Source: All England Reporter
Publisher Citation: [2002] All ER (D) 77 (Jan)
Court: Administrative Court
Judge:

Collins J

Representation Robert McCracken QC and Gregory Jones (instructed by Richard Buxton) for the claimants.
  Natalie Lieven (instructed by the Treasury Solicitor) for the Secretary of State.
  Tim Straker QC and Andrew Tabachnik (instructed by Linklaters) for the developer, as an interested party.
  Keith Lindblom QC, Russell Harris and Craig Williams (instructed by Louise Round) for the authority, as an interested party.
Judgment Dates: 17 January 2002

Catchwords

Human Rights - Fair trial - Town and country planning - Local residents objecting to planned expansion of football stadium - Secretary of State refusing to call application in - Whether Secretary of State obliged to have regard to procedural improprieties - Whether Secretary of State required to give reasons for refusal - Whether residents' human rights engaged - Whether procedure compliant with residents' human rights - s 77 - European Convention on Human Rights, art 6.

The Case

The Secretary of State, in deciding whether to exercise his powers to call in under s77 of the was not obliged to consider alleged procedural improprieties at a meeting of a committee of a local planning authority to decide whether the recommendations for approval of certain applications for planning permission should stand. Furthermore, evidence given by experts, who had their own opinions, did not give rise to the sort of factual issues that could mean that judicial review was inadequate to secure the safeguards required by art6 of the European Convention on Human Rights.

Practice Areas

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