There has been another case involving a challenge to a planning decision based, in part, on a claim that the Council had failed to observe its duty under the Race Relations Act 1976 s.71 (the duty to have due regard to the need to promote equality of opportunity and good relations between persons of different racial groups). This is the case of R (on the application of Harris) v Haringey LBC (2009). The Council granted planning permission for a refurbishment and extension of a Latin American market. The claimant argued that there had been a failure to consider the impact on the black minority ethnic community.
Even though the Council, in this case, had not called for an equality assessment, nor had it referred in terms to the duty in its determination, the Court found that there was sufficient evidence in the development plan that the duty had been observed. So the claim failed - but the case does show, yet again, that the RRA duty to have due regard is highly relevant in planning decisions and it must be good practice to deal specifically with the issue "up front" in the committee report and to consider whether an equality assessment should be carried out. We expect more of these claims to be brought - and some will succeed.
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