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Planning Advisory Service (PAS)
Open group | Started - July 2012 | Last activity - Yesterday

Decisions by the Planning Inspectorate

Former Member, modified 11 Years ago.

Decisions by the Planning Inspectorate

On issue of developers being able to go directly to PINS to make a decision. I assume if PINS refuse an application that there will be no right of appeal. I recall when the human rights act was first being introduced the profession and lawyers where all worried that to meet the requirement of the act would introduce a third party right of appeal with the substantial increase in workload for both parties. However as recall this issue was resolved because it was considerd that third parties had a right to object to an independent body namely the planning inspectorate thus to the relief of most of the profession this acted as a get out clause. I was wondering if this get out clause to Human Rights would still apply when there is not ability to appeal to an independent body.
Daniel Hudson, modified 11 Years ago.

Re: Decisions by the Planning Inspectorate

Advocate Posts: 121 Join Date: 25/04/12 Recent Posts
I seem to recall that when the HRA first came in, a legal question about whether a right of appeal for third parties was necessary to satisfy the right to object to an independent body. My memory is a bit hazy but I think there were some court cases at that time which came to the view, in relation to third parties, that this element of the act was satisfied bt the right to challenge decisions in the High Court. For some reason the word Alconbury sticks in the mind.