No change for agency
Baker, L
No change for agency - 2000 - Planning (for the Natural and Built Environment) 10 November 2000, 10(1) .
Looks at the Planning Inspectorate's role in planning appeals, and considers whether its involvement is compatible with the Human Rights Act 1998. Recent planning cases, including the "County Properties" case, have argued that the inspectorate, as a government agency, is unable to provide 'an independent and impartial tribunal" as required in Article 6 of the European Convention on Human Rights. Discusses the research and findings of the five-yearly review group, set up by government to establish whether the inspectorate should keep its status, or be separated from the DETR. Provides arguments for and against the review group's decision to allow the inspectorate to remain an executive agency. Some argue that despite this decision, it will ultimately be the courts decision on whether this arrangement can work with human rights legislation. "The Review of the Planning Inspectorate Executive Agency Report of Stage One - Organisational Options" is available from the DETR (tel) 0870 1226 236.
PLANNING INSPECTORATE
PLANNING APPEALS
EXECUTIVE AGENCY
REVIEW
HUMAN RIGHTS ACT 1998
CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 6
No change for agency - 2000 - Planning (for the Natural and Built Environment) 10 November 2000, 10(1) .
Looks at the Planning Inspectorate's role in planning appeals, and considers whether its involvement is compatible with the Human Rights Act 1998. Recent planning cases, including the "County Properties" case, have argued that the inspectorate, as a government agency, is unable to provide 'an independent and impartial tribunal" as required in Article 6 of the European Convention on Human Rights. Discusses the research and findings of the five-yearly review group, set up by government to establish whether the inspectorate should keep its status, or be separated from the DETR. Provides arguments for and against the review group's decision to allow the inspectorate to remain an executive agency. Some argue that despite this decision, it will ultimately be the courts decision on whether this arrangement can work with human rights legislation. "The Review of the Planning Inspectorate Executive Agency Report of Stage One - Organisational Options" is available from the DETR (tel) 0870 1226 236.
PLANNING INSPECTORATE
PLANNING APPEALS
EXECUTIVE AGENCY
REVIEW
HUMAN RIGHTS ACT 1998
CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 6