Summary
A public authority’s equality duty requires due regard to the statutory needs, not achievement of a particular result. In a planning case, the authority must understand the effects of the proposal on persons sharing protected characteristics, obtain sufficient relevant information, and undertake the statutory balancing exercise as an integral part of its decision. It need not disaggregate every form or degree of disability, or conduct a formal equality impact assessment, unless the circumstances require that level of analysis. Harm to protected groups does not dictate refusal of planning permission. It may be outweighed by material countervailing considerations. Planning conditions may refer to a community access scheme secured by an existing Town and Country Planning Act 1990 obligation, and reasons for granting permission need only summarise the reasons for the grant.
Factual background
The claimant sought judicial review of the Council’s grant of planning permission for the conversion of a former garden centre into a Jewish free school. He relied on the effects of the loss of the garden centre on elderly and disabled residents and advanced seven grounds, including alleged failure to comply with section 149 of the Equality Act 2010, defects in the section 106 obligation, unlawful conditions, failure to consider alternative sites, inadequate consultation, traffic and parking errors, and inadequate reasons.
The claim followed an earlier planning permission for the same development, which had been quashed by consent after the Council conceded that it had failed to discharge the equality duty. The central issue was whether the Council had lawfully complied with section 149 when determining the second application.
Held
- Outcome. Permission to apply for judicial review was granted, but the claim was dismissed.
- Equality duty. The duty under section 149 of the Equality Act 2010 is a duty to have due regard to the statutory needs, not a duty to achieve a particular result. The regard required is that which is appropriate in all the circumstances, including the importance and extent of the disadvantage and relevant countervailing factors. Performance must be substantive, rigorous, undertaken with an open mind, and integrated into the decision-making process.
- In a planning decision, the authority must understand the range and significance of the effects on persons with relevant protected characteristics and have sufficient information before it to conduct the necessary balancing exercise. It need not analyse every individual’s circumstances or separately examine each type or degree of disability. A formal equality impact assessment was not required on these facts.
- The Council had properly identified age and disability as relevant protected characteristics, consulted widely, analysed the representations, understood the effects of the garden centre’s loss, and placed significant weight on those effects. It was entitled to balance them against the need for school places, planning policy supporting new schools, and the fact that the garden centre had already closed. The balance was lawful.
- The section 106 obligation was enforceable against the Trust and successors in title under section 106(3) of the Town and Country Planning Act 1990. The Community Access Plan could lawfully be left for later approval. Conditions 3 and 4 were sufficiently clear when read with the obligation and did not require a further planning obligation.
- The temporary school permission was a material consideration. The Council had also considered alternative sites, and disagreement with its planning judgment did not establish an error of law. Consultation, traffic and parking assessments were adequate. Under article 22(1)(b)(i) of the Town and Country Planning (General Development Procedure) Order 1995, the reasons for granting permission need only summarise the reasons for the grant, which the Council’s decision notice did.
The court’s approach to earlier authorities
Available to signed-in members.
Key cases cited
17 authorities cited.
- R v Criminal Injuries Compensation Board, Ex parte A [1999] 2 AC 330
- Telford Trustee No.1 Ltd & Anor, R (on the application of) v Telford and Wrekin Council [2011] EWCA Civ 896
- Siraj, R (on the application of) v Kirklees metropolitan Council & Anor [2010] EWCA Civ 1286
- Harris, R (on the application of) v The London Borough of Haringey [2010] EWCA Civ 703
- Connolly & Ors v Secretary of State for Communities and Local Government [2009] EWCA Civ 1059
- Domb & Ors, R (on the application of) v London Borough of Hammersmith and Fulham & Ors [2009] EWCA Civ 941
- Baker & Ors, R (on the application of) v Secretary of State for Communities & Local Government & Ors [2008] EWCA Civ 141
- E v Secretary of State for Home Department [2004] EWCA Civ 49
- Jones & Anor, R (on the application of) v North Warwickshire Borough Council [2001] EWCA Civ 315
- Child Poverty Action Group v Secretary of State for Work & Pensions [2011] EWHC 2616 (Admin)
- Boyejo & Ors, R (on the application of) v Barnet London Borough Council [2009] EWHC 3261 (Admin)
- Brown, R (on the application of) v Secretary of State for Work and Pensions [2008] EWHC 3158 (Admin)
- Kaur & Shah, R (on the application of) v London Borough of Ealing & Anor [2008] EWHC 2062 (Admin)
- The Midcounties Co-Operative Ltd, R (on the application of) v The Forest of Dean District Council [2007] EWHC 1714 (Admin)
- Shuttari v The Law Society [2007] EWHC 1484 (Admin)
- Ling (Bridlington) Ltd. & Ors, R (on the application of) v East Riding of Yorkshire Council [2006] EWHC 1604 (Admin)
- Gavin, R (on the application of) v London Borough of Haringey & Anor [2003] EWHC 2591 (Admin)
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Cases citing this case
3 later cases · 3 positive
Most senior citing decisions:
- Quarry Mews Limited v Secretary of State for Housing Communities and Local Government & Anor [2025] EWHC 1968 (Admin) followed
- Patel, R (on the application of) v Secretary of State for Communities and Local Government & Ors [2016] EWHC 3354 (Admin) followed
- LDRA Ltd & Ors v Secretary of State for Communities And Local Government & Ors [2016] EWHC 950 (Admin) applied
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