HL overturns planning ruling
HL overturns planning ruling
- 2001
- RICS Press Release (pr068) 9 May 2001 (2) .
The HL has overturned the High Court ruling on the "R v SoS Environment ex p Alconbury Development", "R v SoS Environment ex p Holding and Barnes plc" and "R v SoS Environment ex p Legal and General" holding that the planning system in England and Wales is compatible with the European Convention for Human Rights Article 6 incorporated in the Human Rights Act 1988 Schedule 1 allowing the SoS Environment to continue ruling on planning appeals. The RICS has expressed disappointment at the HL decision, which if upheld, would have had a profound impact on the planning system and put an end to the SoS acting as both policy maker and judge in planning appeals. The RICS still believes the lack of independence in the appeals process should be addressed, favouring an independent planning commission similar to the one in the Republic of Ireland. HL decision at www.publications.parliament.uk/.
HUMAN RIGHTS ACT 1998
PLANNING SYSTEM
PLANNING APPEALS
R V SOS ENVIRONMENT, TRANSPORT AND THE REGIONS EX P ALCONBURY DEVELOPMENTS
R V SOS ENVIRONMENT EX P HOLDING AND BARNES PLC
R V SOS ENVIRONMENT EX P LEGAL AND GENERAL ASSURANCE SOCIETY
The HL has overturned the High Court ruling on the "R v SoS Environment ex p Alconbury Development", "R v SoS Environment ex p Holding and Barnes plc" and "R v SoS Environment ex p Legal and General" holding that the planning system in England and Wales is compatible with the European Convention for Human Rights Article 6 incorporated in the Human Rights Act 1988 Schedule 1 allowing the SoS Environment to continue ruling on planning appeals. The RICS has expressed disappointment at the HL decision, which if upheld, would have had a profound impact on the planning system and put an end to the SoS acting as both policy maker and judge in planning appeals. The RICS still believes the lack of independence in the appeals process should be addressed, favouring an independent planning commission similar to the one in the Republic of Ireland. HL decision at www.publications.parliament.uk/.
HUMAN RIGHTS ACT 1998
PLANNING SYSTEM
PLANNING APPEALS
R V SOS ENVIRONMENT, TRANSPORT AND THE REGIONS EX P ALCONBURY DEVELOPMENTS
R V SOS ENVIRONMENT EX P HOLDING AND BARNES PLC
R V SOS ENVIRONMENT EX P LEGAL AND GENERAL ASSURANCE SOCIETY