- Pubs, Planning Policy and the Public Sector Equality Duty (R (oao Danning) v Sedgemoor District Council)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Ground 1—PSED
- Grounds 2 & 3—the development plan
- Case details
Planning analysis: The continued loss of rural pubs to alternative, higher value uses (particularly residential conversions) is controversial and commonplace. Public houses enjoy protection in terms of national planning policy and (almost always) the policies of local development plans. The starting point is generally one of ‘resistance’ to such proposals. In considering a planning application for such a proposal Sedgemoor District Council both failed to discharge (or even consider) its duty under section 149 of the Equality Act 2010 (EA 2010) and failed to proceed upon a proper interpretation of its own development plan policy. The case is an important reminder of the duty imposed by EA 2010 upon public authorities when exercising their planning functions and that a decision-maker must proceed upon a proper understanding of the development plan. Written by Christian Hawley, barrister at No5 Chambers specialising in planning and environmental law.
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