§ Lord Freybergasked Her Majesty's Government: Whether the application for the Greenside case will be called in for a planning inquiry so that Runnymede Council's grounds for granting demolition of a 1937 listed building can be examined. [HL93]
§ Lord RookerRunnymede Borough Council has recently referred the Greenside listed building application to my right honourable friend the Deputy 41WA Prime Minister. This allows him an opportunity to consider whether or not to call in the application for his own determination. It is not possible to anticipate the decision of my right honourable friend the Deputy Prime Minister at this stage.
§ Lord Freybergasked Her Majesty's Government: Whether the Human Rights Act 1998 overrides both planning law and national planning policy. [HL94]
§ Lord RookerThe Human Rights Act 1998 sets out specific basic rights, including the right to peaceful enjoyment of property; the right to respect for private and family life and the home; and the entitlement to a fair and public hearing within a reasonable time by an independent and impartial tribunal. Some of these rights are absolute while othes are considerations which have to be weighed in the balance against matters of public interest, such as the preservation of the environment in the case of planning decisions, when a public decision is being made and may interfere with an individual's rights. These principles are relevant in all areas of public law, including the planning system. Therefore, regard has to be paid too them to ensure that they are observed in the day-to-day operation of the planning system and that planning decisions are compatible with the Human Rights Act.
It is a matter for the courts to determine whether any particular aspects of planning law or national planning policy are incompatible with the Human Rights Act. The House of Lords decided that the planning system was not incompatible with the right to a fair and public hearing as required by the Human Rights Act in its judgment in the case of R v Secretary of State for the Environment, Transport & the Regions ex parte Holding & Barnes plc.
§ Lord Freybergasked Her Majesty's Government: What measures they intend to take to ensure that council officers and planning committee members are adequately informed of the merits of 20th century buildings which contribute to the national heritage. [HL95]
§ Lord RookerLocal planning authorities are required to consult the appropriate national amenity society in respect of applications to demolish listed buildings. In the case of 20th century buildings (in all decades except the first) this is the Twentieth Century Society. However, the Government also advise that authorities should have adequate specialist expertise available to them to discharge their responsibilities for listed buildings and conservation policy generally. In addition, English Heritage, the Government's statutory adviser, has to be consulted on all listed building applications.
§ Lord Freybergasked Her Majesty's Government: Whether the Greenside case has set a precedent in planning law and national planning policy which other applicants would be able to follow. [HL96]
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§ Lord RookerIt is not possible for me to comment on this particular case as it is currently before my right honourable friend the Deputy Prime Minister for consideration. However, it is important that all concerned in the listed building process follow the correct procedures.