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High Court grants permission for planning judicial review challenge over alleged Equality Act breach

A High Court judge has granted permission for a planning judicial review challenge in part over an alleged breach of the public sector equality duty, Landmark Chambers has reported.

The case of R (Fraser) v Shropshire Council concerns the grant of planning permission by the local authority for the construction of 71 sheltered residential apartments and additional facilities, which are intended to provide accommodation for elderly people.

Shropshire is reported to have acknowledged that the proposed development did not include sufficient open space to comply with the relevant local plan policies.

The council’s committee report contained a statement to the effect that inadequate provision was justified on the basis that the residents would be elderly.

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Landmark said the claimant had been given permission to challenge this on two grounds:

  1. Shropshire’s approach to compliance with its open space policy amounted to direct discrimination on the ground of age, contrary to section 29(6) of the Equality Act 2010; and
  2. The council breached the public sector equality duty.

Ben Fullbrook of Landmark Chambers is acting on behalf of the claimant.

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