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PLANNING SANITY HUMAN RIGHTS FORUM

EUROPEAN CONVENTION ON HUMAN RIGHTS AND FUNDAMENTAL PRINCIPLES IMPLICATIONS FOR PLANNING DECISION MAKING AND TOWN & VILLAGE GREEN APPLICATIONS

Planning Sanity Briefing Human Rights	List of Human Rights Cases	References	Government & Official Publications
Department of Constitutional Affairs Human Rights WEB Site	Bibliography	Legislation	Letter from Minister for Human Rights to all public authorities

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REFERENCES

Summary of Some of the Main Effects	Scary Monster? - The Human Rights Act & Planning	The Department of Constitutional affairs - Human Rights Site	The decisions of the European Court of Human Rights	Text of Talk by James Maurici (Barrister) - Planning Inspectorate Trainning Weekend 2002 - Human Rights Update
UNIVERSITY OF ST ANDREWS COUNCILLORS? SCHOOL - PLANNING AND HUMAN RIGHTS LEGISLATION	Planning law and human rights - Legal 500 Briefing	ALCONBURY - TAKING THE P OUT OF PLANNING	Crown Office Row (Barristers Chambers) - Human Rights Update - Series of articles	The Human Rights Act 1998 - Campaign Activists Briefing by Paul Mobbs

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Goverment & Official Publications

Study Guide Human Rights Act 1998	A New Era of Rights and Responsibilities Core Guidance to Local Authorities	Guidance on the Human Rights Act Public Authorities	The Human Rights Act 1998 Guidance for Departments Second edition
Planning Inspectorate Article on Human Righhts (Part1)	Scottish Humam Rights Links	Human rights - Implications for the Planning Inspectorate	Digest of Human Rights Cases
Secretary of State's annoucement on the Government's plans to set up a Commission for Equality and Human Rights	Letter from the acting Permanent Secretary John Warne to Sir Richard Wilson, and all permanent Secretaries dated 9 April 2001	More Ministers & Official Letters on Human Rights	Council of Europe, Human Rights Directorate
Study Guide [October 2002]	Private Sector, Public Service Human Rights for All	Index of the Human Rights Information Bulletin (3 annual editions on Human Rights and cases of the ECHR)	Human Rights in Scotland, Scottish Office 1999
Dover District Council - Protocol for Good Practice in Planning Procedures

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Legislation

European Convention on Human Rights	Human Rights Act	Department for Constitutional Affairs Government Human Righs Forum
PDF File (short version)

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BIBLIOGRAPHY

• Lester and Pannick: Human Rights Law & Practice (Butterworths 1999) ISBN: 0406901260 £129.00
  Summary:
  The European Convention on Human Rights was enacted into UK law in the form of the Human Rights Act 1998. This title provides an authoritative account of the new legislation, including the background to the Act, the provisions of the Act and each of the rights which are enshrined in the Act. European and Commonwealth case law is also included together with primary materials such as the Act and key international conventions. The impact of the new legislation on Northern Ireland and Scotland is also considered. The main focus is upon civil and political rights but there is also discussion of economic, social and cultural rights which are in part justifiable and relevant to the interpretation of some civil and political rights.
• Lester and Pannick: Human Rights Law and Practice : Supplement - Butterworths Law Binding: ISBN: 040693231X - 2000 - £30.00
  Summary:
  This supplement covers human rights developments since the publication of Lester & Pannick: Human Rights Law and Practice in 1999. Written by an eminent author team, the supplement explains subsequent developments in caselaw in this country and in Europe (and, where relevant, in the rest of the world) and recent legislative changes, making it an invaluable reference source for all those working in this field. It brings human rights law up to date to the commencement of the Human Rights Act on 2 October 2000.
• Coppel: The Human Rights Act 1998: Enforcing the European Convention in the Domestic Courts, (Wiley, 1999)
• Baker (ed.): The Human Rights Act 1998: A Practitioner‘s Guide, (Sweet and Maxwell, 1998) £65.00
  Summary:
  Explains what the Human Rights Act does and what convention law (under the European convention) is, and how it works. The text sets out what convention law exists and shows how the Act may affect domestic law and practice in these areas.
• Grosz, Beatson and Duffy: Human Rights: the 1998 Act and the European Convention, (Sweet & Maxwell, 2000)
• Starmer - European Human Rights Law: The Human Rights Act 1998 and the European Convention on Human Rights, (LAG, 1999) - ISBN: 090509977X - £25.00
  Summary:
  The Human Rights Act 1998 imposes radical changes on UK law and practice: all statutes have to be reinterpreted to "read in" human rights, all public authorities (including the courts) have to comply with the European Convention on Human Rights - there is a new right of action against those who fail to do so - and breach of a Convention right is a defence in criminal and civil proceedings. The Act incorporates into UK law not only the Convention itself, but also the extensive case-law of the European Court and Commission of Human Rights.
  Presenting a detailed analysis of the Human Rights Act 1998 and the case law of the European Court and Commission of Human Rights, this book draws on all 1500 cases (reported and unreported) from Strasbourg which affect UK civil and criminal law. They are set out in a way designed to enable practitioners and advisers to concentrate on those cases most relevant to their area of practice.
• Author: Starmer, Klug, Byrne: Blackstone's Human Rights Digest - Blackstone Press Binding: ISBN: 0199254354 - £25.00
  Summary:
  When the Human Rights Act 1998 comes into force in October, speedy access to human rights cases and expert guidance through those cases will be essential for all those whose work will be affected by the European Convention on Human Rights. Brought together by experts in human rights law, this Digest analyzes and provides extracts from: the key judgments of the European Court of Human Rights; the key decisions of the European Commission of Human Rights; and the essential cases from Scotland, New Zealand, Canada, South Africa and the Commonwealth.
  The Digest is divided into user-friendly sections organized on an issue-by-issue basis. Each section sets out the key cases on any given topic, summarizes the principles applied in them and quotes relevant extracts from the judgments. It is accompanied by a CD-ROM which contains the full text of all the judgments of the European Court of Human Rights together, with key decisions of the European Commission up to and including September 2000. It also includes all the important regional and international human rights instruments.
• Wadham, Mountfield, Edmundson: Blackstone's Guide to the Human Rights Act 1998 - Oxford University Press Binding: ISBN: 0199254532 - 2003 - £29.95
  Summary:
  Even after a mere two years, it is possible to form a reasonably clear impression as to what are likely be the ultimate consequences of the ECHR being made part of our domestic law. It is already obvious that the result will be changes, significant changes, to our constitutional arrangements" Lord Woolf, Lord Chief Justice of England and Wales The Human Rights Act 1998 brought the European Convention on Human Rights into British law. Since this important, constitutional Act came into force it has had a momentous impact on our legal system. For example: Challenges to the human rights compatibility of primary legislation have led to the amendment of Acts of Parliament (for instance the Mental Health Act); Significant areas of criminal law have been reviewed - including some statutory presumptions and assumptions (for example on the possession of drugs); The test for judicial review in human rights cases has been substantially altered; The right to life has been used to improve coroners' inquests but has not been held to grant a right to die; The competing rights of privacy and freedom of expression have been instrumental in determining cases where celebrities have tried to prevent....
• Wadham, Arkinstall, Crossman, Welch: Your Rights (Liberty human Rights Guide) - Pluto Press Binding: Paperback Edition: ISBN: 0745315771 - 2000 - £14.99
  Summary:
  Will be the first guide to the implications of the new Human Rights Act; Published in association with Liberty; Provides clear, expert, authoritative guide for the layperson; Praise for the 6th Edition: 'A very useful general guide... It is the kind of book that everyone needs from time to time, whether it is to decide whether there are grounds for using the law or just to check up on something. It is well laid out and easy to use.' Labour Research This new edition of the successful civil liberties guide Your Rights is expanded and extended in scope to include full coverage of the Human Rights Act - given Royal Assent in 1998, to come into force October 2000. In this Act, the European Convention on Human Rights becomes central to English law, giving statutory force to the general presumption that all legislation (past or future) is intended to be compatible with Convention Rights. It also requires courts to interpret all law - whether statutory or judge-made - so as to conform with the Convention whenever possible. Thirdly, and most importantly, the Act will require public authorities to act in compliance with the Convention. Public bodies acting in violation of the Convention will
• Emmerson and Simor (Ed.): Human Rights Practice (Sweet & Maxwell, 2000)
• Ward, Sedley, Gordon, Emmerson: Human Rights Law Reports UK Cases 2002 - Sweet & Maxwell Binding: ISBN: 0421841206 - 2003 - £195.00
  Summary:
  This volume focuses entirely on the application of the Human Rights Act 1998 and the ECHR in the UK. They provide the reader with the most important cases in the UK courts, carefully selected by a team of experts. Each case report contains the full transcript of the judgment preceded by a headnote, which contains: key words relating to the case; a synopsis of the case highlighting the human rights issues raised; and a summary of what was held in the case.
• Harris, Mobray and O’Boyle: Cases & Materials on the European Convention on Human Rights (Buttterworths 1999) - ISBN: 040690328X - 2001 - £ 24.95
  Summary:
  The subject area of this book has become increasingly important due to an increase in the number of European Court of Human Rights cases and because the European Convention on Human Rights will, with its incorporation into domestic law, become far more popular as the subject of courses in this country.The book concentrates on the rights protected, with just one chapter on the machinery of implementation and will thus be an ideal companion volume to Harris, O'Boyle and Warbrick: Law of the European Convention on Human Rights.
• Harris, O'Boyle, Warbrick: Law of the European Convention on Human Rights - Butterworths Law Binding: ISBN: 0406905940 - 2003 - £28.95
  Summary:
  A comprehensive account of Strasbourg case law and its underlying principles, this title explores the extent of the Convention's influence upon the legal development of the contracting states. It also sets out and critically analyzes each Convention article that constitutes the substantive guarantee, and examines the system of supervision. Thoroughly updated to take account of all the changes which have developed since the first edition in 1995, the book provides an in-depth understanding of an increasingly important area of law and should be suitable for both students and practitioners.
• Reid: A Practitioner‘s Guide to the European Convention on Human Rights - Sweet and Maxwell - ISBN: 0421547308 - 1998 - £70.00
  Summary:
  This is a practical, analytical guide to case law under the European Convention. It indicates the type of case which is usually successful, those cases which have failed, and those which have not yet been raised, but could be successful. Emphasis is placed on the ease of referring cases to Strasbourg. This title complements Clements.
• Clements: Mole and Simmons, European Human Rights: Taking a Case Under the Convention (Sweet & Maxwell, Second Edition, 1998)
• Van Dijk and Van Hoof: Theory and Practice of the European Convention on Human Rights - Kluwer - Brill Binding: Paperback Edition: ISBN: 9041105980 - £117.50
  Summary:
  The developments which have taken place under the Convention since the second edition of this title was published have been numerous and comprehensive, and the Convention has gained a central position in the legal systems of many European countries. Three protocols have been added to the Convention; the number of parties to the Convention has grown from 22 to 36; and the case-law concerning the Convention has increased significantly. Like its predecessors, this third edition offers a full description of the procedural practice and case-law of both the European Commission and the European Court of Human Rights.
  Protocol No 11 to the Convention, which will enter into force by the end of 1998, will drastically change the supervisory system under the Convention, establishing one Court. This Court will also perform the present functions of the Commission and it is expected that it will be guided by the Commission's procedures and working methods, and by its case-law concerning admissibility.
• Clayton and Tomlinson: The Law of Human Rights - Publisher: Oxford University Press Binding: ISBN: 0199258228 - 2003 - £195.00
  Summary:
  Written by two leading practitioners, this text provides a comprehensive and systematic treatment of human rights law and practice in the UK and offers detailed analysis of the effects of incorporation of the European Convention on Human Rights into domestic law by the Human Rights Act 1998, including an examination of the wider impact of the new regime upon the civil and criminal law more generally. It draws systematically upon European Convention case law, common law principles and practice, experience from Canada, New Zealand and other jurisdictions, as well as detailed analysis of the new Act itself, to provide essential guidance on how the new law is working in practice, while the annual supplements track the case law as it is actually decided. The first section deals with the nature of rights, problems of incorporation, the impact of the Convention prior to incorporation and the interpretation of human rights instruments.
• Kempees: A Systematic Guide to the Case-law of the European Court of Human Rights (1960 - 1994): ISBN: 0792332814 - £412.25
  Summary:
  This volume presents a compilation of the relevant passages of all the European Court of Human Rights' judgements up to 1994, arranged according to the Articles of the Convention and its Protocols. Some articles are further subdivided according to element (such as Articles 5, 6, 8, and 10). Edited by a member of the legal staff of the Court Registry, it allows practical and comprehensive access to the court's case law, and aims to enable users to find all the rulings of the Court which may be relevant to a given problem.
• Kempees: A Systematic Guide to the Case Law of the European Court of Human Rights Publisher (1995 - 1996): Brill Binding: ISBN: 9041103988 - £133.50 Summary: This volume supplements the first two volumes of "A Systematic Guide to the Case-Law of the European Court of Human Rights" which appeared in late 1996. It covers the years 1995 and 1996, and follows the same system as the previous volumes. Thus this volume, together with Volumes I and II, offers a compilation of relevant passages of all the Court's judgments from 1960 up to and including 1996, arranged according to the Articles of the Convention and its Protocols. The Guide will enable its users to find all the rulings of the Court which may be relevant to a given problem, and will reduce considerably the time and effort needed for research. It will continue to be updated at regular intervals.
• Kempees: A Systematic Guide to the Case-law of the European Court of Human Rights : 1997-1998, Vol IV - Brill Binding: - ISBN: 9041112235 - 2000 - £186.95
  Summary:
  This volume supplements the current (in 2000) three volumes of "A Systematic Guide to the Case-Law of the European Court of Human Rights". It covers the years 1997 and 1998, and follows the same system as the previous volumes. Thus this volume, together with Volumes I, II and III, offers a compilation of relevant passages of all the Court's judgments from 1960 up to and including 1998, arranged according to the Articles of the Convention and its Protocols. The guide should enable its users to find all the rulings of the Court which may be relevant to a given problem, and reduce considerably the time and effort needed for research. It will continue to be updated at regular intervals.
• Jacobs and White: The European Convention on Human Rights, (Clarendon, 1996) - Publisher: Oxford University Press Binding: ISBN: 0198765800 - 2002 - £26.90
  Summary:
  The European Convention of Human Rights (ECHR) protects human rights in more than 40 European countries. If states fail to meet standards required by the Convention, victims of violations can complain to the Strasbourg Court. This volume examines both the substance and procedure under the ECHR, and follows the structure of the Convention itself in explaining the key principles established by Strasbourg case law and procedural aspects of bringing a claim before the Court.
  This edition has been revised to take account of all significant developments since 1995. The case law of the Court continues to proliferate, elaborating and defining substantive rights to produce a steadily evolving common European standard. All of these developments are explained in a narrative style aimed at students and those needing an in-depth guide to the ECHR, which should enable those new to the subject to obtain a comprehensive understanding of the European Court of Human Rights.
• Janis, Kay and Bradley: European Human Rights Law: Oxford University Press - ISBN: 0-19-876569-X - 2000 - £29.99
  Summary:
  The European Convention on Human Rights and Fundamental Freedoms is by now tremendously influential in the legal practice of over forty European states, including the United Kingdom. This second edition of the "European Human Rights Law" has been updated to cover major developments including the reform of the European Court of Human Rights, expansion of the system to central and eastern Europe, and the incorporation of the European Convention on Human Rights into British law. The book introduces both the process and the substance of this important area of European law. It looks at how the Court works, and how European human rights law is enforced both at the national and international level.
  This book is intended for second or third year law undergraduates and law postgraduates.
• Singh, Hunt: Assessing the Impact of the Human Rights Act 1998: Hart Publishing Binding: ISBN: 1901362493 - Aug 2003 - £22.00
  Summary:
  Providing practising lawyers in the UK with a basic guide to the likely effect of the incorporation of the European Convention on Human Rights on various areas of legal practice. This edited collection is organised by subject-matter areas.
• Collar: Planning and Human Rights - W.Green & Son Binding: ISBN: 0414014324 - 2001 - £41.00
  Summary:
  This text aims to answer the need for a title on the general introduction to human rights and the outline of potential implications for those rights on the operation of the planning system in Scotland. With reference to relevant case law - UK, European and other countries - human rights will have a major impact on planning law and procedures in Scotland. This book should be a useful guide to the issues, enabling reference to the appeal decision in the county properties case.
• Supperstone, Goudie, Coppel: Local Authorities and the Human Rights Act, 1998 - Butterworths Law: ISBN: 0406926743 - 1999 - £28.00
  Summary:
  This book is a comprehensive guide concentrating on the practical implications of the 1998 Human Rights Act on local authorities. It is the only work to address human rights from a local government perspective.The work considers the Act in general with particular reference to the principles of proportionality and margin of appreciation and then examines its effect on employment and discrimination, education, social services, housing, environment, planning and licensing.Contains the text of the Act.
• Duxbury: Telling and Duxbury: Planning Law and Procedure - Butterworths Law Binding: ISBN: 0406947961 - 2002 - £23.95
  Summary:
  Many new developments in the complex area of planning law mean that this concise and accessible guide is essential to update readers on the changes to the planning appeal progress, and the recent case law on the effect of the Human Rights Act on planning. These changes have huge implications and may lead to major legislative reform and interim measures.
• Boyle, Anderson: Human Rights Approaches to Environmental Protection - Clarendon Press Binding: ISBN: 0198267894 - 1998 - £30.50
  Summary:
  This collection of essays explores links between the environment and human rights, and responds to the growing debate among activists, lawyers, academics and policy-makers on the legal status of environmental rights in both international and domestic law, and on the proposals for a human right to a satisfactory environment.
  The collection offers a sustained analysis which addresses both the conceptual and practical problems of environmental rights. The conceptual dimensions raise questions concerning the human/environment relationship as well as more general issues regarding the form, content and limitations of international and domestic human rights law. The first part of the book deals mainly with the protection of the environment in international human rights law and EC law, while part two concentrates on problems and experience in developing countries, some of which have already incorporated environmental rights and international constitutional law and from which a growing jurisprudence has emerged.
• Moore: A Practical Approach to Planning Law - Oxford University Press Binding: ISBN: 0199255954 - 2002 - £28.95
  Summary:
  Despite repeated attempts in recent years to simplify the planning system, planning law has continued to be so complex that practitioners and students alike have found it difficult to disentangle the complicated issues and principles involved. This text is a clearly-written and accessible book which aims to remove the mystery that planning law has for many people.
  This new edition considers many of the more important cases that have been decided since 2000, in particular the key cases brought under the Human Rights Act, including: The Alconbury Decisions; R. (Kathrow) v Rhondda Cynon Taff County Borough Council; R (On the application of Vetterlein) v Hampshire County Council and Hampshire Waste Services Ltd; Lafarge Redland Aggregates Ltd; South Bucks District Council v Porter; R (Adlard and Others) v Secretary of State for the Environment, Transport and the Regions.
• Teasdale: Human Rights Act No.2 - Planning - Local Government Information Unit Binding: ISBN: 189795770X - 2000 - £15.00
• Chambers McCrudden: Individual Rights and the Law in Britain - Clarendon Press Binding: ISBN: 0198260229 - 1995 - £29.99
  Summary:
  This major multi-author work provides an important source of reference for all scholars and practitioners interested in civil liberties in Britain. Distinguished contributors, assembled by the Law Society of England and Wales, have produced comprehensive studies of every area of British civil rights protected under British, European, and International Law, with the emphasis upon developments since World War II.
  This book is intended for scholars and practitioners interested in and working in the area of civil liberties and human rights; second and third year undergraduate students studying civil liberties and human rights; graduate students studying human rights in the UK and comparatively.
• Harris, O'Boyle, Warbrick: Law of the European Convention on Human Rights - Butterworths Law Binding: ISBN: 0406905940 - 2003 - £28.95
  Summary:
  A comprehensive account of Strasbourg case law and its underlying principles, this title explores the extent of the Convention's influence upon the legal development of the contracting states. It also sets out and critically analyzes each Convention article that constitutes the substantive guarantee, and examines the system of supervision. Thoroughly updated to take account of all the changes which have developed since the first edition in 1995, the book provides an in-depth understanding of an increasingly important area of law and should be suitable for both students and practitioners.
• A number of useful videos are produced by Legal Network TV, including one specifically on the Human Rights Act. Copies are available only to members. Their address is :- 2, Bream's buildings, Chancery Lane, London EC4A 1PJ.

The following list is provided for your convievience, it does not follow that every case is likely to positively help your case, many judgments have a negative effect upon Human Rights issues, you must therefore use your own judgment as to whether any specific case is useful or harmful. However, it is always worthwhile knowing what you are not likely to be successful in arguing, as well as what you might genuinely put forward, as well as being able to understand why developers and local authorities are putting forward a specific view.

• De Cubber v Belgium A86 [1984]
• Moreirs de Azevedo v Portugal A189 [1990]
• Cf Delcourt v Belgium A11 para 25 (Cf Delcourt v Belgium A11 para 25 [1970] 1970)
• Ringeisen v Austria A13 para 94 [1971]
• Konig v FRG A27 para 95 [1978]
• R v Ministry of Defence, ex p Smith [1996] 1 All ER 257
• Bugdaycay v Secretary of State for the Home Department [1987] 1 All ER 940
• R v Secretary of State for the Home Department, ex p Brind [1991] 1 AC 696
• Bryan v United Kingdom [1996] EG 137; JPL 386; [1996] 1 PLR 47 (ECHR); 21 EHRR 342
• Agrotexim v Greece (1996) 21 EHRR 250
• Lopez Ostra v Spain (41/1993/436/515); December 9, 1994; 20 EHRR 277
• McGonnell v United Kingdom
• Buckley v United Kingdom [1997] 2 PLR 10
• Marckx v Belgium (1979) A31
• Lithgow v United Kingdom A102 (1986)
• James v United Kingdom (1986) A98.
• Sporrong and Lonnroth v Sweden (1982)
• Pine Valley Developments v Ireland (1991) A222 14 EHRR 319; The Times December 11, 1991
• Tre Traktörer Aktiebolag v. Sweden 13 EHRR 309
• Jacobsson v Sweden (1987)
• Baggs v United Kingdom, Commission Report July 8, 1987
• Langborger v Sweden June 22, 1989. Series A No 155
• Dyason v Secretary of State for the Environment[1998] 2PLR 54
• Balmer-Schafroth v Switzerland August 26, 1997 (67/1996/686/876)
• Powell and Rayner v United Kingdom (1990) 12 EHRR 355
• Mellacher v. Austria 12 EHRR 391
• Air Canada v. U.K. 20 EHRR 150
• Håkansson and Sturesson v. Sweden 13 EHRR 1
• Katte Klitsche de la Grange v. Italy 19 EHRR 368
• Katikaridis v. Greece, [1997] EHRLR 107
• Niemietz v. Germany 16 EHRR 97
• Chapel v. U.K. 12 EHRR 1
• Mentes v. Turkey [1998] HRCD vol. IX 122
• Gillow v. U.K. A109 - The Times, November 29, 1986
• Hunter and Others v. Canary Wharf Ltd
  Hunter and Others v. London Docklands Corporation
• Saunders v. U.K. The Times December 18 1996
• Plattform “Ärzte für das Leben” v Austria A139 (1988)
• Lingens v Austria A130 (1986)
• Fredin v. Sweden 13 EHRR 784
• Sunday Times v UK A30 (1979)
• Z v Austria (1988)
• Feldbrugge v Netherlands A99 (1986)
• London Borough of Tower Hamlets v Runa Begum HL (Lords Bingham, Hoffmann, Hope, Millett, Walker) 13/2/2003
• Ringeisen -v- Austria (No. 1) (1971) 1 EHRR 455 (para 94)
• Albert & Le Compte -v- Belgium (1983) 18 EHRR 533 (para 28)
• Benthem -v- Netherlands (1986) 8 EHRR 1
• Boden -v- Sweden (1987) 10 EHRR 367 (para 30)
• H -v- France (1989) 12 EHRR 74 (paragraphs 46-47)
• Enzi -v- Austria (Application no. 29268/95)
• Oerlemans -v- the Netherlands (1991) 15 EHRR 561
• Allan Jacobson -v- Sweden (1989) 12 EHRR 56 (paragraphs 66-67)
• Masson and Van Zon -v- the Netherlands (1995) 22 EHRR 491 (para 44)
• Kyrtatos v. Greece (Application no. 41666/98)
• British Telecommunications Plc & Anor v Gloucester City Council [2001] EWHC Admin 1001 (26th November, 2001)
• Aggregate Industries UK Ltd., R (on the application of) v English Nature and & Anor [2002] EWHC 908 (Admin) (24th April, 2002)
• Mitchell & Anor, R (on the application of) v Horsham District Council [2003] EWHC 234 (Admin) (14 February 2003)
• Laing Homes Ltd., R (on the application of) v Secretary of State for the Environment Food and Rural Affairs [2003] EWHC 1578 (Admin) (08 July 2003)
• Gosbee & Anor, R (on the application of) v First Secretary of State & Anor [2003] EWHC 770 (Admin) (20 March 2003)
• SOUTH BUCKS DISTRICT COUNCIL v. PORTER [2001] EWCA Civ 1549 (12th October, 2001)
• Gavin, R (on the application of) v London Borough of Haringey & Anor [2003] EWHC 2591 (Admin) (05 November 2003)
• Wrexham County Borough v National Assembly of Wales & Ors [2003] EWCA Civ 835 (19 June 2003)
• Adlard, R (on the application of) v Secretary of State for the Environment, Transport & the Regions & Ors [2002] EWHC 7 (Admin) (17th January, 2002)
• Adlard & Ors, R (on the application of) v Secretary of State for Environment, Transport & Regions [2002] EWCA Civ 671 (17th May, 2002)
• Richardson & Anor, R (on the application of) v North Yorkshire County Council & Ors [2003] EWHC 764 (Admin) (15 April 2003)
• CLARKE v. SECRETARY OF STATE FOR THE ENVIRONMENT TRANSPORT AND THE REGIONS [2001] EWHC Admin 800 (9th October, 2001)
• City of Westminster & Ors, r (on the application of ) v Mayor of London [2002] EWHC 2440 (Admin) (31 July 2002)
• ELMBRIDGE BOROUGH COUNCIL and RESIDENTS AND LANDOWNERS' GROUP (ELMBRIDGE) v. SECRETARY OF STATE FOR ENVIRONMENT, TRANSPORT AND REGIONS SWAYFIELDS LIMITED [1999] EWHC Admin 824 (22nd October, 1999)
• R (ON THE APPLICATION OF PRYTHERCH) v. CONWY BOROUGH COUNCIL [2001] EWHC Admin 869 (19th October, 2001)
• Orme & Anor v North Yorkshire County Council & Anor [2003] EWCA Civ 1860 (19 December 2003)
• TANDRIDGE DISTRICT COUNCIL v. MICHAEL DELANEY; PATRICK CONNORS and MICHAEL CONNORS [1999] EWHC Admin 781 (3rd August, 1999)
• Manticore Holdings Ltd., R (on the application of) v Ashford Borough Council [2002] EWHC 3119 (Admin) (06 August 2002)
• JS BLOOR LIMITED v. AND [2001] EWHC Admin 966 (23rd November, 2001)
• R V Vale of Glamorgan DC Ex parte David Adams [2000] EWHC Admin 323 (12th April, 2000)
• FERNBACK; RODNEY LEE BERGER; ADRIAN MARTIN JACOBS; VALERIE JUNE STRACHAN and STEPHEN YIN CHING WONG v. LONDON BOROUGH OF HARROW [2000] EWHC Admin 278 (11th April, 2000)
• NEWPORT COUNTY BOROUGH COUNCIL v. SECRETARY OF STATE FOR WALES and BROWNING FERRIS ENVIRONMENTAL SERVICES LTD [1997] EWCA Civ 1894 (18th June, 1997)
• Buckinghamshire County Council v North West Estates Plc & Ors [2002] EWHC 1088 (Ch) (31 May 2002)
• Jones, R (on the application of) v Mansfield District Council [2003] EWHC 7 (Admin) (20 January 2003)
• Fairfield Partnership v Huntingdonshire District Council & Ors [2003] EWHC 2430 (Admin) (23 October 2003)
• Baker, R (on the application of) v First Secretary of State [2003] EWHC 2511 (Admin) (15 October 2003)
• C. WALTON LTD. v. SECRETARY OF STATE FOR ENVIRONMENT TRANSPORT AND REGIONS and HARBOROUGH DISTRICT COUNCIL [2000] EWCA Civ 189 (15th June, 2000)
• Smith v Secretary of State for the Environment, Transport and Regions & Ors [2003] EWCA Civ 262 (5 March 2003)
• R v. DURHAM COUNTY COUNCIL SHERBURN STONE COMPANY LIMITED SECRETARY OF STATE FOR ENVIRONMENT, TRANSPORT AND REGIONS ex parte RODNEY HUDDLESTON [1999] EWCA Civ 792 (15th February, 1999)
• South Bucks District Council v Secretary of State for Transport, Local Government and the Regions [2003] EWCA Civ 687 (19 May 2003)
• Medway Council, R(on the application of) v Secretary of State for Transport [2002] EWHC 2516 (Admin)(26 November 2002)
• MWH & H Ward Estates Ltd., R (on the application of) v Monmouthshire County Council [2002] EWHC 229 (Admin) (20th February, 2002)
• R and NORTH LINCOLNSHIRE COUNCIL ex parte HORTICULTURAL AND GARDEN PRODUCTS SALES (HUMBERSIDE) LIMITED [1997] EWHC Admin 751 (31st July, 1997)
• QUEEN v. DERBYSHIRE COUNTY COUNCIL EX PARTE DAVID GEORGE WOODS [1997] EWCA Civ 971 (7th February, 1997)
• Ayres, R (on the application of) v Secretary of State for the Environment, Transport and Local Regions & Anor [2002] EWHC 295 (Admin) (19th February, 2002)
• Mid-Sussex District Council v. William Charles Boyle [2001] EWHC QB 382 (20th July, 2001)
• R and TANDRIDGE DISTRICT COUNCIL EX PARTE MOHAMED AL FAYED [1999] EWHC Admin 31 (14th January, 1999)
• Moss, R (on the application of) v First Secretary of State & Anor [2003] EWHC 2781 (Admin) (03 November 2003)
• Secretary of State for Transport, Local Government and the Regions v Waltham Forest London Borough Council [2002] EWCA Civ 330 (15th March, 2002)
• Brennon, R (on the application of) v Bromsgrove District Council [2003] EWHC 752 (Admin) (17 March 2003)
• POSTERMOBILE PLC v. LONDON BOROUGH OF BRENT [1997] EWHC Admin 1002 (11th November, 1997)
• SECRETARY OF STATE FOR ENVIRONMENT TRANSPORT AND REGIONS EX PARTE ANTHONY MARSON, R v. [1998] EWHC Admin 351 (23rd March, 1998)
• Rank, R (on the application of) v East Cambridgeshire District Council & Anor [2002] EWHC 2081 (Admin) (08 October 2002)
• Blackburn v First Secretary of State [2003] EWHC 671 (Admin) (13 March 2003)
• J S Bloor (Northampton) Ltd. & Anor v Warwickshire County Council [2002] EWHC 334 (Admin) (1st March, 2002)
• BUCKINGHAMSHIRE COUNTY COUNCIL v. SECRETARY OF STATE FOR ENVIRONMENT, TRANSPORT AND REGIONS and J BROWN [2000] EWHC Admin 386 (31st August, 2000)
• Hill v Secretary of State for Transport, Local Government & Anor [2003] EWHC 279 (Admin) (05 February 2003)
• JOHN BEARD, R v. [1996] EWCA Crim 396 (10th May, 1996)
• IN THE MATTER OF AN APPLICATION FOR JUDICIAL REVIEW R v. SECRETARY OF STATE FOR ENVIRONMENT TRANSPORT AND REGIONS and PARCELFORCE ex parte ANTHONY MARSON [1998] EWCA Civ 804 (8th May, 1998)
• DOREEN EDNA MILES v. SECRETARY OF STATE FOR ENVIRONMENT and ROYAL BOROUGH OF KINGSTON UPON THAMES [1999] EWHC Admin 518 (4th June, 1999)
• Chelmsford Borough Council, R (on the application of) v First Secretary of State & Anor [2003] EWHC 2978 (Admin) (25 November 2003)
• Lanni v First Secretary of State & Anor [2003] EWHC 1716 (Admin) (16 July 2003)
• TANDRIDGE DISTRICT COUNCIL v. MICHAEL DELANEY PATRICK CONNORS MICHAEL CONNORS [1999] EWHC Admin 79 (29th January, 1999)
• DIDO BERKELEY v. SECRETARY OF STATE FOR ENVIRONMENT and FULHAM FOOTBALL CLUB [1998] EWCA Civ 217 (12th February, 1998)
• Brent v Dowman [2003] EWCA Civ 920 (17 July 2003)
• Marney, R (on the application of) v Secretary of State for Transport Environment and the Regions & Anor [2003] EWHC 226 (Admin) (04 February 2003)
• JS Bloor (Wilmslow) Ltd. & Ors v First Secretary of State [2003] EWHC 2754 (Admin) (21 November 2003)
• Cheltenham Builders Ltd., R (on the application of) v South Gloucestershire Distrcict Council [2003] EWHC 2803 (Admin) (10 November 2003)
• BERKELEY v. SECRETARY OF STATE FOR ENVIRONMENT TRANSPORT and the REGIONS LONDON BOROUGH OF RICHMOND UPON THAMES [2001] EWCA Civ 1012 (29th June, 2001)
• Rhondda Cynon Taff Borough Council v Watkins [2003] EWCA Civ 129 (12 February 2003)
• JC Decaux Ltd. v First Secretary of State [2003] EWHC 407 (Admin) (11 February 2003)
• JOHN FRANCIS PANVERT v. SECRETARY OF STATE FOR ENVIRONMENT and TONBRIDGE and MALLING BOROUGH COUNCIL [1999] EWHC Admin 514 (1st June, 1999)
• Mohammed v Newcastle Upon Tyne & Anor [2003] EWHC 2816 (Admin) (11 November 2003)
• Jones, R (on the application of) v Sedgemoor District Council [2003] EWHC 3007 (Admin) (28 November 2003)
• Queen on the application of Alan Kathro; Michael Evans; Vivienne Evans; Patrick Grant and and Llantwit Fardre Community Council v. Rhondda Cynon Taff County Borough Council [2001] EWHC Admin 527 (6th July, 2001)
• DOREEN EDNA MILES v. SECRETARY OF STATE FOR ENVIRONMENT and ROYAL BOROUGH OF KINGSTON UPON THAMES [1999] EWCA Civ 2078 (11th August, 1999)
• Bello, R (on the application of) v Lewisham [2003] EWCA Civ 353 (21 February 2003)
• Hargrave & Anor v Stroud District Council [2001] EWHC Admin 1128 (7th December, 2001)
• EDWIN SMITH v. SECRETARY OF STATE FOR WALES v. RHONDDA CYNON TAFF COUNTY BOROUGH COUNCIL [1999] EWHC Admin 66 (28th January, 1999)
• WREXHAM BOROUGH COUNCIL EX PARTE ANN GAVIN (AKA ANN DORAN), R v. [1999] EWHC Admin 817 (26th August, 1999)
• ENTERPRISE INNS PLC v. SECRETARY OF STATE FOR ENVIRONMENT TRANSPORT AND REGIONS and LIVERPOOL CITY COUNCIL [2000] EWHC Admin 333 (19th April, 2000)
• Lomax & Ors v Secretary of State for the Transport, Local Government and the Regions & Anor [2002] EWHC 921 (Admin) (10th May, 2002)
• Decra Plastics Ltd. v Waltham Forest [2002] EWHC 2718 (Admin) (13 December 2002)

David Lammy
Parliamentary Under Secretary of State
Department for Constitutional Affairs
Selborne House
54-60 Victoria Street
London
SW1E 6QW

2 October 2003

HUMAN RIGHTS - IMPROVING PUBLIC SERVICES

I am pleased to write to you in my capacity as Minister for Human Rights, at the Department for Constitutional Affairs. You may be aware of the report on Human Rights launched earlier this week by the Audit Commission, the independent local public services regulator. I enclose a copy of this for you as I would like to reiterate the report's messages that:

• public authorities are exposing themselves unnecessarily to the risk of litigation.
• public authorities could use human rights to help lever up standards of service delivery.

Can I urge you to consider carefully whether you have done enough to review your policies and procedures, to raise staff awareness, and above all, to mainstream human rights throughout your organisation? Section 6 of the Human Rights Act places a statutory obligation on you to act compatibly with Convention rights. This is not just for the lawyers.

We will be discussing these matters at a conference on 6 November, run by the Audit Commission jointly with my Department and the British Institute of Human Rights. If you are able, please try to come along (go to www.audit-commission.gov.uk/aboutus/events.asp).

In addition, my Human Rights Unit continues to run a series of awareness-raising roadshows. In the last year we have been to Canterbury, Newcastle, Brighton, Birmingham, Manchester, Exeter, Llandudno, London and are soon to go to Daventry. New dates will shortly be posted on the website (www.humanrights.gov.uk) for Leeds, Sheffield and Leicester. Please take advantage of these. We are also willing to run one-off events if you can put together an audience and a venue.

There is also a wide range of awareness raising free publications that you can obtain through the website, or by contacting the Helpdesk on 0207 210 1437.

DAVID LAMMY