Summary
A local planning authority has a broad discretion whether to take enforcement action. In deciding expediency, it must weigh the advantages and disadvantages of the available options against the public interest, including whether the gain is worth the cost.
The Public Sector Equality Duty requires a conscious, rigorous and fact-sensitive assessment of equality impacts. Its implied duty of reasonable enquiry is subject to review on Wednesbury grounds, and the authority decides the nature and intensity of the enquiry. In a delegated planning decision, an officer’s report is not subject to more exacting scrutiny than a report to a committee.
Section 11 of the Children Act 2004 requires regard to children’s welfare, but does not ordinarily require investigation of each child’s individual circumstances.
Factual background
The claimant sought judicial review of Luton Borough Council’s decision to issue an enforcement notice concerning the conversion of an employment site into residential accommodation. The notice required cessation of the residential use, demolition of structures and removal of residential fixtures.
Permission was granted on grounds alleging failure to comply with the Public Sector Equality Duty, failure to have regard to children’s welfare and residents’ article 8 rights, and failure to apply the statutory expediency test under section 172(1)(b) of the Town and Country Planning Act 1990.
The central issues were whether the Council had made sufficient enquiries and properly evaluated equality, welfare and human-rights impacts, and whether it had failed to consider material matters when deciding that enforcement action was expedient.
Held
- Delegated officer’s report. The principles governing scrutiny of a planning officer’s report apply equally where the decision is delegated. The court should read the report with reasonable benevolence and should intervene only for a material defect which may have affected the decision. A delegated report does not require more intense scrutiny merely because the decision-maker does not bring independent committee knowledge to bear.
- Public Sector Equality Duty. Section 149 of the Equality Act 2010 imposed a duty to have due regard to the statutory equality objectives. The duty was one of process, not outcome. Its implied duty of reasonable enquiry was an application of the Tameside duty and was reviewable only on Wednesbury grounds. The Council had sufficient information about the number and nature of the occupants, the temporary character of the accommodation, vulnerability, children, schooling, health, employment and potential homelessness. It was not required to identify the protected characteristics and individual circumstances of every resident.
- The Council had properly appreciated both the adverse effects of displacement and the positive equality implications of ending accommodation which it reasonably regarded as highly deficient and harmful. The equality ground therefore failed.
- Article 8 and children. Under section 7 of the Human Rights Act 1998, the claimant landlord was not a victim of any alleged breach of the residents’ article 8 rights and had no standing to advance that claim. In any event, no article 8 violation was established and the decision was necessary and proportionate on the evidence. Section 11(2) of the Children Act 2004 required regard to safeguarding and promoting children’s welfare. It did not require investigation of each child’s individual needs in this context. The Council had sufficiently considered the positive and negative effects on children.
- Expediency and relevant considerations. Section 172(1)(b) required the Council to decide whether enforcement action was expedient, having regard to the development plan and other material considerations. Informal historic comments by a planning officer and a housing officer’s assessment of one flat were not so obviously material that they had to be considered. The Officer’s Report lawfully addressed expediency.
- The claim was dismissed.
The court’s approach to earlier authorities
Available to signed-in members.
Appellate history
First-instance judicial review. The judgment states that the claimant had separately appealed against the enforcement notice under section 174 of the Town and Country Planning Act 1990; that statutory appeal was not determined in these proceedings.
Key cases cited
24 authorities cited.
- R v Secretary of State for Work and Pensions and others [2021] UKSC 26
- R (on the application of Samuel Smith Old Brewery (Tadcaster) and others) v North Yorkshire County Council [2020] UKSC 3
- Hotak v Southwark London Borough Council [2015] UKSC 30
- ZH (Tanzania) (FC) v Secretary of State for the Home Department [2011] UKSC 4
- Belfast City Council (Appellants) v. Miss Behavin' Limited (Respondents) (Northern Ireland) [2007] UKHL 19
- R (on the application of Begum (by her litigation friend, Rahman)) (Respondent) v. Headteacher and Governors of Denbigh High School (Appellants) [2006] UKHL 15
- Regina v. Secretary of State for Education and Employment and others (Respondents) ex parte Williamson (Appellant) and others [2005] UKHL 15
- R v Wicks [1998] AC 92
- Sofia Sheakh (R on the application of) v London Borough of Lambeth Council [2022] EWCA Civ 457
- R (Reprieve) v Prime Minister [2021] EWCA Civ 972
- Bridges, R (On the Application Of) v South Wales Police [2020] EWCA Civ 1058
- Mansell vTonbridge And Malling Borough Council [2017] EWCA Civ 1314
- Secretary of State for Communities and Local Government v West Berkshire District Council & Anor [2016] EWCA Civ 441
- Collins v Secretary of State for Communities and Local Government & Anor [2013] EWCA Civ 1193
- Bracking v Secretary of State for Work and Pensions [2013] EWCA Civ 1293
- The Health & Safety Executive v Wolverhampton City Council & Anor [2010] EWCA Civ 892
- K, R (on the application of) v Secretary of State for Work and Pensions [2023] EWHC 233 (Admin)
- James Noble & Anor, R (on the application of) v Cornwall Council [2022] EWHC 2402 (Admin)
- LIQUID LEISURE LIMITED (R on the application of) v ROYAL BOROUGH OF WINDSOR AND MAIDENHEAD [2022] EWHC 1493 (Admin)
- Hayes, R (on the application of) v Wychavon District Council & Anor [2014] EWHC 1987 (Admin)
- USK Valley Conservation Group & Ors, R (on the application of) v Brecon Beacons National Park & Ors [2010] EWHC 71 (Admin)
- Ardagh Glass Ltd v Chester City Council & Anor [2009] EWHC 745 (Admin)
- In re Findlay (Hogben, In re, Honeyman, In re, Matthews, In re) [1985] AC 318
- CREEDNZ Inc v Governor General [1981] 1 NZLR 172
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Cases citing this case
4 later cases · 3 positive · 1 caution
Most senior citing decisions:
- James Humphries, R (on the application of) v The Welsh Ministers [2025] EWHC 2196 (Admin) applied
- Quarry Mews Limited v Secretary of State for Housing Communities and Local Government & Anor [2025] EWHC 1968 (Admin) followed
- Basildon Borough Council v Eliza Sanders & Ors [2024] EWHC 2954 (KB) followed
- Waverley Borough Council v Anthony Martin Gray & Ors [2023] EWHC 2161 (KB)
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