Nelson Says: "Council's rarely respect these rights." In fact the reverse is true, they appear to delight in bulldozing property, ordering you to take down buildings, even where they have not provided the correct information to Inspectors, and our favourite, lying to the Sectretary of State as to material considerations, such as the archaeological history of a building. There is no appeal under the present system on a point of fact - only on a point of law. Thus there is no effective remedy.
Article 8 (right to respect for private and family life) of the Human Rights Act prohibits interference by a public authority against a person private and family life and his home. This applies to local authority in the exercise of their powers.
Article 8 also applies where your local authority fail to act to protect your rights, hence this important legislation introduces for the first time positive rights. In the past you only had negative rights.
There is a strict time limit to begin litigation of just 12 months. In some special circumstances the Courts will extend this time limit.
Article 8 should be taken in context with Article 14 (prohibition of discrimination) seeking to prevent discrimination on any ground. Therefore, council's may not treat some members of society favourably, while in other cases using all their powers to obstruct lawful development and prevent targeted persons enjoying their home.
This is relatively new and untested legislation, which is already altering the way Council's proceed. Unfortunately, vendettas begun by Council's before implementation may not be reviewed in light of the new rights accorded, except where the Council concerned carries forward similar perverse behaviour past October 2000.
Perhaps this is a contributing factor to the plethora of reported serious abuses of authority plaguing Council's up and down the country. Where planning is concerned there is very limited access to justice! What is your MP doing about it?
UNIVERSAL DECLARATION OF HUMAN RIGHTS
EUROPEAN CONVENTION OF HUMAN RIGHTS