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R (ADLARD AND OTHERS) v SECRETARY OF STATE FOR THE ENVIRONMENT, TRANSPORT AND THE REGIONS

28 June 2002

Local planning authority resolving to grant without according objectors oral hearing: whether Secretary of State under duty to call in application to prevent breach of objectors’ Convention rights. Appeal from Collins J The local planning authority resolved to grant a planning application without permitting oral representations by objectors at the hearing. The Secretary of State refused the objectors’ request that he call the application in under s 77 of the Town and Country Planning Act 1990 for his own determination. The judge refused the objectors’ claim for judicial review of that decision. The objectors appealed. SIMON BROWN LJ said that the appeal raised the fundamental issue whether the objectors’ entitlement to ‘a fair and public hearing …by an independent and impartial tribunal’, under Art 6(1) of the European Convention on Human Rights, was satisfied by the English planning system, which in the case of objectors allowed the local plann...

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