Martin Carter
Practice Areas:
Practice Area CVs:
Year of Call: 1992
Martin practises in all areas of Town and Country Planning. He undertakes advisory work and appears at inquiries and in Court in respect of his practice areas. He regularly appears before planning inquiries throughout England and Wales and the Administrative Court in those specialisms. He appears for both local planning authority and developer clients. Martin also accepts cases in respect of planning proposals in the Isle of Man.
His practice has a particular focus upon renewable energy schemes. He has appeared at around a dozen inquiries relating to wind farm proposals, including schemes dealt with under the Electricity Act 1989.
Martin regularly undertakes work relating to retail proposals and is experienced in dealing with cases which raise issues of retail impact assessment. His inquiry work in connection with housing has also given him experience in dealing with the assessment of housing land requirements and supply. He has significant experience in dealing with minerals and waste cases and promoted both the Cumbria Minerals and Waste Local Plan and the Cheshire Waste Local Plan for the planning authorities.
He also has extensive experience of promoting and opposing compulsory purchase orders, particularly in respect of regeneration schemes. He also accepts cases concerning disputed compensation before the Lands Tribunal and works with clients to achieve appropriate negotiated solutions.
Martin also undertakes work in the area of Commons and Village Greens. He appears for both applicants and objectors at informal inquiries and also regularly acts as inspector at such inquiries in order to make recommendations to the registration authority.
Martin works in the field of Highways Law, including advisory work and appearances at public path and definitive map modification order inquiries.
Martin also has significant experience in environmental law, especially in relation to the issues surrounding Environmental Impact Assessment, waste disposal and management and complex statutory nuisance cases, including noise from motor racing and vehicle testing activities.
Martin also practises in the areas of Local Government Law and public law, particularly as regards Local Government powers, structure and procedure.
He often delivers lectures and seminars in his practice areas to the Royal Town Planning Institute, Local Government Group and others.
Significant cases include:
Barnsley MBC v Secretary of State for Communities and Local Government [2010] EWHC 206 (Admin) [a section 288 challenge relating to Inspector's decision to allow a gypsy encampment in the Green Belt].
R (Woolley) v Cheshire East Borough Council [2009] EWHC 1227 (Admin) [scope of the Habitats Directive and the relationship between planning control and the Directive's licensing regime].
R (on the application of Gardner) v Harrogate BC and Atkinson [2008] EWHC 2942 (Admin) [a challenge by the Leader of Harrogate BC to one of the Council's own decisions, involving issues of apparent bias of Members who participated in a decision on a planning application].
R (on the application of Technoprint PLC) v Leeds City Council [2007] EWHC 638 Admin [Judicial Review of grant of planning permission - procedural fairness in discharging conditions and delegated authority]
R (on the application of Anderson) v City of Bradford MDC and another [2006] All ER (D) 337 Nov [need for Environmental Impact Assessment when discharging planning conditions].
R (on the application of Spice) v Leeds City Council [2006] All ER (D) 391 Feb [scope of sections 116 and 117 of the Highways Act 1980].
Executors of the Estate of W R Woolhouse v Barnsley MBC (2005) EWLands ACQ/7/2004 [compensation: preliminary point on limitation]
Swift v Barnsley MBC (2004) EWLands ACQ/2/2002 [disputed land compensation]
R (on the application of Grant-Nicholas) v Bromsgrove BC [2004] All ER (D) 105 Jun [duty to give reasons in rejecting Local Plan Inspector's recommendation].
Lomax v Secretary of State for Local Government, Transport and the Regions [2002] EWHC 921 (Admin); [2002] 21 LS Gaz R 33 [CPO challenge]
Braithwaite v Doncaster MBC [2000] 13 LS Gaz LR 45; [2000] EGCS 42 [challenge to the Doncaster UDP]
Knowles v Secretary of State for the Environment, Transport and the Regions and Chorley BC [1998] JPL 593 [Tree Preservation Orders]
Recommendations:
Chambers UK 2010:
Martin Carter has built up a sound reputation in all areas of planning and environmental issues, particularly those concerning wind farms.
Chambers UK 2009:
"Sound and Practical," Martin Carter is recognised for his advice on town and village green applications. New to the tables this year, Martin Carter also deals with highway law, CPOs and inquiries into developments involving a wide number of sectors.
Chambers UK 2008:
Martin is recommended for Planning, which states that "he treats people with respect, has a good understanding of the law and is very effective."
Memberships:
Planning and Environmental Bar Association
Administrative Law Bar Association
Northern Circuit
North Eastern Circuit
Career and Education:
University: New College, Oxford
Degree: MA (Oxon) and BA (Jurisprudence) [first class]
Year of Call: 1992 [Middle Temple]
Joined Chambers: 1992
