Two Castle Point planning applications are at the centre of a major High Court test case challenging the deputy Prime Minister's right to make decisions.
Holding and Barnes, a car salvage company on Canvey, and Premier Leisure, which was involved in the controversial Virgin complex in Thundersley, are both challenging John Prescott's decision to take planning matters out of the hands of local authorities and decide them himself.
HBC wants to relocate is operation from Canvey's Charfleets industrial estate to Haven Road on the island - an application agreed by Castle Point Council but called in for a final say by Mr Prescott.
Meanwhile, developers Premier Leisure hope to build a multi-million pound leisure centre on Rayleigh Road, Thundersley, along with Richard Branson's firm Virgin Active.
A planning inquiry has already taken place and those involved are waiting for the result.
Stephen Hockman QC, representing HBC, said: "We submit that in calling in our case the Secretary of State either acted in a way made unlawful by Article 6 (1) of the Human Rights Act or proposed to act in such a manner."
The act stipulates that everyone "is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law".
And Mr Hockman added that both the initial calling in of an application and any ultimate decision reached by the Secretary of State breached the Human Rights Act provisions.
He said: "By calling an application the Secretary of State is acting in a way which is incompatible with a Convention right. It will be incompatible when he comes to determine the application."
Mr Hockman said HBC claimed that quite apart from the Human Rights Act Mr Prescott was not justified to call the proposal in.
Other companies involved in the case are Alconbury Developments and Legal and General Assurance Society.
The hearing continues
By Isabel Gompertz
Reporter's e-mail: isabel.gompertz@notes.newsquest.co.uk
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