Sancho Brett
Barrister
2011
sbrett@kbgchambers.co.ukPractice Overview
Sancho is a confident and versatile advocate who appears regularly in the High Court, County Courts and Tribunals and has appeared in the Court of Appeal. He accepts instructions throughout the Country.
Sancho is enthusiastic in his approach to his work and thrives on finding effective and creative solutions to difficult issues and challenging cases. He is very approachable and believes in providing helpful, meaningful and practical advice to his clients.
Sancho has an exciting practice, split primarily between Planning and Environmental, Property and Land, and Regulatory and Local Government. He regularly acts in complicated, high value and high profile cases in each of these areas.
Sancho is authorised to accept direct access instructions.
Legal 500 Recommendation 2025 Edition - Planning & Environment - Tier 1
'Sancho is proactive and thorough in his advice and drafting work. His in-court advocacy is calm, measured and intensively prepared.'
Practice Areas
Sancho has an extremely diverse and advanced planning practice.
Sancho is regularly instructed in planning matters by local authorities. He also advises and represents applicants and objectors.
Sancho is an extremely experienced planning advocate. He has conducted judicial review hearings in the Administrative Court as sole advocate for over10 years with numerous reported decisions (see below). These have included permission hearings, final hearings and appeals in the Court of Appeal. His instructions relate to a wide range of planning issues including EIA development, affordable housing, wind turbines, noise, duty to take enforcement action, ecology and habitats, biodiversity, highways issues ,interpretation of policy, reasons challenges, weight of planning considerations, heritage assets, listed buildings, lawfulness of planning conditions, Local Green Space and Green Belt tests, decision making procedures and irrationality.
Sancho is very experienced in dealing with planning enforcement matters and has obtained numerous injunctions for local authorities in order to restrain breaches of planning control. He has also prosecuted criminal offences for such breaches including in the Crown Court.
Sancho’s previous role as a manger of a team of planning lawyers at Cornwall Council gave him a unique understanding of how planning decision making and local government work in practice. This means that he can provide practical and targeted advice in a flexible manner which suits his clients and he continues to work closely with planning officers.
Sanchodrafts notes of advice, statements of case and written submissions for hisclients.
Property Law
Sancho has a wide ranging property practice. He is instructed regularly on complex commercial possession cases and provides his clients with a holistic advice which benefits from his experience in planning, highways, public law, trusts, agricultural matters and commercial law. He also appears in the First-Tier Tribunal (Property Chamber) on a wide variety of matters including leasehold and land registration cases.
Recent landlord and tenant cases include:
• Acting for a large local authority and airport in respect of a possession claim concerning a commercial unit which had been damaged in severe storms. The tenant issued a substantial counterclaim. The case concerned the interpretation of a break clause. Possession was granted and the counterclaim dismissed at trial.
• Acting for a farmer regarding the termination of an agricultural tenancy.
• Advising commercial landlords on forfeiture proceedings.
• Representing a long leaseholder in an application for a declaration of a breach under Section 168 of the Commonhold and Leasehold Reform Act 2002.
• Acting in longstanding and involved litigation concerning service charges under long leases in respect of holiday lodges.
• Advising a landlord in respect of an application by a tenant for a new tenancy involving complicated technical legal arguments about the applicability of the Telecommunications Code.
• At Cornwall Council, Sancho provided extensive advice and assistance to the Council’s large property department, which held a significant property portfolio. He also advised Cornwall Housing Limited, which managed social housing properties for the Council across the County, on a regular basis.
Park & Mobile Homes
Sancho dealt with a range of cases involving park and mobile homes and their regulation in his capacity as a solicitor advocate for Cornwall Council including:
• Advising and representing the Trading Standards team to obtain one of the first Enforcement Orders made under the Enterprise Act 2002 against an owner of mobile homes in respect of breaches of consumer protection legislation.
• Advising multi-disciplinary teams in respect of enforcement and protection measures relating to mobile homes.
• Acting in prosecutions against mobile homeowners regarding breaches of Licence conditions and health and safety offences.
Land Law
Sancho has a wide Land Law practice. He appears regularly in the Courts and the First-Tier Tribunal (Property Chamber) on a wide variety of matters including:
• Applications for injunctions (interim and final)
• Leasehold disputes
• Land registration disputes
• Adverse possession
• Trespass
• Private Nuisance
• Public Nuisance
• Boundary disputes
• Easements
• Trusts
• Orders for sale
• Mortgage possessions
Notable recent cases include:
• Acting for a large local authority in a dispute with a large landowner concerning adverse possession, the rule in Smirk v Lyndale and the title to land - First-Tier Tribunal, Property Chamber, Land Registration.
• Acting in a claim against a local authority in nuisance and negligence in respect of highways works which caused a commercial premises to sustain flooding.
• Acting for an owner/developer in an application to discharge restrictive covenants – Upper Tribunal, Lands Chamber.
• Advising and acting in nuisance claims involving Japanese Knotweed.
• Advising local authority on numerous cases of statutory and public nuisance including in respect of dangerous structures.
• Advising on rectification of title following mistake in land transferred.
• Acting for the owners of a holiday lodge development in multifaceted litigation concerning service charges.
• Contempt of court applications.
• Advising on claims against water authorities in negligence/nuisance.
• Acting for a leaseholder in respect of an alleged breach of covenant under Section 168 of the Commonhold and Leasehold Reform Act 2002 in the First-Tier Tribunal (Property Chamber).
• Representing a local authority to oppose the registration of a strip of land in an estuary in a case concerning interpretation of historic conveyances and the ownership of foreshore - First-Tier Tribunal (Property Chamber).
• Representing a local authority in an appeal against the imposition of a financial penalty due to a breach of an Improvement Notice in respect of poor housing conditions for migrant workers - First-Tier Tribunal (Property Chamber).
• Representing a large unitary authority in a claim for an injunction for trespass regarding commercial activities on public beaches without a licence.
Sancho’s land practice is supplemented by his Planning, Environment and Highways work.
In his previous position as in-house advocate and head of litigation for a large local authority, Sancho successfully conducted high profile and complex commercial litigation, including multi-million pound disputes.
Sancho continues to have an exciting commercial practice in Chambers covering a broad spectrum of disputes.
Construction
Sancho often receives instructions in construction cases in the Courts. He acts for consumers in claims against builders (claiming and defending), and also acts in disputes for commercial parties under construction contracts. Cases often involve repudiatory breach, defective building works, delay and damages for breach. Recent cases have involved defective new build properties, a defective chapel conversion, defective heating systems, a defective renovation of a school, a defective concrete supply and defective cavity wall insulations.
Sancho is familiar with, and often advises on, standard form contracts including JCT agreements.
Commercial property
Sancho regularly advises and represents parties in commercial property disputes. He often acts for landlords in respect of commercial possession claims.
Recent cases have included acting for a large local authority and airport in respect of a possession claim concerning a commercial unit which had been damaged in severe storms. The tenant issued a substantial counterclaim. The case concerned the interpretation of a break clause. Possession was granted and the counterclaim was dismissed at trial.
Other commercial litigation
Selected cases include:
• Acting for and advising a large authority in respect of litigation concerning high value service and infrastructure contracts.
• Acting for a large established partnership in a claim against an estate to obtain declarations and financial orders concerning dissolution of the partnership.
• Advising policy holders on rights under insurance agreements.
• Advising a law firm regarding rights and liabilities following the retirement of a partner.
• Acting for a shareholder in respect of the recovery of company loans.
• Acting for a retired director of a limited company in respect of claim against them for breach of duty/trust by a liquidator.
• Acting for a computer services provider in an involved dispute over outstanding charges – successful outcome following a 2 day trial.
• Advising a city authority in respect of contractual obligations under a planning development agreement.
• Advising a consumer regarding a defective luxury sports car.
Sancho Brett accepts instructions in licensing matters.
Sancho has advised and represented taxi operators in his former capacity as a solicitor and obtained successful results at committee meetings and on appeal.
Sancho previously worked for a large local authority where he managed the legal team responsible for proving legal support and advice to the licensing department and committee members. Sancho often advised licensing committees on law, procedure and decisions at committee meetings including in respect of hackney carriage matters (applications and reviews), premises licensing (including pubs, bars, restaurants, takeaway food outlets, festivals and other temporary events, and controversial sex establishments), and street licensing. Sancho represented the authority at appeal hearings in the Magistrates Court. He also advised and represented the authority in respect of matters of licensing enforcement. Sancho has advised on judicial reviews concerning licensing decisions and licensing policy.
Sancho accepts instructions to represent parties at inquests.
Sancho has attended inquests on behalf of claimants in fatal accident cases.
At Cornwall Council, Sancho attended inquests to represent the interests of the local authority. Sancho also provided advice to the Coroner.
Sancho has extensive experience in dealing with judicial review cases and representing local authorities in the High Court including in respect of planning matters – please see [insert link for Planning profile]
Other public law instruction since joining Chambers include
• Advising on statutory grounds for qualifying for election and holding office as a member of a city council and the Labour Party Rules.
• Acting for interested party in respect of a judicial review against a decision of a Magistrates’ Court in respect of non-domestic rates liability.
Legal 500 Recommendations
Legal 500 Recommendation 2025 Edition - Planning & Environment - Tier 1
'Sancho is proactive and thorough in his advice and drafting work. His in-court advocacy is calm, measured and intensively prepared.'
Legal 500 Recommendation 2023 Edition - Planning & Environment - Tier 1
'Sancho's command of planning affairs is extensive and invaluable. He has a real grasp of the challenges faced by local planning authorities, and an attention to detail that is second to none. Sancho delivers well reasoned arguments in a polished yet personal way.'
Legal 500 Recommendation 2022 Edition - Planning & Environment - Tier 1
‘ Sancho advises brilliantly on the technical issues, but also provides fantastic practical advice. He is highly knowledgeable and very adept at reassuring and building strong relationships with clients. Incredibly personable. ’
Reported Cases
Sancho is regularly instructed in planning matters by local authorities and has conducted many high profile and significant cases. He also advises and represents applicants and objectors.
Sancho has been conducting judicial review hearings in the High Court for over 7 years with numerous reported decisions (see below). These have included permission hearings, final hearings and appeals in the Court of Appeal. His instructions relate to a wide range of planning issues including EIA development, affordable housing, wind turbines, noise, duty to take enforcement action, habitats, interpretation of policy, reasons challenges, weight of planning considerations, heritage assets and irrationality.
Sancho is very experienced in advising on planning enforcement matters and has obtained numerous injunctions for local authorities to restrain breaches of planning control. He has also prosecuted criminal offences for such breaches.
Sancho previously used to manage a team of planning lawyers at a large local authority and therefore has a unique understanding of how local government works. This means that he can provide practical and targeted advice in a flexible manner which suits his clients and he is used to working closely with planning officers.
Selected reported cases:
R (Padstow Conservation Area Protection Group) V The Cornwall Council [2024] EWHC2197 (Admin)
Representing the Cornwall Council in a judicial review of a decision to grant planning permission for the use of a historic walled garden as a public, commercial garden with associated café inPadstow, Cornwall. The case involved Local Green Space/Green Belt and AONB considerations. The claim was dismissed at a hearing in the RCJ.
R (Watton) v The Cornwall Council and R (Cameron) v The Cornwall Council [2023] EWHC2436 (Admin)
Representing the Cornwall Council in a substantial judicial review involving 2 claimants and some 18 grounds of challenge to a decision to grant planning permission for the construction of a large crematorium, with associated buildings, access, landscaping and infrastructure 3 miles from the coastal town of Bude in Cornwall.
R (Hayle Town Council) v The Cornwall Council [2023] EWHC 389 (Admin)
Representing the Cornwall Council in a judicial review of a decision to grant planning permission for the erection of 86dwellings with associated landscaping and infrastructure. The case concerned the materiality of considerations and the principle in R(Kides) v South Cambridgeshire DC [2002] EWCA Civ 1370. The claim was dismissed following a hearing in the Civil Justice Centre at Bristol.
R (Noble) v The Cornwall Council [2022] EWHC 2402 (Admin)
Representing the Cornwall Council in a judicial review of its decision to grant planning permission for an extension to a golf and country club within an Area of Outstanding Natural Beauty and the designated Penwith Heritage Coast. It was argued that the planning authority had failed to give direct consideration to applicable policy tests, that it erred in how it addressed intensification and that it failed to consider transport aspects. The claim was dismissed following a hearing in the High Court (Bristol Civil Justice Centre).
R (Corbett) v The Cornwall Council [2022] EWCA Civ 1069
Representing the Cornwall Council at the hearing of the appeal against a decision of the High Court in the Court of Appeal. The Court of Appeal upheld the decision of the High Court that the local planning authority had not erred in deciding that a proposed development site was "immediately adjoining" a settlement in accordance with policy tests exercising its planning judgment.
[Application to leave to appeal to the Supreme Court refused: [2023] 1 WLUK 523. Sancho drafted submissions on leave to appeal to the Supreme Court.
Sancho also also represented the Cornwall Council at the hearing of the claim in the High Court as sole advocate: R(Corbett) v The Cornwall Council [2021] EWHC 1114 (Admin)
R Cross) v The Cornwall Council [2021] EWHC 1323 (Admin)
Representing Cornwall Council in a judicial review of the Council’s decision to grant planning permission for the development of a farmer’s dwelling on the Rame Peninsula in an Area of Outstanding Natural Beauty. The claim involved interesting questions about the ability of planning authorities to rely on transcripts of meetings to support their reasons.
R (Corbett) v The Cornwall Council [2021] EWHC 1114 (Admin)
Representing Cornwall Council in a judicial review of a decision to grant planning permission for the development of dwelling in the curtilage of a garden. The case concerned interpretation of the Council’s policy, the meaning of the phrase “immediately adjoining” and the relationship between the development site and a settlement. The claim was dismissed.
R (Corbett) v The Cornwall Council [2020] EWCA Civ 508
Representing the Cornwall Council in a judicial review of the Council’s planning decision to grant permission for an extension of a holiday park in an area of great landscape value. The Claimant alleged that the Council has misinterpreted its policy in deciding that the application was in accordance with its development plan as a whole when the application was supported by some policies but conflicted with others. The Claimant succeeded at first instance but the decision was overturned on appeal in an important Judgment which underlines the approach to be taken by local authorities when considering whether an application is in accordance with its development plan. Sancho was led by James Findlay QC.
R (Crantock Parish Council) v Cornwall County Council [2018] EWHC 3635 (Admin)
Representing the Cornwall Council in a judicial review of the Council’s planning decision to grant permission for a housing development in a coastal village where a consultee had provided the planning committee with information which was not factually correct. The case also concerned the interpretation of "local needs" in respect of housing and whether this stretched to neighbouring settlements. Permission was refused at an oral hearing.
R (Trickett and Carr) v Cornwall Council [2017] EWHC 2166 (QB)
Representing the Cornwall Council in a judicial review of its planning decision to grant permission for 75 affordable homes to be built in near the locality of a military airbase including arguments about material considerations, noise, heritage and irrationality. The claim was dismissed on all grounds following a 2 day hearing in the Royal Courts of Justice.
R (Community Against Dean Super Quarry Ltd) v Cornwall Council [2017] EWHC 74 (Admin)
Representing the Cornwall Council in a judicial review of the Council’s decision not to take enforcement action including arguments about the Habitats Directive, Conservation of Habitats and Species Regulations 2010 and the planning enforcement regime under the Town and Country Planning Act 1990. The claim was dismissed on all grounds following a full hearing.
R (Higham) v Cornwall Council [2015] EWHC 2191 (Admin)
Representing Cornwall Council in a judicial review of the Council’s decision to grant planning permission for a wind turbine near an AONB including issues concerning committee procedure, heritage assets, evidence and material considerations and the impact on the AONB. The claim was dismissed on all grounds following a 2 day hearing.
R (Trevone) v Cornwall Council [2013] EWHC 4091 (Admin)
Representing Cornwall Council in a judicial review of the Council’s decision to grant planning permission for 15 affordable homes in an AONB near Padstow including issues concerning the application of policy, Environmental Impact Assessments, screening and irrationality. The claim was dismissed on all grounds following a hearing in the Royal Courts of Justice.
R (Lanner Parish Council) v Cornwall Council [2013] EWCA Civ 290
Led by James Findlay QC in respect of an appeal against a High Court decision to dismiss the judicial review claim including arguments about the application of policy, sufficiency of data and the use of witness statements in proceedings. Appeal dismissed.
R (Lanner Parish Council) v Cornwall Council [2013] EWHC 37 (Admin)
Representing Cornwall Council in a judicial review of the Council’s decision to grant planning permission for 25 affordable homes in Lanner Village, Cornwall including issues about the application of local policy and sufficiency of data. The claim was dismissed on all grounds following a hearing in the Royal Courts of Justice.
Other recent cases:
• Acting for a local authority in respect of a breach of a Planning Enforcement Notice relating to structures erected on Commons Land including occupied dwellings. Injunction granted.
• Successfully obtaining an injunction for a local planning authority in respect of the breach of planning control and failure to comply with a Planning Enforcement Notice concerning the stationing of caravans near the sea.
• Acting for a local authority in a judicial review by a Parish Council in respect of a large student housing development. The case centred around EIA screening. The Claim was dismissed by consent.
