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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10525
Experience:  Barrister 17 years experience
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The Scottish Government have approved plans incinerator

Resolved Question:

The Scottish Government have approved plans for an incinerator to be built in our area. We understand that this will have an effect on propert values which could, potentially, see local residents see their homes devalued by a huge amount of money through no fault of their own. This project was only approved in August 2005 so most homes would have been bought without prior knowledge of this potential disaster.
Is there any point in law that would allow the government to be sued for devaluing private properties? Local council refused planning permission but a government reporter overruled this decision even though the incinerator site falls well short of the European directive regarding proximity to residencial property.
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. The good news is that you would be able to judicially review the decision made by the Government Reporter to grant planning permission on the basis of the proximity to residential property infringing the European Directive requirements for distance to the incinerator. However the bad news is that there is no means to sue the Government for the reduction in property values caused by this development going ahead.
Expert:  Buachaill replied 1 year ago.
2. There is no means to sue the Government for diminution in property values because the granting or refusal of planning permission is how different property rights are reconciled in the UK. However, the corollary of planning permission reconciling property rights is that you don't get compensation if planning permission is granted to someone else. The law merely gives a right to participate in the process but it does not give compensation for any resulting loss.
Expert:  Buachaill replied 1 year ago.
3. However, you would have a case under Protocol 1 to Article 1 of the European convention on Human rights if you can show the Planning reporter's decision infringed the law. This case can be taken in accordance with the Uk Human Rights Act. Basically, any planning decision which is wrongly taken gives rise to compensation if not in accordance with the applicable law. However, the loss is the loss resulting from the wrongful decision.
Expert:  Buachaill replied 1 year ago.
4. There is precedent in your favour in the European Court of Human Rights in the Irish case of Pine Valley Developments Ltd and Others v Ireland (29 November 1991). There compensation was given for a wrongful planning decision by the European Court of Human Rights. So if you can show the planning decision is wrongful you can gain compensation under the Human Rights Act.
Expert:  Buachaill replied 1 year ago.
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