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The genie is out of the planning bottle

By: Series: Estates Gazette ; (0141) 13 October 2001, 178-179(2)Publication details: 2001Subject(s): Summary: Examines the impact of the European Convention on Human Rights (ECHR) and resulting Human Rights Act 1998 on those involved in the planning process. Emphasises that all planning authorities are now bound to comply with the ECHR or risk having their planning decisions open to legal challenge. Outlines the effect of Articles 1, 8 and 6 on the planning system, and discusses the cases, "County Properties v Scottish Ministers" and "R (on the application of Alconbury) v SoS Environment, Transport and the Regions" which addressed the compatibility of the planning appeal process with the ECHR. Also considers third-party rights of appeal and how strategic planning can minimise risks of an ECHR challenge. Concludes that developers and their advisers must keep abreast of relevant changes in the law to protect their interests.
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Item type Current library Call number Copy number Status Barcode
Journal article London Journal article ABS64714 (Browse shelf(Opens below)) 1 Available 115286-1001

Examines the impact of the European Convention on Human Rights (ECHR) and resulting Human Rights Act 1998 on those involved in the planning process. Emphasises that all planning authorities are now bound to comply with the ECHR or risk having their planning decisions open to legal challenge. Outlines the effect of Articles 1, 8 and 6 on the planning system, and discusses the cases, "County Properties v Scottish Ministers" and "R (on the application of Alconbury) v SoS Environment, Transport and the Regions" which addressed the compatibility of the planning appeal process with the ECHR. Also considers third-party rights of appeal and how strategic planning can minimise risks of an ECHR challenge. Concludes that developers and their advisers must keep abreast of relevant changes in the law to protect their interests.