Odette Chalaby is a specialist planning, environmental and public law barrister. She has been recognised by Planning Magazine as one of the 6 top-rated junior planning barristers under 35 in the country.
Odette represents developers, public authorities and interested parties at all stages of the planning process, from inquiries and hearings to High Court challenges. Her experience includes promoting solar farms, large housing schemes and minerals development.
Odette is also an elected trustee of the UK Environmental Law Association (UKELA) and a member of the Attorney General’s “Junior Junior” 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 (Bahamas) [2023] UKPC 28, a case relating to conspiracy to murder in the Bahamas.
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 6 top-rated junior planning barristers under 35 in the country.
Odette has significant experience in renewable energy planning, in particular solar, battery storage and energy from waste schemes. She has appeared at multiple inquiries/hearings for solar and battery storage schemes, several of these Secretary of State call-ins. Her experience spans proposals in the Green Belt, National Landscapes, and on best and most versatile agricultural land.
| Odette has experience of both bringing and defending judicial and statutory reviews, including under s.288 and s.289 TCPA. Recent experience includes Bramley Solar Farm Residents Group v SoS [2023] EWHC 2842 (Admin) (led by Thea Osmund-Smith), where she successfully defended a challenge to a grant of permission for a 45MW solar farm. Key matters dealt with by the High Court included amendments at appeal stage and alternatives. Odette is currently instructed to represent an Interested Party in the High Court in another challenge to a solar farm consent. 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. During pupillage, Odette assisted her supervisor Nina Pindham on two landmark climate change cases: the successful judicial review of the Government’s Net Zero Strategy (R (Friends of the Earth et al.) v SoS [2022] EWHC 1841 (Admin)); and R (Finch) v Surrey County Council [2022] EWCA Civ 187. |
Odette has a particular interest in, and growing experience of, all aspects of major infrastructure projects. She has appeared at both DCO examinations and s.78 inquiries dealing with such schemes. Current instructions include promoting a series of solar farms that fall just below the 50MW threshold for nationally significant infrastructure projects and representing a local community group in the Gatwick Airport second runway DCO.
Odette is an active member of the National Infrastructure Planning Association. For more details of her experience, please see the Energy section.
Odette has experience in both advisory and appeal work relating to minerals development. Odette has also spoken at the annual RTPI Minerals Planning Conference.
Cases include:
Odette has already appeared in more than 25 planning inquiries and hearings, related to developments including in the energy, residential, minerals and commercial sectors. She represents developers, public authorities, and interested parties at all stages of the planning process, both unled and as junior counsel.
Please see the Energy, Residential and Minerals sections for some examples of Odette’s recent experience, which includes:
Odette has experience representing and advising clients in relation to planning enforcement matters, including immunity from enforcement, lawful development certificates, enforcement notices and planning injunctions. Recent instructions include representing local authorities and appellants at enforcement and lawful development certificate inquiries and hearings. Odette has also represented the LPA at a hearing in the High Court in relation to proceedings against 28 defendants and alleged breaches of a s.187B planning injunction.
| Odette frequently represents developers, local authorities, and interested parties at all stages of the residential planning process. Recent instructions include:
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Odette’s practice spans a broad spectrum of environmental law matters, including environmental assessment, climate change, water law and protected sites and species. She is particularly interested in issues at the intersection of planning and environmental law, including renewable energy, biodiversity net gain and retained EU law. Since 2021, Odette has been an elected trustee of UKELA.
| Odette has significant experience in renewable energy planning, in particular solar and battery storage schemes. She is frequently instructed on high profile inquiries and hearings, several of these Secretary of State call-ins. For more details, please see the “Energy” section of this page. Odette also has experience of, and interest in, a wide range of net zero and climate change matters. Current and previous instructions include:
During pupillage, Odette assisted her supervisor Nina Pindham on two landmark climate change cases: the successful judicial review of the Government’s Net Zero Strategy (R (Friends of the Earth et al.) v SoS [2022] EWHC 1841 (Admin)); and 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. As a law student volunteer, Odette assisted Plan B Earth in drafting its human rights submissions in R(Friends of the Earth Ltd et al.) v Heathrow Airport Ltd [2020] UKSC 52. | |
Odette advises across a wide range of issues arising from environmental assessment, from EIA screening and scoping to habitats assessment and legal reform.
Odette has a particular interest in retained EU environmental law. She 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.
Odette has growing experience in water and waste water law. Led by Richard Kimblin KC, she has advised statutory undertakers on interpretation of the Water Industry Act 1991 and the suite of retained EU law, including the Urban Waste Water Treatment Regulations.
Odette also has experience of advising developers, statutory undertakers and local authorities on the intersection of the planning system with water and waste water regulation.
As to waste, Odette has successfully conducted a number of prosecutions under the Environmental Protection Act 1990. She has appeared in the Crown Court for sentencing of such offences, with one of her prosecutions resulting in significant custodial sentences for two defendants.
Odette has been involved in a number of inquiries involving protected habitats and species issues, including phosphate mitigation and the Wild Birds directive.
She has also advised clients in the public and private sectors on a range of nature conservation issues. Previous instructions include:
Being at the intersection of both planning and environmental law, Odette has particular interest in all aspects of biodiversity net gain. She is familiar with the evolving legal framework and associated guidance. She has provided advice on matters including implementation and small sites.
Thank you to all who attended the Local Planning Authority Seminar Yesterday. We hope it was both informative and enjoyable for you all.
Finch is a Supreme Court judgment which has been long awaited. It deals with the effects of development which are ’downstream’. Many practitioners want to know…
Thank you to all who attended the Local Planning Authority Seminar Yesterday. We hope it was both informative and enjoyable for you all.
Finch is a Supreme Court judgment which has been long awaited. It deals with the effects of development which are ’downstream’. Many practitioners want to know…
