Towering decision
Series: Solicitors' Journal ; 148(39) 15 October 2004, 1176-1178(2)Publication details: 2004Subject(s):- HUMAN RIGHTS ACT 1998
- R V SOS ENVIRONMENT EX P HOLDING AND BARNES PLC
- LOUGH V FIRST SECRETARY OF STATE AND BANKSIDE DEVELOPMENTS LTD
- TOWN AND COUNTRY PLANNING ACT 1990
- UNITARY DEVELOPMENT PLANS
- R (SAMAROO) V SOS FOR THE HOME DEPARTMENT
- EGAN V SOS FOR TRANSPORT LOCAL GOVERNMENT AND THE REGIONS
- R V FIRST SOS EX P GOSBEE
- LOPEZ OSTRA V SPAIN COUNCIL OF EUROPE
- GUERRA V ITALY
- HATTON V UNITED KINGDOM
- MARCIC V THAMES WATER UTILITIES LTD
- HARROW LBC V QAZI
- R V IPSWICH BC AND ANOTHER EX P MALSTER
- PLANNING-CASE LAW
| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | ABS68458 (Browse shelf(Opens below)) | 1 | Available | 128021-1001 |
Looks at "R v SOS for the Environment, Transport and the Regions, ex P Holding and Barnes plc" (QBD, Abs63468), which was the first major human rights challenge to the planning system. The House of Lords rejected a challenge based on alleged Article 6 incompatibilities of the procedures for determination of planning appeals and called-in planning applications. Examines several cases in light of the Human Rights Act 1998. Concludes the decision in "Lough v First Secretary of State and Bankside Developments Ltd" ([2004] EWCA Civ 905, [2004] 1 WLR 2557) shows that the courts are extremely reluctant to permit human rights challenges to the planning system in all but the most peripheral cases.