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Planning system faces up to a human rights overhaul

By: Contributor(s): Series: Planning (for the Natural and Built Environment) ; (1400) 5 January 2001, 10-11(2)Publication details: 2001Subject(s): Summary: Examines the legality of the planning process in the light of the High Court's verdict on four test cases brought under the Human Rights Act 1998. Discusses the judgment, where it was held that the SoS's role as both policy-maker and decision-taker meant that he was not objectively impartial, and considers the wider implications. These include question marks over the future of compulsory purchase orders and the SoS's power to call in applications, and may lead to the Highways Agency and Planning Inspectorate being established as bodies entirely separate of the government.

Examines the legality of the planning process in the light of the High Court's verdict on four test cases brought under the Human Rights Act 1998. Discusses the judgment, where it was held that the SoS's role as both policy-maker and decision-taker meant that he was not objectively impartial, and considers the wider implications. These include question marks over the future of compulsory purchase orders and the SoS's power to call in applications, and may lead to the Highways Agency and Planning Inspectorate being established as bodies entirely separate of the government.