Saturday - June 13, 2009

PART TWO OF …. Exploiting the Human Rights Act to defy the law.  THE OTHER SIDE, THE LAW ABIDING.

Right. The folks who count for s!#t!  The law abiding home owner. The everyday person.
You know the one. The people with rights, but less then other people. 

I don’t generally look at the wkend Telegraph property section.  That cos the wife never misses it and when she finds something she thinks I’d be interested in, she brings it to my attention.

Well, I just posted an article from The Mail on the land stealing, unlawful vermin who have somehow achieved “racial” status called, travellers.  These folks are above the law and above criticism.
So ... this is what appeared in another paper, the property section called Ask The Expert, in the Telegraph.
Another eye opener.

Our property experts answer your questions on all aspects of buying, selling and owning a home.

Published: 12:00PM BST 09 Jun 2009

POINTS OF LAW

I live in a house on 18 acres and have two holiday cottages. I’d like to build a third, because of demand, but this is a rural area so planning was refused, as was our appeal.

Adjoining my land is a long-standing, unauthorised but tolerated, travellers’ camp. Recently the council’s gipsy liaison officer was granted planning permission for 12 log cabins. Could I argue my human rights are being infringed on the basis that I am not a traveller?

David Fleming writes:

Your question takes us to the dangerous area where law meets politics so I must tread carefully.

Local authorities are under a duty to provide for travellers so special rules apply to such sites.

But even if planning permission should not have been granted for the cabins, that would not help you – for the same reason that you can’t complain when the police stop you for speeding, even though other motorists, who could equally have been stopped, pass by.

The courts have held that the Human Rights Act has little application in planning law. All the rights granted, including free use of one’s property, are subject to “public interest” exceptions; it is the role of the planning system to strike a balance between an individual’s right to do what he likes with his property and the public interest in the control of development.

Note: David Fleming has practised law for 27 years and is head of property litigation.

POINTS OF LAW

Now I ask you BMEWS. Is this placed screwed up totally er what? 

Posted by peiper     on 06/13/2009 at 11:32 AM   
Filed Under: • Government • Insanity • Liberals • Nanny State • Outrageous • Travelers/Gypsies • UK •  
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