Martin Carter KC

Year of call: 1992  | Year of silk: 2026

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gsmith@kingschambers.com
Clerked by: Gary Smith, Mark Ronson
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Martin Carter KC 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.

Martin undertook his pupillage at Kings Chambers and has spent his entire practicing career with chambers. He is ranked in the Top Rated Planning Juniors in Planning Magazine’s 2023 Survey. He is also ranked in Tier 1 of Legal 500 and Band 1 of Chambers and Partners for Planning Barristers. He is on the A Panel for the Government Legal Department.

Expertise

Martin practises in all areas of planning and highways, with particular experience of housing proposals where 5 year supply is in issue.

He also has extensive experience with renewable energy, retail, employment, 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.

Martin also deals with matters of compulsory purchase and compensation.

Examples of Significant Inquiries

February 2026: Successfully promoted for Harrow Estates a scheme of around 500 homes on a grey belt site at Woodford Garden Village, Stockport (with Christopher Katkowski KC CBE.

February 2026: Successfully promoted at inquiry a housing scheme for Gladman Developments Limited for 160 homes on greenfield site outside settlement limits: issues relating to 5 year supply, education places, landscape, spatial strategy and accessibility.

December 2025: Acted for Gladman Developments Limited promoting a housing scheme that was resisted by the LPA on noise grounds. LPA withdrew their case after cross-examination of the noise witness.

November 2025: Successfully acted for Boningale Homes Limited at an inquiry promoting a housing scheme at Tilstock, Shropshire. Issues included 5 year supply, landscape and visual impact, sustainability and highways.

October 2025: Successfully acted for Health and Safety Executive (led by Vincent Fraser K) opposing a scheme of over 500 homes proposed to be located in the Inner Zone of a highest tier COMAH site on public safety grounds. For reasons of national security, the inquiry took place in closed session under the provisions of s321 of the TCPA 1990. Issues included public safety and computational fluid dynamic modelling.

September 2025: Successful promotion of a housing scheme for Redrow and Persimmon at Sherburn in Elmet, Selby.

August 2025: Acted for Hallam Land Management promoting an appeal for residential development at Potton, Central Bedfordshire. Appeal allowed.

May 2025: Successful promotion of a housing scheme at inquiry in the Isle of Man for Dandara.

April 2025: Secured planning permission after a 6 day inquiry for a moto-X track in rural Powys. Principal issue was noise impact of the proposal and how to interpret an extant CLEUD that applied to the site.

March 2025: Successful appeal for Gladman Developments Limited for housing proposal in Romsey, Hampshire.

February 2025: successfully defended an appeal in Court of Appeal for Stockport MBC relating to the retail sequential test: R (Tesco Stores Limited) v Stockport MBC and Lidl UK Limited [2025] EWCA Civ 610; [2025] PTSR 1877.

October 2024: Obtained planning permission on appeal for significant employment development in Heywood for Trammell Crow. Led by Christopher Katkowski KC CBE.

October 2024: Acted for Wrexham CBC in Court of Appeal on a novel point of law relating to the powers of Local Planning Authorities in Wales: Marc Jones v Wrexham CBC [2024] EWCA Civ 1603; [2025] PTSR 1009.

September 2024: Successful in securing planning permission for housing scheme in Yalding, Kent for Hallam Land. Led by Paul Tucker KC.

August 2024: Successfully acted for Gladman Developments Limited promoting a housing scheme at Langford, Central Bedfordshire. The Council was found not to have a 5 year supply. Other issues included landscape and visual impact and compliance with the Development Plan. Greenfield site beyond settlement limits.

May 2024: Acted for Richborough (with Sarah Reid KC) at an appeal for housing proposal in Nuneaton. Martin dealt with highways issues at the inquiry. National Highways withdrew their objections to the scheme after they were cross-examined.

May 2024: Acted for National Highways at an unusual enforcement appeal relating to the infilling of redundant railway bridges. The enforcement notice was quashed and permission granted.

February 2024: Successful appeal for Gladman Developments Limited relating to a housing proposal at Ratby, Hinckley and Bosworth.

January 2024: Secured planning permission for housing scheme for Gladman Developments Limited at Creech St Michael, Somerset. Issues included nutrient neutrality.

In 2019, Martin acted for Cheshire West and Chester Council opposing the proposed retention of the University of Chester’s Faculty of Science and Engineering within the Inner Zone of the tier 1 COMAH site at Stanlow Oil Refinery. The faculty, to educate 600 students, had been established without planning permission. An inquiry took place to determine an appeal in respect of a lawful development certificate (the University having claimed that the proposal did not need permission), two appeals against enforcement notices seeking removal of the faculty and a planning appeal in respect of the retrospective application to keep the faculty. The HSE appeared at the inquiry by leading counsel to support the Council’s stance, as did the operators of Stanlow refinery. The appeal was allowed.

In 2018, he acted for the Environment Agency, promoting four separate CPOs to provide new fish passes in the River Severn to promote the conservation of rare fish species. The case was notable as it was the first occasion when the Environment Agency had used its compulsory purchase powers for a reason other than flood defence and was also believed to be the first exercise of the powers of compulsory purchase under the Salmon and Freshwater Fisheries Act 1975. All four orders were confirmed by the Secretary of State.

Village Greens

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 recent inquiries:

In 2019, Martin appeared at a non-statutory inquiry for a land promoter objecting to the proposed registration of land at Brabourne Lees, Kent, as a village green. The Inspector’s recommendation not to register the land was accepted by the Commons Registration Authority.

Significant Reported Cases on Village Greens

Paddico (267) Limited v Kirklees Metropolitan Council [2014] AC 1072; [2014] 2 WLR 300; [2014] 1 P&CR 24; [2014] JPL 745. [Supreme Court]

Martin was a Member of the Attorney-General’s Regional Panel of Counsel to the Crown from 2010 until his appointment as King’s Counsel in 2026.

Martin is a Member of the Planning and Environment Bar Association, the Administrative Law Bar Association and the Compulsory Purchase Association.

Notable Planning and Environment cases


R (Thompson) v Conwy CBC and another [2019] EWHC 746 (Admin) [interpretation of Development Plan policy]


R (Larkfleet Homes Limited) v Rutland County Council [2014] EWHC 4095 (Admin) [neighbourhood planning]


Gladman Developments Limited v Wokingham Borough Council [2014] EWHC 2320 (Admin)[Local Plan challenge]


R (BDW Trading (trading as Barratt Homes)) v Cheshire West and Chester Council and others [2014] EWHC 1470 (Admin) [neighbourhood planning]


Hargreaves v Secretary of State for Communities and Local Government and another [2011] EWHC 1999 (Admin); [2012] Env LR 9 [2012] JPL 134 [Habitats Directive]


R (Woolley) v Cheshire East Borough Council [2009] EWHC 1227 (Admin)[European Protected Species]

Martin undertakes work in relation to local authority decision-making, duties, powers and structures, particularly in areas connected with the above areas of expertise.

Notable Local Government cases


R (on the application of Gardner) v Harrogate BC and Atkinson [2008] EWHC 2942 (Admin)[bias in decision making]


Martin is a Member of the Compulsory Purchase Association.

Related News

'As an advocate he has the ability to tease out details which are integral to the case.'

Legal 500 2026

"Martin Carter is a really strong advocate, excellent at cross-examination and good at communicating with the team."

Chambers UK 2026

"Martin provides calm, clear and coherent advice and he is all over the details."

Chambers UK 2025

  

  • Junior Counsel to the Crown (Provincial Panel)

Chambers UK 2026

“Martin Carter is a really strong advocate, excellent at cross-examination and good at communicating with the team.”

Legal 500 2026

‘As an advocate he has the ability to tease out details which are integral to the case.’

Chambers UK 2025

“Martin provides calm, clear and coherent advice and he is all over the details.”

“Martin is an all-round excellent advocate.”

Legal 500 2025

‘Martin is down-to-earth, approachable, and genuine. He is always a pleasure to work with, his advice is trusted completely, and he is able to put witnesses at ease and instil in them confidence in the case.’

Chambers UK 2024

“Martin Carter provides clear and coherent advice that not only addresses the relevant planning matters in a case but pays clear attention to the commercial objectives of his clients.”

“Martin was a pleasure to work with and his knowledge is right on point and delivered in a sophisticated and robust manner.”

Legal 500 2024

Chambers UK 2022

“Martin gives sound, measured advice with a keen and ready grasp of complex technical matters.”

Chambers UK 2021

“He is a great team player and a steady hand in litigation.” “Listens to his clients, gives calm, measured advice and gets the job done.”

Legal 500 2021

“Martin is a very good and experienced barrister. He is an excellent practitioner in the our field. He was a good cross examiner and I was impressed with his competency throughout.”

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.”

  • MA (Oxon) BA (Oxon) Jurisprudence [First Class]

  • Planning and Environmental Bar Association
  • Administrative Law Bar Association
  • Northern Circuit
  • North Eastern Circuit
  • Compulsory Purchase Association

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