| 000 | 02430cab a22002655a 4500 | ||
|---|---|---|---|
| 001 | L140440 | ||
| 008 | 070924e20070822xxk f v 000 0 eng d | ||
| 035 | _a(Sirsi) u140440 | ||
| 041 | 0 | _aeng | |
| 245 | 0 | 0 |
_aR (on the application of Powell and others) v SOS Communities and Local Government and another _h[electronic resource] |
| 260 | _c2007 | ||
| 520 | _a[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. | ||
| 590 | _aKA | ||
| 650 | 2 | 4 | _aR V SOS COMMUNITIES AND ANOTHER |
| 650 | 2 | 4 | _aR V SOS ENVIRONMENT EX P HOLDING AND BARNES PLC |
| 650 | 2 | 4 | _aACQUISITION OF LAND ACT 1981 S23 |
| 650 | 2 | 4 | _aCONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 6 |
| 650 | 2 | 4 | _aCONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 8 |
| 650 | 2 | 4 | _aCONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS FIRST PROTOCOL ART 1 |
| 650 | 2 | 4 | _aFRANKLIN V MINISTER OF TOWN AND COUNTRY PLANNING |
| 651 | 4 |
_aEngland and Wales _y1543- |
|
| 690 | _aENVIRONMENTAL AND LAND CONSULTANCY-PLANNING AND DEVELOPMENT-COMPULSORY PURCHASE AND COMPENSATION | ||
| 856 | 4 | 0 |
_uhttps://www.bailii.org/ew/cases/EWHC/Admin/2007/2051.html _zView the judgment free of charge at www.bailii.org... |
| 942 | _n0 | ||
| 999 |
_c79273 _d79273 |
||