Gypsy planning challenges in the High Court
Maurici, J.
Gypsy planning challenges in the High Court - 2004 - Journal of Planning and Environment Law December 2004, 1654-1670(17) .
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.
GYPSIES
HUMAN RIGHTS
TOWN AND COUNTRY PLANNING ACT 1990 S289
TOWN AND COUNTRY PLANNING ACT 1990 S288
SOUTH BUCKS DC V PORTER
BUCKLAND V SOS ENVIRONMENT, TRANSPORT AND THE REGIONS
EGAN V SSTLGR
LOUGH V FIRST SOS
HUMAN RIGHTS ACT 1998
SABI V SSTLGR
GOSBEE V SSETR
MOSS V FSS
SEARLE V SSETR
MATTHEWS V SEETR
AYRES V SSETR
TOP DECK HOLDINGS LTD V SOS ENVIRONMENT
WREXHAM CB V NATIONAL ASSEMBLY FOR WALES
CLARKE V SSTLGR
LOCKE V SSETR
CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 1
CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL GREEDOMS PROTOCOL 1 ART 2
CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 8
Gypsy planning challenges in the High Court - 2004 - Journal of Planning and Environment Law December 2004, 1654-1670(17) .
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.
GYPSIES
HUMAN RIGHTS
TOWN AND COUNTRY PLANNING ACT 1990 S289
TOWN AND COUNTRY PLANNING ACT 1990 S288
SOUTH BUCKS DC V PORTER
BUCKLAND V SOS ENVIRONMENT, TRANSPORT AND THE REGIONS
EGAN V SSTLGR
LOUGH V FIRST SOS
HUMAN RIGHTS ACT 1998
SABI V SSTLGR
GOSBEE V SSETR
MOSS V FSS
SEARLE V SSETR
MATTHEWS V SEETR
AYRES V SSETR
TOP DECK HOLDINGS LTD V SOS ENVIRONMENT
WREXHAM CB V NATIONAL ASSEMBLY FOR WALES
CLARKE V SSTLGR
LOCKE V SSETR
CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 1
CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL GREEDOMS PROTOCOL 1 ART 2
CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 8