R (on the application of Powell and others) v SOS Communities and Local Government and another [electronic resource]
Language: English Publication details: 2007Subject(s):- R V SOS COMMUNITIES AND ANOTHER
- R V SOS ENVIRONMENT EX P HOLDING AND BARNES PLC
- ACQUISITION OF LAND ACT 1981 S23
- CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 6
- CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 8
- CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS FIRST PROTOCOL ART 1
- FRANKLIN V MINISTER OF TOWN AND COUNTRY PLANNING
- England and Wales -- 1543-
- ENVIRONMENTAL AND LAND CONSULTANCY-PLANNING AND DEVELOPMENT-COMPULSORY PURCHASE AND COMPENSATION
| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | Virtual Online | ONLINE PUBLICATION (Browse shelf(Opens below)) | 1 | Available | 140440-2001 |
[2007] EWHC 2051 (Admin), 22 August 2007. Considers whether the compulsory purchase of land infringed homeowners' human rights. The applicant homeowners (P) applied to overrule a compulsory purchase order made by the respondent local authority. The Secretary of State appointed a public enquiry due to the number of objectors. P submitted that the Secretary of State's decision to uphold the compulsory purchase in accord with the findings of the enquiry was irrational as it ran contrary to her policy on affordable housing. P further submitted that there had been a breach of human rights as the inspector did not make his fact finding public. P also argued that the outcome of the enquiry was a foregone conclusion. "Held": It could not be said that the Secretary of State's decision was irrational due to the judgmental nature of housing policy. It was established by "R v SOS Environment ex p Holding and Barnes plc" (UKHL 23, 2003 2 AC 295, ABS64296) that the system of enquiries was fair. It was established the Human Rights protocols in question permitted interference with property and family rights. The enquiry had not been a foregone conclusion as the inspector had clearly considered all the objections. Application refused.