Charles has a keen interest in planning law and has gained experience in a variety of the issues it raises.
Judicial and Statutory reviews- Charles has experience drafting pre-action letters, pleadings and skeleton arguments in a range of town and country planning matters including:
- a grant of a planning permission which impinged on a neighbour's private rights and its Article 1 Protocol 1 ECHR implications
- the revocation of a CLOPUD on the grounds of material falsehood in the application
- the grant of planning permission in heritage and undeveloped coastline
- the legality of s.106 agreements which provide for the payment to local authorities of monitoring fees
- the duty on local planning authorities to co-operate
- assisted Saira Sheikh QC in a 6 day planning inquiry in which the primary issue was whether there was a five year housing land supply
- assisted in a 3 day enforcement inquiry concerning an alleged unlawful change of use
Charles has also advised or assisted in advising on:
- the correct assessment of disproportionality under NPPF paragraph 89
- the applicability of natural justice in the written representation planning appeal procedure
- the demolition of non-listed buildings in the conservation area since the abolition of conservation area consent
- defending enforcement prosecutions
- advising a small scale developer in relation to affordable housing contributions since the decision of the Court of Appeal in West Berkshire
- the merits of objecting to a CLEUD application for waste activity, a local authority’s discretion to enforce and a potential s.73 application to develop land without complying with conditions previously imposed on a planning permission
- advising a local planning authority in relation to assets of community value
Charles has assisted in obtaining an interim injunction under s.187B of the Town and Country Planning Act 1990 on behalf of a local authority and also an urgent interim injunction on behalf of a private party.
Charles has also assisted a landowner in objecting to a proposed re-allocation of land in a local plan
Charles has a keen interest in environmental law and has gained experience in a variety of the issues it raises.
Judicial and Statutory reviews- Charles has experience drafting pre-action letters, pleadings and skeleton arguments in matters including:
- the assessment of the cumulative impact of broiler houses under the EIA and Habitats regimes
- European Protected Species Licences
Charles has also assisted in advising a UK government department on environmental law issues arising from infraction proceedings commenced by the European Commission.
Charles has assisted in advising:
- a developer in relation to a s.278 Highway Act 1980 agreement and the extent of the Highway Authority's discretion in relation to such agreements
- a Highway Authority in relation to a s.37 (2) Highways Act 1980 notice
- a landowner in resisting the confirmation of a modification order
Charles is interested in infrastructure projects and has researched a number of DCO matters for other members of chambers.
As a first six pupil to Meyric Lewis, Charles assisted with a number of petitions to the House of Commons from residents and businesses directly and specially affected by the construction and operation of High Speed Rail 2. He attended the House of Commons Select Committee hearings on a number of occasions.
Charles has also assisted in advising:
- a major energy company in relation to the replacement under existing planning consents of plant for the purposes of electricity generation
- a public transport body in respect of the legality of its consultation which considered a number of proposed routes
- a business in relation to the heads and quantum of a claim for compensation for land which will be temporarily possessed under a DCO
Compulsory Purchase and Compensation
Charles has a keen interest in Compulsory Purchase and Compensation. He has assisted in advising a public body on the means by which the property register of land compulsorily acquired under the London Underground (East London Line Extension) Order 1997 could be discharged.
Charles has a keen interest in local government law:
- he assisted Robert McCracken QC (as a first six pupil) in defending the Broads Authority's decision to recover tolls from vessels in waters adjacent to the navigation area.
- he also assisted in advising a neighbourhood association in relation to the legal bases on which a local authority can enclose a Common (e.g. for music festivals)
- he has advised a local authority in relation to the transfer of land from a maintained school to an academy trust in preparation of the conversion of that school into an academy
Charles has experience of and appeared before the Magistrates' Court and Licensing Sub-Committee:
- he has appeared in the Magistrates' Court on behalf of licence holders in licensing appeal preliminary hearings
- he appeared before a Licensing Sub-Committee on behalf of the licence holder of a pizzeria in a review of its late night refreshment licence
- he assisted Gerald Gouriet QC (as a first six pupil) in Fabric Nightclub's successful appeal against conditions imposed on its licence
- he assisted Gary Grant who represented the licence holders of a nightclub in a summary review
- he has acted as a legal clerk to Licensing Sub-Committees
Charles is eager to practise in education law. As a law student he represented, before a panel of governors and then the Independent Review Panel, a parent whose child had been permanently excluded from school.
Charles appeared (as junior to Gregory Jones QC) in Consistory Court proceedings concerning a substantial extension of a church in the Diocese of Chester, which raised issues in relation to the relationship between the planning and faculty jurisdictions and of lawful consultation requirements.
Charles is eager to broaden his practice areas and his previous work includes:
- Immigration- regularly drafts pleadings on behalf of the Secretary of State for the Home Department resisting applications for judicial review.
- Regulatory crime- assisted Robert McCracken QC (as a first six pupil) in representing a defendant prosecuted by the Environment Agency for waste offences
- Occupiers' liability- assisted in advising a local authority in respect of liability for disused mines within their ownership but of unknown location.