Baker & Ors, R (on the application of) v Secretary of State for Communities & Local Government & Ors

Baker & Ors, R (on the application of) v Secretary of State for Communities & Local Government & Ors

The Inspector substantively complied with the duty under section 71(1)(b) of the Race Relations Act 1976 by considering the disadvantages faced by gypsies and travellers and weighing these as factors in favour of the appellants, even without explicit reference to the statute. The Inspector's approach to the educational impact and the need for the appellants to reside at the specific sites was within her planning judgment and not perverse or legally erroneous. The appeals were therefore dismissed.

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
Civil Appeal (planning/administrative) / Appeal From High Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Race Relations Act Compliance, Planning Permission for Gypsy/traveller Sites, Green Belt Policy, Temporary Planning Permission, Equality of Opportunity
Administrative Law Planning Law Equality and Discrimination Law Race Relations Act Compliance Planning Permission for Gypsy/traveller Sites Green Belt Policy Temporary Planning Permission Equality of Opportunity

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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

Civil Appeal (planning/administrative) / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the Inspector failed to have due regard to the need to promote equality of opportunity under section 71(1)(b) of the Race Relations Act 1976
  2. 2 Whether the Inspector failed to consider the disruptive effect on the education of the Baker children
  3. 3 Whether the Inspector erred in her approach to the need for the appellants to reside at the specific site

Ratio Decidendi

The Inspector substantively complied with the duty under section 71(1)(b) of the Race Relations Act 1976 by considering the disadvantages faced by gypsies and travellers and weighing these as factors in favour of the appellants, even without explicit reference to the statute. The Inspector's approach to the educational impact and the need for the appellants to reside at the specific sites was within her planning judgment and not perverse or legally erroneous. The appeals were therefore dismissed.

Court Disposition

Appeal dismissed