The company applied for planning permission. The Secretary of State called in the application to be decided by a reporter. The applicant complained that this infringed its right to a hearing before an impartial tribunal. Such a person might deal with issues of fact, but here he would also be making the decision, and the objection was lodged by an agency for which the Secretary was responsible. The Secretary was judge in his own cause.
Judges:
Lord Macfadyen
Citations:
Times 19-Sep-2000, [2000] ScotCS 212, 2000 SLT 965
Links:
Statutes:
European Convention on Human Rights
Jurisdiction:
Scotland
Citing:
Appealed to – County Properties Limited v The Scottish Ministers for Judicial Review IHCS 16-Aug-2001
. .
Cited by:
Appeal from – County Properties Limited v The Scottish Ministers for Judicial Review IHCS 16-Aug-2001
. .
Cited – Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others HL 9-May-2001
Power to call in is administrative in nature
The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights . .
Lists of cited by and citing cases may be incomplete.
Human Rights, Planning
Updated: 05 June 2022; Ref: scu.169250