Towering decision
Edwards, M.
Towering decision - 2004 - Solicitors' Journal 148(39) 15 October 2004, 1176-1178(2) .
Looks at "R v SOS for the Environment, Transport and the Regions, ex P Holding and Barnes plc" (QBD, Abs63468), which was the first major human rights challenge to the planning system. The House of Lords rejected a challenge based on alleged Article 6 incompatibilities of the procedures for determination of planning appeals and called-in planning applications. Examines several cases in light of the Human Rights Act 1998. Concludes the decision in "Lough v First Secretary of State and Bankside Developments Ltd" ([2004] EWCA Civ 905, [2004] 1 WLR 2557) shows that the courts are extremely reluctant to permit human rights challenges to the planning system in all but the most peripheral cases.
HUMAN RIGHTS ACT 1998
R V SOS ENVIRONMENT EX P HOLDING AND BARNES PLC
LOUGH V FIRST SECRETARY OF STATE AND BANKSIDE DEVELOPMENTS LTD
TOWN AND COUNTRY PLANNING ACT 1990
UNITARY DEVELOPMENT PLANS
R (SAMAROO) V SOS FOR THE HOME DEPARTMENT
EGAN V SOS FOR TRANSPORT LOCAL GOVERNMENT AND THE REGIONS
R V FIRST SOS EX P GOSBEE
LOPEZ OSTRA V SPAIN COUNCIL OF EUROPE
GUERRA V ITALY
HATTON V UNITED KINGDOM
MARCIC V THAMES WATER UTILITIES LTD
HARROW LBC V QAZI
R V IPSWICH BC AND ANOTHER EX P MALSTER
Towering decision - 2004 - Solicitors' Journal 148(39) 15 October 2004, 1176-1178(2) .
Looks at "R v SOS for the Environment, Transport and the Regions, ex P Holding and Barnes plc" (QBD, Abs63468), which was the first major human rights challenge to the planning system. The House of Lords rejected a challenge based on alleged Article 6 incompatibilities of the procedures for determination of planning appeals and called-in planning applications. Examines several cases in light of the Human Rights Act 1998. Concludes the decision in "Lough v First Secretary of State and Bankside Developments Ltd" ([2004] EWCA Civ 905, [2004] 1 WLR 2557) shows that the courts are extremely reluctant to permit human rights challenges to the planning system in all but the most peripheral cases.
HUMAN RIGHTS ACT 1998
R V SOS ENVIRONMENT EX P HOLDING AND BARNES PLC
LOUGH V FIRST SECRETARY OF STATE AND BANKSIDE DEVELOPMENTS LTD
TOWN AND COUNTRY PLANNING ACT 1990
UNITARY DEVELOPMENT PLANS
R (SAMAROO) V SOS FOR THE HOME DEPARTMENT
EGAN V SOS FOR TRANSPORT LOCAL GOVERNMENT AND THE REGIONS
R V FIRST SOS EX P GOSBEE
LOPEZ OSTRA V SPAIN COUNCIL OF EUROPE
GUERRA V ITALY
HATTON V UNITED KINGDOM
MARCIC V THAMES WATER UTILITIES LTD
HARROW LBC V QAZI
R V IPSWICH BC AND ANOTHER EX P MALSTER