ABSTRACT

Membership of the European Union (EU) has resulted in a number of Directives which have been incorporated in the planning system which operates in the UK. A recent legislative change occurred with the passing of the Human Rights Act 1998, which came into force on 2 October 2000, and formally enshrined much of the European Convention on Human Rights (ECHR) in UK law. Prior to the Act, it was only possible to take a case to the European Court on the grounds of human rights after exhausting UK law through the House of Lords. It is now possible for a person to seek a challenge in the UK courts that his/her rights under the ECHR have been infringed. Article 8 establishes a right to respect for private and family life and prohibits interference with it by a public authority except where it is (a) lawful and (b) necessary in the interests of matters such as public safety, national economic well being and the protection of health. Article 16 protects against discrimination.