Odette Chalaby

Call: 2021

Odette specialises in planning, infrastructure, environmental and public law.

Contact Practice Managers

LinkedIn profile

Shortlist

Download CV

Practice summary

Planning

Environment

Public and Administrative

Cross-practice

Practice Summary

Odette specialises in planning, infrastructure, environmental and public law. She is ranked by Planning Magazine as the sixth top-rated junior planning barrister under 35 in the country.

Odette represents developers, public authorities and interested parties at all stages of the planning process, including in the Courts, section 78 appeals, and DCOs. Her experience includes promoting energy developments, large housing schemes and quarries.

Recent cases include:

Burcot: acted (unled) for the developer at inquiry, securing permission for a 49.9MW solar farm and battery storage scheme on 57ha best and most versatile agricultural land, the first solar farm found to meet all new Grey Belt NPPF tests at appeal
Fillongley: currently acting (unled) for the developer at a two-week inquiry for a 40MW solar farm, where issues raised by the Council and Rule 6 Party include impact on heritage, landscape, Grey Belt and best and most versatile agricultural land
Colestocks: currently acting (unled) for the local planning authority at an inquiry for 86 homes
Hallow: acted (unled) for the developer at a hearing, securing permission for 40 houses together with costs
Hatfield Aerodrome: acting for the developer in a multi-week inquiry relating to a proposed sand and gravel quarry in the Green Belt (led by Richard Kimblin KC)
Gatwick Airport: acting for a community group objecting to the second runway DCO (led by Estelle Dehon KC)
Bramley [2023] EWHC 2842 (Admin): acted for the developer (led by Thea Osmund-Smith), in a case dealing with amendments at appeal stage and assessment of alternative sites in relation to a solar farm consent.

In terms of environmental law, Odette’s practice includes climate change, water law, environmental assessment and protected sites and species. Since 2021, Odette has been an elected trustee of the UK Environmental Law Association (UKELA).

She has recently been part of international teams of Counsel:

drafting submissions on behalf of the WWF to the International Court of Justice regarding the request for an Advisory Opinion on States’ climate obligations
assisting a group of NGOs in ongoing proceedings before the CJEU challenging changes to the EU Taxonomy in respect of investments in shipping and aviation
drafting submissions on behalf of the Global Strategic Litigation Council to the Inter-American Court of Human Rights on States’ climate and human rights obligations.

Odette has broad public law experience, acting for claimants, defendants and interested parties. She is currently a member of the Attorney General’s “Junior Junior” Panel Scheme. In terms of pro bono work, she was part of the Counsel team that represented the Appellant in the Privy Council in Moss v The King [2023] UKPC 28, a case relating to conspiracy to murder in the Bahamas.

Planning

Odette represents developers, public authorities and interested parties at all stages of the planning process, including in the High Court, s.78 appeals, and DCOs. She has been recognised by Planning Magazine as one of the sixth top-rated junior planning barristers under 35 in the country and has appeared already in more than 35 planning inquiries or hearings.

High Court Challenges: Odette has experience of both bringing and defending judicial and statutory reviews, including under s.288 and s.289 TCPA. For example, in Bramley Solar Farm Residents Group v SoS [2023] EWHC 2842 (Admin), she successfully defended a challenge to a grant of permission for a 45MW solar farm (led by Thea Osmund-Smith). Key matters dealt with by the High Court included amendments at appeal stage and alternative sites. Also led by Thea Osmund-Smith, Odette was involved in successfully resisting an application for permission to appeal to the Supreme Court on behalf of the Government in an important case around interpretation of the GPDO, Cab Housing v SoS LUHC [2023] EWCA Civ 194. Odette assisted in drafting grounds for both the High Court and Court of Appeal.

Energy: Odette has significant experience in renewable energy planning, in particular solar, battery storage and energy from waste schemes. Her experience spans proposals in the Green Belt, National Landscapes, and on best and most versatile agricultural land, including:

Burcot: acted (unled) for the developer at inquiry, securing permission for a 49.9MW solar farm and battery storage scheme on 57ha of best and most versatile agricultural land, the first solar farm found to meet the new “Grey Belt” NPPF tests at appeal
Fillongley: currently acting (unled) for the developer at a two-week inquiry for a 40MW solar farm, where issues raised by the Council and Rule 6 Party include impact on heritage, landscape, Grey Belt and best and most versatile agricultural land
Upper Leigh: acted (unled) for the developer at a hearing, securing permission and costs for a 49.9MW solar farm
Washdyke: acted (unled) for the developer at a hearing, securing permission and costs for a 27MW solar farm
Bramley [2023] EWHC 2842 (Admin): acted for the developer (led by Thea Osmund-Smith), successfully defending a challenge to a grant of permission for a 45MW solar and battery storage development. Key matters dealt with by the High Court included amendments at appeal stage and alternative sites.
Acted for the successful developers as junior counsel at inquiries in respect of a number 40-50MW solar farms, including at Belvoir Castle, Southlands, Fobbing, Honiley Road, Langford, and Halse Road.

Residential: Odette frequently represents developers, local authorities, and interested parties at all stages of the residential planning process. Examples of her experience include:

currently acting (unled) for a local planning authority in respect of an inquiry for 86 houses in Devon
currently advising developers in relation to appeals for a number of residential schemes (e.g. 43 dwellings, 40 dwellings, 9 dwellings) (unled)
acted (unled) for the developer at a number of residential hearings, for example securing permission for 40 houses in Worcestershire together with costs and securing permission for 6 homes in Lichfield

represented the Appellant as junior counsel in multiple major residential planning inquiries

represented a local authority at an inquiry for 195 homes (unled) and a Parish Council at an inquiry for 120 homes (unled)

Minerals and Waste: Odette has experience in both advisory and appeal work relating to minerals development. Odette has also spoken at the annual RTPI Minerals Planning Conference. Recent experience includes:

Hatfield: currently representing the Appellant as junior counsel in an inquiry relating to a proposed sand and gravel quarry in the Green Belt
Straitgate: represented the Appellant as junior counsel at a two-week minerals inquiry, securing permission for a sand and gravel quarry in Devon
Advising an MPA on determination of a minerals planning application

Infrastructure, Compulsory Purchase & Compensation: Odette has an interest in, and growing experience of, major infrastructure projects, compulsory purchase, and compensation work. She has appeared at both DCO examinations and s.78 inquiries dealing with infrastructure schemes. Current instructions include representing a local community group in the Gatwick Airport second runway DCO. Odette is an active member of the National Infrastructure Planning Association.

Environment

Odette’s practice spans a broad spectrum of environmental law matters, including environmental assessment, climate change, water law and protected sites and species. Since 2021, Odette has been an elected trustee of UKELA.

Recent instructions include:

Part of a global team of Counsel drafting submissions on behalf of the WWF to the International Court of Justice regarding the request for an Advisory Opinion on States’ climate obligations under international law
Part of a team of Counsel assisting a group of NGOs challenging changes to the EU Taxonomy in respect of investments in shipping and aviation
Part of a global team of Counsel drafting submissions on behalf of the Global Strategic Litigation Council to the Inter-American Court of Human Rights regarding the request for an Advisory Opinion on States’ climate obligations under human rights law
Drafting grounds of appeal in relation to a SSSI consent modification
Advisory work including on Habitats / EIA Regulations, biodiversity net gain, carbon credits, water law, and access to environmental information
Representing local authorities in waste prosecutions under the Environmental Protection Act 1990, with one prosecution resulting in significant custodial sentences for two defendants in the Crown Court

Odette has a particular interest in EU environmental law and has provided expert legal commentary for LexisNexis on the implications of the Retained EU Law Bill for domestic environmental law. She is also part of PEBA’s retained EU law working party and a member of UKELA’s Environmental Assessment Working Party.

During pupillage, Odette assisted on two landmark climate change cases:

the successful judicial review of the Government’s Net Zero Strategy (R (Friends of the Earth.) v SoS [2022] EWHC 1841 (Admin))
the Court of Appeal case on EIA assessment and downstream greenhouse gas emissions R (Finch) v Surrey County Council [2022] EWCA Civ 187, which has since been successfully appealed in the Supreme Court.

Public and Administrative

Odette has broad public law experience that extends beyond her planning and environmental practice. She acts for claimants, defendants and interested parties, and is a member of the Attorney General’s Junior Junior Panel Scheme.

In terms of pro bono work, Odette was part of the Counsel team that represented the Appellant in the Privy Council in Moss v The King (Bahamas) [2023] UKPC 28, a case relating to conspiracy to murder in the Bahamas. Odette has also volunteered for the School Exclusion Project, representing parents of children that have been permanently excluded from school at Governors’ Disciplinary Committee hearings and Independent Review Panels (IRP).

Cross-practice

Landmark's barristers often work at the intersection of our core practice areas; bringing a wide range of skills, knowledge and experience to bear on a particular dispute or issue facing a client.

Our focus is always on achieving the best possible outcome for our client. By viewing the client's objectives in a holistic way - and not purely through the lens of one rigidly-defined legal area - we deliver the best possible advice and representation in complex matters that engage multiple specialist areas of law.

Whether it's providing support as an individual cross-practice barrister or a cross-disciplinary team of Landmark counsel, we are able to draw on an outstanding array of complementary skillsets and knowledge bases. This often achieves a better result than instructing multiple barristers from different specialist sets. This also improves the quality of client care through increased levels of communication, quicker response times, and a coordinated approach to clerking and fees, made possible by our team-based cross-practice approach.

Please contact our practice management team for more information.