Law lords avert a major disaster for secretary of state
Dewar, D
Law lords avert a major disaster for secretary of state - 2001 - Planning (for the Natural and Built Environment) (1419) 18 May 2001, 10-11(2) .
Considers the recent HL ruling in the "Alconbury" case that found no incompatibility between the SoS's planning decision powers and the European Convention on Human Rights Article 6. The justification for allowing the SoS to continue making both policy and planning application decisions included the following points: the SoS exercises an administrative rather than judicial function and is accountable to the electorate for his policy; planning inspectors act as safeguards, offering SoS advice on planning decisions which is usually accepted; substituting the SoS with an independent body would be chaotic and undemocratic. Presents contrasting views from planning experts on the decision, and suggests the government will face continued pressure to reform the present system.
HUMAN RIGHTS ACT 1998
PLANNING SYSTEM
PLANNING APPEALS
PLANNING APPLICATIONS
CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 6
R V SOS ENVIRONMENT, TRANSPORT AND THE REGIONS EX P ALCONBURY DEVELOPMENTS
Law lords avert a major disaster for secretary of state - 2001 - Planning (for the Natural and Built Environment) (1419) 18 May 2001, 10-11(2) .
Considers the recent HL ruling in the "Alconbury" case that found no incompatibility between the SoS's planning decision powers and the European Convention on Human Rights Article 6. The justification for allowing the SoS to continue making both policy and planning application decisions included the following points: the SoS exercises an administrative rather than judicial function and is accountable to the electorate for his policy; planning inspectors act as safeguards, offering SoS advice on planning decisions which is usually accepted; substituting the SoS with an independent body would be chaotic and undemocratic. Presents contrasting views from planning experts on the decision, and suggests the government will face continued pressure to reform the present system.
HUMAN RIGHTS ACT 1998
PLANNING SYSTEM
PLANNING APPEALS
PLANNING APPLICATIONS
CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 6
R V SOS ENVIRONMENT, TRANSPORT AND THE REGIONS EX P ALCONBURY DEVELOPMENTS