Emmaline 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. Most recently, Emmaline received the following commendation in Legal 500 2023: “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.
- 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  EWHC 1922 (Admin) (reported at  2 Cr. App. R. 27  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  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  P.T.S.R D30, and  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  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  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.
- 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  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.