000 01943cab a2200265 4500
001 ABS67359
008 040107n2003 000 0 eng u
035 _a(Sirsi) u124747
100 _aPritchard, B.
245 4 _aThe rise and fall of human rights in planning
260 _c2003
490 _aTown & Country Planning
_v72(10) November 2003, 306(1)
520 _aDiscusses the "Alconbury" case which questioned the validity of a planning system that appeared to be in contravention of the Convention for the Protection of Human Rights and Fundamental Freedoms Art 6. In the event, the HL ([2001] UKHL 23, Abs64296) concluded that the system was fair and was within the requirements of Art 6. This article examines subsequent case law where the planning system adheres to the principle of Art 6. "Bovis Homes v New Forest DC"; "Alfred McAlpine Developments Ltd v SoS Environment" ([2002] EWHC 483 (Admin), unreported), where a local plan system was pronounced as Art 6 compliant and "Hatton and others v United Kingdom" (ECHR, [2003] All ER (D)122 (Jul) where there was a perceived violation of Art 8 and subsequently Art 13. Only the violation of Art 13 was subsequently upheld. The article concludes that the Human Rights Act 1998 has not had the revolutionary effect that was initially suggested.
590 _aABS
650 _aBOVIS HOMES V NEW FOREST DC
650 _aALFRED MCALPINE DEVELOPMENTS LTD V SOS ENVIRONMENT
650 _aR V SOS ENVIRONMENT EX P ALCONBURY DEVELOPMENTS
650 _aHUMAN RIGHTS ACT 1998
650 _aHATTON V UNITED KINGDOM
650 _aCONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 6
650 _aCONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 14
650 _aCONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 8
690 _aENVIRONMENTAL AND LAND CONSULTANCY-PLANNING AND DEVELOPMENT
942 _n0
999 _c74036
_d74036