Alconbury revisited
Edwards, M.
Alconbury revisited - 2001 - Estates Gazette (0139) 29 September 2001, 139(1) .
Considers the latest aspect of the planning system to be challenged under European Convention on Human Rights Article 6. Discusses "R (on the application of Kathro) v Rhondda Cynon Taff CBC", which considered whether the granting of planning permission by an interested planning authority is in breach of Article 6. The local planning authority had applied for outline planning permission for a large-scale development on land they owned situated within their own area. The planning application had yet to be determined when the case came to court, and the claimants' Article 6 challenge failed. The ruling suggests that the availability of judicial review may be sufficient to provide compatibility where there are no factual issues.
CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 6
R V RHONDDA CYNON TAFF BC EX P KATHRO AND OTHERS
ALCONBURY
INCOMPATIBILITY
Alconbury revisited - 2001 - Estates Gazette (0139) 29 September 2001, 139(1) .
Considers the latest aspect of the planning system to be challenged under European Convention on Human Rights Article 6. Discusses "R (on the application of Kathro) v Rhondda Cynon Taff CBC", which considered whether the granting of planning permission by an interested planning authority is in breach of Article 6. The local planning authority had applied for outline planning permission for a large-scale development on land they owned situated within their own area. The planning application had yet to be determined when the case came to court, and the claimants' Article 6 challenge failed. The ruling suggests that the availability of judicial review may be sufficient to provide compatibility where there are no factual issues.
CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 6
R V RHONDDA CYNON TAFF BC EX P KATHRO AND OTHERS
ALCONBURY
INCOMPATIBILITY