Martin Carter

Practice:

Town and Country Planning
Compulsory Purchase
Highway Law
Town and Village Greens
Local Government Law
Environmental Law
Public Law / Judicial Review

Profile:

Martin practises in all areas of Town and Country Planning, including housing, retail, employment, renewable energy, minerals and waste disposal and management. He also undertakes advisory work and appears in respect of Local Plan and UDP inquiries and Local Development Framework examinations. 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.

Martin has extensive experience of promoting and opposing compulsory purchase orders, particularly in respect of regeneration schemes and schemes within Pathfinder Areas. He also accepts cases concerning disputed compensation before the Lands Tribunal.

Martin also undertakes work in the area of Town and Village Greens. He appears for both applicants and objectors at informal inquiries and has acted as non-statutory inspector at such inquiries in order to advise 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 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.

Martin often delivers lectures and seminars in his practice areas to the Royal Town Planning Institute, Local Government Group and others.

Significant work includes:

Significant recent inquiries include acting for Tynedale DC throughout 2008 at a conjoined inquiry into three wind farm proposals totalling approximately 60 turbines. Martin was instructed again by Tynedale to oppose a 6 turbine scheme which was heard at inquiry in January 2009. In April/May 2009 Martin is instructed to act for South Lakeland District Council opposing a 6 turbine proposal near Kendal and is to act for that authority at a similar inquiry later in the year.

Other major inquiries include acting for the North Liverpool Academy opposing the registration of the Dixie Dean Memorial Playing Fields in Liverpool as a Town or Village Green, housing clearance CPOs in Hartlepool, Derwentside and Easington, call-in inquiry in York for the main objector to 2 major Greenfield housing proposals, an inquiry in Bradford in respect of a major retail proposal, the Cheshire Waste Local Plan and two call-in inquiries in respect of landfill proposals.

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 EIA 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].

Cetin Tanriverdi v Shrewsbury and Atcham BC [2005] EWCA Civ 1263 [acting for local authority on an appeal against sentence of imprisonment imposed for breach of a of section 817B injunction]

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]

Chorley BC v Thomas [2001] All ER (D) 210 Jul [case stated appeal – Hackney Carriage licensing]

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