000			02231cam a2200337 4500
001			ABS63468
008			000000n2001 000 0 eng u
035			_a(Sirsi) u110755
245			_aR v SoS Environment Transport and the Regions, ex parte Holding & Barnes plc and others
260			_c2001
490			_aEstates Gazette _v[2001] 05 EG 170-186(17)
520			_aQBD 13 December 2000.In a conjoined hearing of three applications for judicial review and an application by the SoS it was contended that the SoS's powers to call in or recover planning decisions under the Town and Country Planning Act 1990, the Transport and Works Act 1992 and the Highways Act 1961 contravened the European Convention on Human Rights Article 6(1). The applications were on the grounds that the SoS is not an independent and impartial tribunal as required by the Article and that the Human Rights Act 1998 s6(1) meant that the SoS's actions were unlawful. The SoS did not argue that he himself was such a tribunal but contended that right to appeal to the High Court, together with the role of the High Court on review, meant that the process as a whole was in accordance with the Article. "Held": Declaration of incompatibility ordered. The SoS's powers were not in accordance with the Article but his actions were not unlawful as s6(2) of the Act applied.
590			_aABS
650			_aACQUISITION OF LAND ACT 1981
650			_aCompulsory purchase _96228
650			_aCONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 6(2)
650			_aHIGHWAYS ACT 1980
650			_aHUMAN RIGHTS ACT 1998
650			_aPLANNING APPEALS
650			_aPLANNING APPLICATIONS
650			_aPLANNING INSPECTORATE
650			_aPLANNING SYSTEM
650			_aR V SOS ENVIRONMENT, TRANSPORT AND THE REGIONS EX P ALCONBURY DEVELOPMENTS
650			_aR V SOS ENVIRONMENT EX P HOLDING AND BARNES PLC
650			_aR V SOS ENVIRONMENT EX P LEGAL AND GENERAL ASSURANCE SOCIETY
650			_aR V SOS ENVIRONMENT EX P PREMIER LEISURE
650			_aTOWN AND COUNTRY PLANNING ACT 1990
650			_aTRANSPORT AND WORKS ACT 1992
690			_aENVIRONMENTAL AND LAND CONSULTANCY-PLANNING AND DEVELOPMENT
942			_n0
999			_c66018 _d66018