AREAS OF EXPERTISE:
Martin undertook his pupillage at Kings Chambers and has spent his entire practicing career with chambers. He undertakes advisory work and appears at inquiries and the Courts at all levels, including the Supreme Court.
Year of Call: 1992
Martin practises in all areas of planning and environmental law, with particular experience of housing where 5 year supply and /or needs assessment is in issue, renewable energy, retail, minerals and waste. He also undertakes work in relation to environmental law, particularly with regard to environmental impact assessment and strategic environmental assessment. Martin has promoted many Local Plans at examination and also appears for objectors at examination hearings. He also practises in the field of compulsory purchase. Martin accepts Instructions throughout England and Wales and in the Isle of Man.
Significant Reported Cases:
R (Larkfleet Homes Limited) v Rutland County Council  EWHC 4095 (Admin) [neighbourhood planning].
Gladman Developments Limited v Wokingham Borough Council  EWHC 2320 (Admin)[Local Plan challenge].
R (BDW Trading (trading as Barratt Homes)) v Cheshire West and Chester Council and others  EWHC 1470 (Admin) [neighbourhood planning]
Hargreaves v Secretary of State for Communities and Local Government and another  EWHC 1999 (Admin);  Env LR 9  JPL 134 [Habitats Directive]
R (Woolley) v Cheshire East Borough Council  EWHC 1227 (Admin)[European Protected Species]
Martin accepts Instructions to appear as advocate at inquiries into applications to register land as a Village Green. He is also regularly instructed by Registration Authorities to sit as an Inspector at inquiry and to report to the Authority with recommendations. He undertakes Court work in relation to Judicial Reviews on such matters and has appeared in the Supreme Court in a leading case on the proper interpretation of section 14 of the Commons Registration Act 1965.
Significant Reported Cases
Paddico (267) Limited v Kirklees Metropolitan Council  AC 1072;  2 WLR 300;  1 P&CR 24;  JPL 745.
Martin practises in all areas of Highway Law. Such work is advisory, at inquiry and in Court, and he has promoted road schemes, including motorway improvements for the Highways Agency. He regularly advises in relation to stopping up, diversion and the creation of public highways and the existence and extent of the highway authority’s duty to maintain the highway.
R (on the application of Spice) v Leeds City Council  All ER (D) 391 Feb [scope of sections 116 and 117 of the Highways Act 1980].
Martin undertakes work in relation to local authority decision-making, duties, powers and structures, particularly in areas connected with the above areas of expertise.
Significant Reported Cases
R (on the application of Gardner) v Harrogate BC and Atkinson  EWHC 2942 (Admin)[bias in decision making]
Junior Counsel to the Crown (Provincial Panel)
Planning and Environmental Bar Association
Administrative Law Bar Association
North Eastern Circuit
MA (Oxon) BA (Oxon) Jurisprudence [First Class]
Legal 500 2020
"Exceptionally capable and personable."
Chambers UK 2020
"Martin impresses with his ability to manage inquiries and his overall working manner." "Quick to identify key points and concentrate on them very effectively."
Chambers UK 2019
"Responsive and pragmatic. His written advice is excellent and commercially focused." "He has a very easy manner and provides invaluable advice."
Legal 500 2018
‘A very personable barrister, who builds excellent rapport with everyone he works with.’
Chambers UK 2017
"He works hard for clients and takes a pragmatic approach." "He is considered and calm, with a good eye for detail and sound judgement."
Chambers UK 2016
"Unflappable and completely focused when under the ultimate pressure." "A robust advocate who is very unpretentious and user-friendly."
36 Young Street, Manchester, M3 3FT
DX: 718188 MCH 3
Direct Dial: 0161 832 9082
5 Park Square, Leeds, LS1 2NE
DX: 713113 LEEDS PARK SQ
Direct Dial: 0113 242 1123
Embassy House, 60 Church Street,
Birmingham, B3 2DJ
DX: 13023 BIRMINGHAM
Direct Dial: 0121 200 3570
David Manley QC and Martin Carter act in the first appeal to reach inquiry under the Rosewell pilot scheme
Martin Carter was part of a team that ensured that Fylde Trout Fishery was defended against a planning appeal notice.
Martin Carter has assisted the Environment Agency in securing consent for the diversion of public rights of way, which will assist the UK Government to continue meeting its…
Winckworth Sherwood in conversation with Kings Chambers
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