Human rights and due process in planning
Grant, M.
Human rights and due process in planning - 2000 - Journal of Planning and Environment Law December 2000, 1215-1225(11) .
Discusses the impact of the European Convention for the Protection of Human Rights and Fundamental Freedoms Article 6 on the rights of landowners under the planning system. Considers how those rights, and those of third parties, are affected by the article by breaking it down into five principals: the determination of an individual's civil rights and obligations; the right a fair and public hearing; that the hearing should be held within a reasonable time; that it should be before an impartial tribunal established by law; and that the tribunal should be independent. Comments on possible ways of resolving conflict between the convention and current practice including: removing the SoS's powers to 'call-in' appeals; allowing appeals to the High Court; ensuring the full independence of Planning Inspectors; and permitting third parties to appeal.
CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 6
PLANNING APPEALS
PLANNING INSPECTORATE
PLANNING PROCEDURE
PLANNING PROCESS
PLANNING SYSTEM
THIRD PARTY RIGHTS
THIRD PARTY APPEALS
Human rights and due process in planning - 2000 - Journal of Planning and Environment Law December 2000, 1215-1225(11) .
Discusses the impact of the European Convention for the Protection of Human Rights and Fundamental Freedoms Article 6 on the rights of landowners under the planning system. Considers how those rights, and those of third parties, are affected by the article by breaking it down into five principals: the determination of an individual's civil rights and obligations; the right a fair and public hearing; that the hearing should be held within a reasonable time; that it should be before an impartial tribunal established by law; and that the tribunal should be independent. Comments on possible ways of resolving conflict between the convention and current practice including: removing the SoS's powers to 'call-in' appeals; allowing appeals to the High Court; ensuring the full independence of Planning Inspectors; and permitting third parties to appeal.
CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 6
PLANNING APPEALS
PLANNING INSPECTORATE
PLANNING PROCEDURE
PLANNING PROCESS
PLANNING SYSTEM
THIRD PARTY RIGHTS
THIRD PARTY APPEALS