Baker & Ors, R (on the application of) v Secretary of State for Communities & Local Government & Ors [2008] EWCA Civ 141 (28 February 2008)

Baker & Ors, R (on the application of) v Secretary of State for Communities & Local Government & Ors [2008] EWCA Civ 141 (28 February 2008)

The Inspector had due regard in substance to the need to promote equality of opportunity for Irish Travellers as required by s.71(1)(b) RRA, properly balanced the educational and personal circumstances, and did not impose an unlawful requirement for a special need to live on the particular sites. The appeals are...

Source-derived case information.

Citation
[2008] EWCA Civ 141
Parties
Claimants/appellants: The Queen (on the application of Baker & Ors); First Defendant/respondent: Secretary of State for Communities and Local Government; Second Defendant/respondent: London Borough of Bromley; Intervenor: Equality and Human Rights Commission
Jurisdiction
England and Wales
Judgment Date
28 February 2008
Procedural Posture
Appeal (planning/administrative) / Court of Appeal (civil Division) Judgment on Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Race Relations Act 1976 S.71, Town and Country Planning Act 1990 S.288, Green Belt Policy, Gypsy and Traveller Site Provision, Human Rights (article 8 Echr)
Administrative Law Planning Law Equality Law Race Relations Act 1976 S.71 Town and Country Planning Act 1990 S.288 Green Belt Policy Gypsy and Traveller Site Provision Human Rights (article 8 Echr)

Source-derived case record

Summary, issues, holding and outcome

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Parties

The Queen (on the application of Baker & Ors)

Claimants/appellants

Secretary of State for Communities and Local Government

First Defendant/respondent

London Borough of Bromley

Second Defendant/respondent

Equality and Human Rights Commission

Intervenor

Procedural Posture

Appeal (planning/administrative) / Court of Appeal (civil Division) Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the Inspector failed to have due regard to the need to promote equality of opportunity under s.71(1)(b) Race Relations Act 1976
  2. 2 Whether the Inspector failed to consider the disruptive effect on education for the Baker children
  3. 3 Whether the Inspector wrongly required a special need to live on the particular appeal sites

Ratio Decidendi

The Inspector had due regard in substance to the need to promote equality of opportunity for Irish Travellers as required by s.71(1)(b) RRA, properly balanced the educational and personal circumstances, and did not impose an unlawful requirement for a special need to live on the particular sites. The appeals are dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeals dismissed; no quashing of the Inspector's decision; no temporary planning permission granted