Loss in Property Values - Planning & Human Rights
Loss in Property Values - not a planning matter? Tell that to the Court of Appeal! "Thomas & Ors and Bridgend County Borough Council [2011] EWCA Civ 862" The recent Court of Appeal case related to Article 1 of the First Protocol to the "Human Rights Convention" giving all persons a right to the peaceful enjoyment of their possessions and that no person shall be deprived of his possessions except in the public interest and subject to conditions provided for by law and by the general principles of international law. The decision confirms that diminution in market value of property is sufficient to constitute interference. The case concerned a new road for the highway authority with enough noise to cause diminution in value to property (not mere loss of amenity which might engage article 8 of the Convention - right to private life etc). The protocol rights may also have a bearing on the interpretation of statutory provisions on which the Council is relying - Human Rights Act 1998 s3.Since Human Rights legislation applies to the planning system (it is mentioned in every report to Committee!), can planners still claim (as they like to) that property devaluation is not a planning matter?
Victor Mishiku ● 5486d0 Comments