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Gypsy planning challenges in the High Court

By: Series: Journal of Planning and Environment Law ; December 2004, 1654-1670(17)Publication details: 2004Subject(s): Summary: Considers human rights issues in gypsy cases raised in applications brought before the High Court under the Town and Country Planning Act 1990 s288 and s299. Looks at the role of the High Court and deference, proportionality and the standard of reasoning, the relevance of the lack of alternative sites to proportionality, what happens where human rights arguments are not raised before the inspector. Assesses the impact of the Human Rights Act 1998 on the "Top Deck Holdings Ltd v SSE" ([1991] JPL 961), discusses the Convention for the Protection of Human Rights and Fundamental Freedoms Art 8 together with the meaning of the term gypsy and compulsory purchase orders under the 1990 Act s226. Concludes with a discussion using educational needs of gypsy children as a human rights argument under the Convention Protocol 1 Art 2 . Refers to case law throughout.
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Item type Current library Call number Copy number Status Barcode
Journal article London Journal article ABS68561 (Browse shelf(Opens below)) 1 Available 128336-1001

Considers human rights issues in gypsy cases raised in applications brought before the High Court under the Town and Country Planning Act 1990 s288 and s299. Looks at the role of the High Court and deference, proportionality and the standard of reasoning, the relevance of the lack of alternative sites to proportionality, what happens where human rights arguments are not raised before the inspector. Assesses the impact of the Human Rights Act 1998 on the "Top Deck Holdings Ltd v SSE" ([1991] JPL 961), discusses the Convention for the Protection of Human Rights and Fundamental Freedoms Art 8 together with the meaning of the term gypsy and compulsory purchase orders under the 1990 Act s226. Concludes with a discussion using educational needs of gypsy children as a human rights argument under the Convention Protocol 1 Art 2 . Refers to case law throughout.