R (on the application of Christine Nunn) v First Secretary of State and T-Mobile (UK) Ltd and Leeds City Council (Record no. 74941)

MARC details
000 -LEADER
fixed length control field 02239cam a2200217 4500
001 - CONTROL NUMBER
control field ABS68856
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 050317n2005 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u129088
041 ## - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 ## - TITLE STATEMENT
Title R (on the application of Christine Nunn) v First Secretary of State and T-Mobile (UK) Ltd and Leeds City Council
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2005
520 ## - SUMMARY, ETC.
Summary, etc. [2005] EWCA Civ 101, 14 January 2005. Examines whether an objector to the erection of a mobile phone mast had been deprived of her right under the Convention for the Protection of Human Rights and Fundamental Freedoms Art 6, to a fair hearing of her representations by the local authority because it had issued its notice of refusal of approval out of time. L (not accepting that its notice to refuse approval for the erection of a mast by TMUK under the Town and Country (General Permitted Development) Order 1995 was out of time, thus entitling TMUK to proceed under the scheme of the Order) served enforcement notices against TMUK, whose appeal was allowed by the inspector at the subsequent public inquiry, under the Town and Country Planning Act 1990 s174(2). N contended on appeal that the inspector should have noted her deprivation of Art 6 rights and held that TMUK did not have lawful planning permission by writing words into the statutory scheme of the Order and the 1990 Act, pursuant to the Human Rights Act 1998 s3. "Held": appeal dismissed. Although N's Art 6 rights had been clearly infringed by L, s3 of the 1998 Act could not be used to deprive the innocent third party TMUK of its right to erect the mast. The inspector had no jurisdiction to take away TMUK's development rights permitted by the Order and N's Art 6 rights were simply not engaged on that issue. View the decision at www.bailii.org.
590 ## - LOCAL NOTE (RLIN)
Local note ABS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element R V FIRST SOS AND OTHERS EX P NUNN
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element TOWN AND PLANNING ACT 1990
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element HUMAN RIGHTS ACT 1998 S3
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 6
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element ENVIRONMENTAL AND LAND CONSULTANCY-PLANNING AND DEVELOPMENT-DEVELOPMENT CONTROL
856 ## - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/ew/cases/EWCA/Civ/2005/101.html">https://www.bailii.org/ew/cases/EWCA/Civ/2005/101.html</a>
Public note View the judgment at www.bailii.org...
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Shelving location Date acquired Total Checkouts Full call number Barcode Date last seen Copy number Price effective from Koha item type
    Dewey Decimal Classification     London London Journal article 17/03/2005   ABS68856 129088-1001 06/08/2019 1 06/08/2019 Journal article
    Dewey Decimal Classification     Virtual Virtual Online 27/04/2005   ONLINE PUBLICATION 129088-2001 06/08/2019 1 06/08/2019 Law report