Dealing with planning applications
Convention rights and issues I need to consider
Articles 6 Right to fair trial, 8 Respect for private and family life and home, 14 Prohibition of discrimination, Protocol No. 1 Article 1 Protection of property
- Is any interference with a person's right to respect for his/her home in accordance with law, for a permitted aim (e.g. the rights of others) and proportionate?
- Does a person whose property or family rights have been affected by the planning decision have the right to challenge it before an independent and impartial tribunal?
- Has the person's right to peaceful enjoyment of his/ her property been affected?
- If so, has the interference struck a fair balance between the individual and the general interest?
- If the person affected is a member of a vulnerable group, e.g. Roma or Travellers, has he or she been treated differently from others, and, if so, is there objective and reasonable justification for the different treatment?
References to article numbers are to the European Convention on Human Rights except where a Protocol is specified.
The issues listed are not exhaustive.
Do you touch on any of the Convention rights in your work?