Human rights and planning law

The Human Rights Act came into force at the beginning of October, and Government Departments and other public bodies with environmental responsibilities will be anxiously awaiting legal challenges to existing law and practice on grounds of non-compliance with principles of human rights. A foretaste of the type of litigation in store has already been felt in Scotland, where in late July the Outer House - equivalent to the High Court in England and Wales - considered the first UK case concerning human rights and planning. The results are none too encouraging for government.

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