Cases - R (on the application of Nunn) v First Secretary of State and T-Mobile (UK) Ltd
Record details
- Name
- R (on the application of Nunn) v First Secretary of State and T-Mobile (UK) Ltd
- Date
- [2005]
- Citation
- EWCA Civ 101
- Legislation
- Keywords
- Planning control - Human Rights Act 1998
- Summary
-
The local authority resolved to refuse prior approval for T-Mobile's phone mast, but, by mistake, only notified T-Mobile after the expiry of the 56-day period. T-Mobile took the view that the mast was permitted development and erected it. N, a local resident, claimed that her human rights under Article 6 of the Convention had been violated as, having successfully made representations to the local authority, she would be precluded from a determination by an inspector as to the merits of those representations.
The Court of Appeal upheld the validity of the permitted development. The Human Rights Act 1998 did not allow the Court to take away T-Mobile's rights. However, N's Article 6 rights had been infringed by the local authority and not only could she take her case before the Ombudsman, but she may have a claim for damages under section 8 of the Human Rights Act 1998.