The Commission held that a compulsory purchase order affected the applicant’s private rights of ownership, that these were ‘civil rights’, and that in challenging the making of the order she was entitled to the protection of article 6(1).
Citations:
(1998) 28 D and R 177
Jurisdiction:
Human Rights
Cited by:
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
Updated: 15 May 2022; Ref: scu.447608