Human rights and due process in planning
Series: Journal of Planning and Environment Law ; December 2000, 1215-1225(11)Publication details: 2000Subject(s): Summary: Discusses the impact of the European Convention for the Protection of Human Rights and Fundamental Freedoms Article 6 on the rights of landowners under the planning system. Considers how those rights, and those of third parties, are affected by the article by breaking it down into five principals: the determination of an individual's civil rights and obligations; the right a fair and public hearing; that the hearing should be held within a reasonable time; that it should be before an impartial tribunal established by law; and that the tribunal should be independent. Comments on possible ways of resolving conflict between the convention and current practice including: removing the SoS's powers to 'call-in' appeals; allowing appeals to the High Court; ensuring the full independence of Planning Inspectors; and permitting third parties to appeal.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | ABS63467 (Browse shelf(Opens below)) | 1 | Available | 110602-1001 |
Discusses the impact of the European Convention for the Protection of Human Rights and Fundamental Freedoms Article 6 on the rights of landowners under the planning system. Considers how those rights, and those of third parties, are affected by the article by breaking it down into five principals: the determination of an individual's civil rights and obligations; the right a fair and public hearing; that the hearing should be held within a reasonable time; that it should be before an impartial tribunal established by law; and that the tribunal should be independent. Comments on possible ways of resolving conflict between the convention and current practice including: removing the SoS's powers to 'call-in' appeals; allowing appeals to the High Court; ensuring the full independence of Planning Inspectors; and permitting third parties to appeal.