The public sector equality duty in planning and compulsory purchase decisions
The public sector equality duty in planning and compulsory purchase decisions

The following Planning guidance note provides comprehensive and up to date legal information covering:

  • The public sector equality duty in planning and compulsory purchase decisions
  • Scope of the public sector equality duty (PSED)
  • Substantive requirements of the PSED
  • PSED in planning and compulsory purchase order (CPO) decisions
  • Discharging the PSED in practice in a planning/CPO context
  • Challenging failures to comply with the PSED

As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this content. For further guidance, see Practice Note: Brexit—the implications for English and Welsh planning law and practice or visit the Planning area of the Brexit toolkit.

Scope of the public sector equality duty (PSED)

Aim of the PSED

The PSED imposed by section 149 of the Equality Act 2010 (EqA 2010) seeks to tackle systemic discrimination and disadvantage affecting people with particular protected characteristics by integrating considerations of advancement of equality and good relations into the day-to-day business functions of public authorities and bodies subject to the duty.

Scope of the PSED

The PSED requires public authorities to ‘have due regard’ in the exercise of their functions to the need to:

  1. eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under EqA 2010

  2. advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it, and

  3. foster good relations between persons who share a relevant protected characteristic and persons who do not share it

The relevant protected characteristics are:

  1. age

  2. disability

  3. gender reassignment

  4. pregnancy