Charles Merrett > Francis Taylor Building > London, England > Barrister Profile

Recent and ongoing court work includes:

• R (Boruch Roth) v London Borough of Lewisham CO/1049/2021 – Charles is instructed as sole counsel for the defendant in a judicial review against the decision of a local planning authority to exercise their discretion under section 70C of the Town and Country Planning Act 1990 to decline to determine the Claimant’s application for planning permission;
• R (Helen Kinsey) v London Borough of Lewisham CO/8/2021 – Charles is instructed as junior counsel for the defendant in a judicial review against the decision of a local planning authority to grant planning permission for the demolition of existing buildings to provide 110 residential units;
• R (Swainsthorpe Parish Council) v Norfolk County Council CO/4064/2020 – Sole counsel for the claimant in a judicial review against the formal response of a highways authority, the first case to consider the scope of the duty imposed upon a statutory consultee under the Town and Country Planning (Development Management Procedure) (England) Order 2015;
• R (Julia Ewans) v Suffolk District Council [2021] EWHC 511 (Admin) – Sole counsel for the claimant in a judicial review against the grant of outline planning permission for the erection of up to 300 dwellings;
• Sevenoaks District Council v Secretary of State for Housing, Communities and Local Government [2020] EWHC 3054 (Admin) – Junior counsel for the claimant in a judicial review against the decision of a planning inspector that a draft local plan had to be withdrawn as the local authority had failed to comply with the Duty to Cooperate;
• Wokingham BC v Scott [2019] EWCA Crim 205 – Junior counsel for the appellant in one of the leading cases concerning the enforcement powers available to a local planning authority when seeking to prosecute breaches of planning control and the correct exercise of those powers;
• R (Shiva) v London Borough of Lambeth [2019] EWHC 2387 (Admin) – Junior counsel for the defendant in an application for permission for judicial review which sought to challenge a part of the Westminster Bridge Road Regeneration Scheme. Permission was refused by both the High Court and Court of Appeal;
• East Hertfordshire District Council v Docherty and Ors [2019] EWHC 2292 (QB) – Charles acted for the successful party in committing 19 individuals for contempt of an injunction obtained to prevent breaches of planning control;

Recent and ongoing public inquiry and examination work includes:

• Homestead Farm, Bothenhampton APP/ D1265/W/20/3265649 – Charles is instructed to appear in a 4-day inquiry for the Local Authority in an appeal against the refusal of planning permission for the demolition of a farmhouse in a conservation area and the erection of a 4-bedroom low carbon house;
• Land at Haresfoot Farm, Berkhamsted – Charles is instructed to appear for the appellant in a complex appeal against an enforcement notice relating to the allegedly unlawful construction and use of 8 buildings within the Green Belt;
• Land west of Finchampstead Road, Wokingham APP/X0360/W/18/3213163 and Land off Finchampstead Road, Wokingham APP/X0360/W/18/3212916 – Charles acted for the successful party in getting planning permission refused for a development of up to 80 dwellings outside of a settlement boundary and a Suitable Alternative Natural Greenspace. The local planning authority successfully argued the SANG was not suitable, contrary to Natural England’s recommendation;
• Alongside appearing in the High Court and Planning Inquiries, Charles frequently appears in specialist tribunals such as the Valuation Tribunal for England. Charles has also appeared in and welcomes instructions to appear in the magistrates’ court and to appear in front of local authority committees (most commonly for licensing matters).

In appropriate cases, Charles is happy to work on a pro-bono basis.