Cases - R (on the application of Alconbury Developments Ltd) v Secretary of State for the Environment, Transport and the Regions
Record details
- Name
- R (on the application of Alconbury Developments Ltd) v Secretary of State for the Environment, Transport and the Regions
- Date
- [2001]; [2001]
- Citation
- UKHL 23; 2 PLR 76
- Legislation
- Keywords
- Planning control
- Summary
-
This case was concerned with appeal decisions of the Secretary of State as distinct from an inspector. The principal issue was whether there was compliance with Article 6(1).
The House of Lords held that the Secretary of State can be both a policy maker and a decision taker where the courts have jurisdiction to conduct a judicial review of the lawfulness and fairness of a decision. The remedy by way of judicial review ensures compliance with Article 6(1).