Business as usual
Series: Estates Gazette ; (0120) 19 May 2001, 218-219(2)Publication details: 2001Subject(s):- PLANNING APPEALS
- PLANNING DECISIONS
- PLANNING PROCESS
- JURISDICTION
- PLANNING SYSTEM
- CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 6
- R V SOS ENVIRONMENT EX P HOLDING AND BARNES PLC
- BYRAN V UNITED KINGDOM
- R V SOS ENVIRONMENT, TRANSPORT AND THE REGIONS EX P ALCONBURY DEVELOPMENTS
- ENVIRONMENTAL AND LAND CONSULTANCY-PLANNING AND DEVELOPMENT
| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | ABS64031 (Browse shelf(Opens below)) | 1 | Available | 112860-1001 |
Examines the HL ruling in the "Alconbury" case which found that the planning system does not contravene the European Convention on Human Rights, because the powers of the SoS Environment are essentially administrative not judicial. Discusses the case in some detail, with reference to the High Court's decision in "R v SoS Environment ex parte Holding & Barnes plc", the European view in "Bryan v United Kingdom", the jurisdiction of the SoS Environment, and the HL criticism of the High Court's reasoning in "Alconbury". Highlights the parties who are likely to benefit or lose out from the HL ruling, and concludes that the decision has failed to answer several fundamental points.