Urban Planning and Environmental Protection in the Mirror of the Case Law of the European Court of Human Rights

Abstract

The objective of this study is to identify and analyse the most important positions of the ECtHR concerning construction activities and implementation of urban development policies by states, while ensuring the rights of citizens and protecting the environment from the negative impact of construction. This research is necessary, in particular, for the development of the urban planning law, as well as for the purposes of the urban planning reform in Ukraine.

In its decisions, the European Court of Human Rights promotes the idea of a crucial role of the state policy and state regulation of the urban development sector in protection and defence of human rights. In many decisions, the Court clarifies obligations of the state in this area, in particular, what they are in special situations such as construction in protected areas, unauthorised construction, and obligations to prevent natural disasters. The paper examines in sufficient detail various aspects of the relevant practice of the Court.

The array of the ECtHR case law on protection of environmental rights violated or threatened by construction activities and urban planning has been examined separately. The Court's conclusions regarding the priority of public interest in compliance with building regulations over private interest in ownership of illegally constructed property (but not housing) are noteworthy. Numerous decisions of the Court emphasize the primacy of environmental protection over many variations of private interests. This position of the ECtHR is a good example of the Court's support for the European trend towards establishing the sustainable development concept.

Keywords: urban planning, ECtHR case law, construction activity, sustainable development, environmental rights, unauthorised construction, natural disasters.