2019
    • “She is singularly impressive in her dedication to the client.” Legal 500 2018
    • “Very engaging style, and very popular.” Legal 500 2018
    • “Respected as a strong junior in the field”. Chambers and Partners 2017
    • “She is helpful, practical and down to earth, with expert knowledge.” The Legal 500 2017
    • “She swiftly turns around excellent paperwork in urgent circumstances.” The Legal 500 2017
    • “She is calm and focused …[clients are] impressed by her client care and attention. She has the ability to see issues others haven’t thought of”. Chambers and Partners 2017
    • “Impressive in her dedication to clients facing exceptional difficulties”. Legal 500 2016
    • “Extremely personable, very easy to get on with, and fiercely defends clients”. Legal 500 2015
  • Conferences
    • Speaker at RTPI Legal Update Conference on ‘Planning Enforcement’ (2016)
    • Officer training seminar for local authority on ‘Preparing for and Giving Evidence at Inquiries’ (2016)
    • Half-day officer training seminar for local authority on Planning Enforcement (2016)
    • Seminar on ‘Preparing for and Giving Evidence at Inquiries’ for national firm of planning consultants (2016)
    • Speaker at Lawyers in Local Government Conference on ‘Planning Enforcement’ (2017)
  • Associations
    • Member of Planning and Environment Bar Association
    • Member of the South East Circuit
    • Member of Middle Temple
    • Member of UK Environmental Law Association
    • Member of the Compulsory Purchase Association
  • Notable Cases
  • Events

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