Creating a fairer Britain
22 June 2010
The Court of Appeal today revoked planning permission for Wards Corner and reminded local councils of their duty to consciously consider the impact of proposed large-scale building redevelopment on different racial groups.
The Equality and Human Rights Commission intervened in the case which arose from a decision by Haringey Council to grant planning permission for the redevelopment of Wards Corner in Tottenham. The site incorporates an indoor market comprising 36 retail units and 33 residential units along an adjoining road. The majority of the businesses and flats affected by the scheme are owned or occupied by black people or other minority ethnic groups.
Janet Harris, a local resident, challenged the planning permission on the basis that the Council had failed to discharge its statutory duty to have due regard to the need to promote equality of opportunity and good relations between different racial groups. She was concerned about the level of business rents that would be charged at the redeveloped site and the lack of affordable housing in the scheme.
The High Court judge had rejected the challenge and Ms Harris appealed to the Court of Appeal.
The Equality and Human Rights Commission argued that the presence of documents before the Council making reference to equality issues was not enough to comply with the statutory duty. The Council had to show they had consciously addressed their mind to the duty and actively considered any new plan or policy in light of the potential impact it may have on particular racial or ethnic groups.
The Court of Appeal agreed. Lord Justice Pill said the duty to have due regard involves a conscious approach and state of mind which had not been demonstrated in the case at hand. He said the council had not focussed on the specific statutory considerations and analysed the material before it with these considerations in mind.
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The Queen on the Application of Janet Harris and The London Borough of Haringey and (1) Grainger Seven Sisters Ltd (2) Northumberland and Durham Property Trust Ltd and the Equality and Human Rights Commission [2010] EWCA Civ 703
Section 71 of the Race Relations Act provides that:
(1) Everybody or other person specified in Schedule 1A or of a description falling within that Schedule shall, in carrying out its functions, have due regard to the need—
(a) to eliminate unlawful racial discrimination; and
(b) to promote equality of opportunity and good relations between persons of different racial groups.
Schedule 1A includes government departments, local authorities and other public bodies.
The duty was imposed in 2002 as a response to the findings of Sir William MacPherson’s Inquiry into the handling by the police of the murder of the black teenager Stephen Lawrence.
The MacPherson Report described as “institutional racism” the potentially discriminatory or unequal effects of an institution’s policies and practices if they remained unexamined and unchallenged. That Report concluded (at paragraph 46.27) that:
“… It is incumbent upon every institution to examine their policies, and the outcome of their policies and practices, to guard against disadvantaging any section of our communities”.
The means adopted by Parliament to seek to eliminate such “institutional” discrimination was the creation of strong and enforceable duties upon public authorities to have “due regard” to the equality implications of the performance of their functions, in the course of devising and implementing policies and practices.
The Commission is a statutory body established under the Equality Act 2006, which took over the responsibilities of Commission for Racial Equality, Disability Rights Commission and Equal Opportunities Commission. It is the independent advocate for equality and human rights in Britain. It aims to reduce inequality, eliminate discrimination, strengthen good relations between people, and promote and protect human rights. The Commission enforces equality legislation on age, disability, gender, race, religion or belief, sexual orientation or transgender status, and encourages compliance with the Human Rights Act. It also gives advice and guidance to businesses, the voluntary and public sectors, and to individuals.