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Law Lords Overturn Development-Planning Case

LONDON-In a landmark judgement, the House of Lords--England's highest court--has decided that the role of the Secretary of State for the Environment does not fall foul of the European Convention on Human Rights. The decision removes the threat of paralysis from the UK planning system.

By Graham Parker | Updated on May 09, 2001

LONDON-In a landmark judgement, the House of lords–England’s highest court–has decided that the role of the Secretary of State for the Environment does not fall foul of the European Convention on Human Rights. The decision removes the threat of paralysis from the UK planning system.

Earlier this year, the Court of Appeal considered three cases: Ex Parte Holdings & Barnes Plc, Ex Parte Alconbury Developments Limited and Ex Parte Legal & General Assurance Society Limited. It found that, because the Secretary of State is responsible for setting planning policy and, at the same time, acts in a quasi-judicial capacity in planning appeals, his role breached Article 6(1) of the European Convention on Human Rights, which became legally binding in England and Wales at the beginning of this year. Article 6(1) guarantees European citizens the right to a fair trial by an independent tribunal.

Under current practice, the Secretary of State can call in any planning, highways or compulsory purchase matter and convene a public inquiry, after which he decides the matter. The Law Lords found unanimously that the process does not infringe the human rights of developers.

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