Judgment is now pending in the House of Lords in the unique Human Rights Act challenge to the Secretary of State’s power to call in planning matters for his own personal attention.
The Law Lords have heard argument in the challenge to the December High Court decision that the call-in process is incompatible with Article 6(1) of the European Convention on Human Rights, but that the Secretary of State would not be acting unlawfully to continue using the process. Article 6(1) stipulates “In determination of his civil rights and obligations everyone is entitled to a fair and public hearing”.
Now judgment has been reserved and is expected to be given some time before the start of the summer legal vacation on 1 August 2001.
PLS News 26/3/01