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.
In Legal 500 Emmaline received the following commendation: “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, she was ranked as a top planning junior in the 2022 Planning Magazine’s annual law survey and in 2024 she was named a Woman of Influence by the Royal Town Planning Institute’s The Planner.
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 and in 2024 she has acted in two planning inquiries relating to commercial development (warehousing and a science park).
In 2023/24 she has acted for Dartford Borough Council, West Berkshire District Council and Horsham District Council in the Examination hearings of their local plans. She has also this year been involved in the called-in planning application in relation to significant highways infrastructure in Oxfordshire. Emmaline regularly represents local authorities in enforcement proceedings from planning appeals to injunctions and criminal proceedings resulting in confiscation orders and is regularly instructed to assist prosecuting authorities at the earliest point to consider the evidence and to draft charges.
Notable cases include:
- Mead Realisations and Redrow Homes Ltd v Secretary of State for Levelling Up, Housing and Communities [2024] EWHC 279 – Emmaline acted for Hertsmere Borough Council in this case involving a challenge to an Inspector’s decision following a planning inquiry in which planning permission had been refused on grounds, inter alia, of failing to satisfy the flood risk sequential test in NPPF and PPG.
- 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.
- 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 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.
- 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), Emmaline was involved from the first trial in 2011 in the magistrates’ court, the appeal against conviction in the Crown Court, High Court statutory challenge and she also acted for the Council in the Proceeds of Crime Act proceedings in the Crown Court.
- 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 Lambert and Emma Dring advocate for critical highways infrastructure at Inquiry22 Feb 2024
- Flood risk: The sequential test and the relationship between PPG and NPPF13 Feb 2024
- Emmaline Lambert successfully represents South Oxfordshire District Council to resist proposal to build 160 dwellings on green field site09 May 2023
- Inquiry debates science park proposal on green belt land in Oxfordshire04 Nov 2024
- Chambers UK Bar 2025: Cornerstone Barristers achieve 75 individual rankings across 15 practice areas 17 Oct 2024
- Cornerstone Barristers continues to be ranked as one of the leading sets at the Bar in the 2025 edition of the Legal 50002 Oct 2024
- Emmaline Lambert and Rowan Clapp act in planning inquiry appeal on refusal to grant permission for 290 homes in Kent11 Apr 2024
- Cornerstone Barristers at MIPIM 202412 Feb 2024
- Biodiversity Net Gain Update04 Jan 2024
- Cornerstone Barristers achieves record results in Chambers UK Bar Directory 2024 for Planning and Environment24 Oct 2023
- Cornerstone Barristers ranked as a leading set by Chambers & Partners 202419 Oct 2023
- Cornerstone Planning Team recommended as a leading set for planning in The Legal 500 2024 guide05 Oct 2023
- Latest news on Biodiversity Net Gain (BNG) and the State of Nature29 Sep 2023
- Court of Appeal upholds CIL self build exemption ruling19 Aug 2022
- Emmaline Lambert joins Cornerstone Barristers01 Jan 2018
- 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.