The Equality Act and Planning Law

Suzanne Walford, Foot Anstey

The Equality Act and Planning Law

Publication date: 2018
Ranking: essential

This note usefully describes the requirements the Equality Act places on the determination of planning applications and the preparation of planning policy.

As John Halford commented on this subject in 2010:

“Planning is not an area of state activity where equalities considerations are at the forefront of decision makers’ minds. On a traditional view, the concern of planning law is to regulate the use of land in the interests of the public at large, rather than those of any particular group, and at best equality will be one of a number of ‘relevant considerations’ that merely need to pass through and be weighed in officers’ and planning committee members’ minds.”

This note by Suzanne Walford updates John Halford’s assessment of cases in 2010 with a review of R(on the application of Buckley) v Bath and North East Somerset Council [2018] EWHC 1551 (Admin). She describes how there is a need to have “due regard” to the impact of a decision (policy or an application), on anyone with a Protected Characteristic who may be affected by the decision.

This may result directly in a different decision being made.

A further example of a redevelopment scheme is also referred to which is useful in the context of regeneration master plans and policies.

To obtain a copy in an alternative language or formatdownload link
Please write to:
Equality and Diversity Team
North Somerset Council
Town Hall, Walliscote Grove Road, Weston-super-Mare. BS23 1UJ

Telephone: 01934 634989
Email: equality@n-somerset.gov.uk

 

 

 

 

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