Agenda Reports Pack (Public) 15/10/2012, 19.00 - Meetings ...

8. Human Rights8.1 The Human Rights Act 1998 requires that every public authority must act in amanner that is compatible with the Convention for the Protection of HumanRights and Fundamental Freedoms (“the Convention”).8.2 Relevant parts of Article 1 of First Protocol of the Convention provide:“Every natural or legal person is entitled to peaceful enjoyment of hispossessions” and “[no] one shall be deprived of his possessionsexcept in the public interest and subject to the conditions provided forby law and by the general principles of international law …”8.3 Relevant parts of Article 8 of the Convention provide:“(1) Everyone has the right to respect for his private and family life, hishome and his correspondence.(2) There shall be no interference by a public authority with theexercise of this right except such as is in accordance with the law andis necessary in a democratic society in the interest of …the economicwell-being of the country…”8.4 Relevant parts of Article 6 provide that:“In determining his civil rights and obligations … everyone is entitledto a fair and public hearing within a reasonable time by anindependent and impartial tribunal established by law.”8.5 The proposed regeneration of the Market through the proposedredevelopment has been publicised extensively and consulted upon by theCouncil and the Developer. Third parties likely to be affected by the proposalshave been offered several opportunities to make representations to theCouncil. So far as the Order is concerned, any owner, lessee or occupier ofland included in the Order will have the opportunity to make an objection andto appear before a person appointed by the Secretary of State before adecision is made whether or not the Order should be confirmed.8.6 The Order is made pursuant to section 226(1)(a) of the 1990 Act (asamended by the 2004 Act) which authorises the Council to acquire landcompulsorily subject to following the procedures laid down by the Acquisitionof Land Act 1981.8.7 The Council considers that there is a compelling case in the public interestthat the Order Lands be compulsorily acquired in order to achieve thepurposes described in this Statement of Reasons.17Page 77