Troubled Waters Equalities Duty And Alternative Sites Failings Fatal
The public sector equality duty under Section 149 of the Equality Act 2010 (PSED) is playing an increasing role in planning decisions. In LDRA LTD & ORS v Secretary of State for Communities and Local Government & ORS [2016] EWHC 950 the High Court quashed an Inspector's decision to grant permission on appeal for an onshore office and warehouse facility to serve offshore wind farm installations. The authority had refused permission on the grounds of unacceptable amenity harm to adjacent residential occupiers. The Inspector considered the proposals at an Inquiry and attended an accompanied site visit, during which access to the riverside for local people and the existence of alternative sites with lesser potential impacts were pointed out. The claimants challenged under Section 288 of the TCPA 1990.
The High Court agreed that the Inspector had failed to give effect to the PSED when considering effects on access to the riverside area for disabled people.
Equalities duties
Section 149 requires authorities to have...
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