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The Human Rights Act 1998, planning law and proportionality (M. Purdue)

Author

M. Purdue

Keywords

Gypsies; Human rights; Planning control; Proportionality; Prosecutions.

Abstract

Considers the effect which the Human Rights Act 1998 has had on the UK’s town and country planning system. Reviews case law concerning: (1) the impact of the European Convention on Human Rights 1950 Art.6 on planning decisions, including the House of Lords’ ruling in R. (on the application of Holding & Barnes Plc) v Secretary of State for the Environment, Transport and the Regions; and (2) the effect of Art.8 and Protocol 1 Art.1 of the Convention, including the decision of the European Court of Human Rights in Chapman v United Kingdom (27238/95) on the rights of gypsies. Discusses the UK’s application of the proportionality principle, the role of Art.8 rights in prosecutions for breaches of planning control, including the House of Lords’ judgment in South Buckinghamshire DC v Porter, and the significance of Art.14 rights.

Citation

(2004) 6(3) Environmental Law Review, 161-173.

Paper

The Human Rights Act 1998, planning law and proportionality.

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