R (on the application of Baker and others) v SOS Communities and Local Government, Bromley LBC and another [electronic resource]
R (on the application of Baker and others) v SOS Communities and Local Government, Bromley LBC and another [electronic resource]
- 2008
[2008] EWCA Civ 141, 28 February 2008. Considers whether planning inspectors should refer explicitly to equal opportunities legislation which are included in their decisions. Irish travellers (B) appealed against a planning inspector's refusal to grant planning permission for them to pitch caravans on land where they were already residing. B had several children who attended local schools. The planning inspector found no reason for B to remain upon this specific site. In her decision she had taken account of the fact that the older children had not attended school in recent weeks. B argued that the inspector had failed to promote equal opportunities between different racial groups, to give consideration to their children's education, and had wrongly imposed the need to demonstrate requirement to inhabit that particular site. "Held": The inspector was not required to meet the ends of equal opportunities legislation, merely to give due regard towards its purpose. She had done so, and although she had not specifically mentioned the Act, she had referred to other relevant guidance in her report. She had considered the disruption to education in her judgment. Neither had she imposed unfair burden upon B to show special attachment to the site. Appeal dismissed.
ODPM CIRCULAR 01/2006
R V SOS COMMUNITIES, BROMLEY LBC AND ANOTHER
RACE RELATIONS ACT 1976
England and Wales--1543-
[2008] EWCA Civ 141, 28 February 2008. Considers whether planning inspectors should refer explicitly to equal opportunities legislation which are included in their decisions. Irish travellers (B) appealed against a planning inspector's refusal to grant planning permission for them to pitch caravans on land where they were already residing. B had several children who attended local schools. The planning inspector found no reason for B to remain upon this specific site. In her decision she had taken account of the fact that the older children had not attended school in recent weeks. B argued that the inspector had failed to promote equal opportunities between different racial groups, to give consideration to their children's education, and had wrongly imposed the need to demonstrate requirement to inhabit that particular site. "Held": The inspector was not required to meet the ends of equal opportunities legislation, merely to give due regard towards its purpose. She had done so, and although she had not specifically mentioned the Act, she had referred to other relevant guidance in her report. She had considered the disruption to education in her judgment. Neither had she imposed unfair burden upon B to show special attachment to the site. Appeal dismissed.
ODPM CIRCULAR 01/2006
R V SOS COMMUNITIES, BROMLEY LBC AND ANOTHER
RACE RELATIONS ACT 1976
England and Wales--1543-