Human Rights Act
Implications for the Planning Inspectorate
The Act incorporates the rights of the European Convention on Human Rights into UK law. A number of these rights are relevant to the work of the Planning Inspectorate. They may relate to the procedures we operate or to the cases put forward by the parties.
Article 6 (the right to a fair trial) is the main article relevant to procedure. Other articles deal with discrimination and freedom of expression. The validity of the procedures we operate was subject to challenge in the courts. In May 2001, the House of Lords reversed the judgement of the Divisional Court on a major case (Alconbury), ruling that the procedure whereby the Secretary of State decides appeals and other cases is consistent with Article 6.
As regards the way in which we operate procedures, the concept of fairness embodied in Article 6 is close to the principles of openness, fairness and impartiality (the "Franks" principles) which the Inspectorate has followed for many years. Although we consider carefully any representations referring to the article, we do not expect any significant difference between the Franks principles and Article 6 to emerge.
Other articles may be relevant to the cases put forward by the parties. Most notable is Article 8, which bestows the right to respect for private and family life and for the home. Article 1 of the First Protocol refers to the peaceful enjoyment of property. A claim made under these articles can succeed only if the interference in the right of the individual concerned is not outweighed by the public interest.
In the relevant case law (mainly, so far, that of the European Court of Human Rights) a violation of a person's human rights under these articles has been found only rarely. Less serious effects may well be relevant as material considerations, but are unlikely to succeed as the basis for a claim under the Human Rights Act.
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