Lisa Smith v Secretary of State for Levelling Up, Housing & Communities & Anor.

Lisa Smith v Secretary of State for Levelling Up, Housing & Communities & Anor.

The exclusion of permanently non-nomadic Gypsies and Travellers from the planning definition in PPTS 2015 amounted to unjustified indirect discrimination on grounds of age, disability, and race/ethnicity. The Secretary of State failed to demonstrate a legitimate aim supported by evidence, and the harsh effects of the exclusion were not outweighed by any substantiated policy objective. The inspector's decision was vitiated by reliance on this discriminatory policy and must be quashed.

Parties
Appellant: Lisa Smith; First Respondent: Secretary of State for Levelling Up, Housing & Communities; Second Respondent: North West Leicestershire District Council; Interested Party: Amos Willshore; Intervener: Derbyshire Gypsy Liaison Group; Intervener: Friends Families and Travellers; Intervener: London Gypsies and Travellers; Intervener: Southwark Travellers Action Group
Jurisdiction
England and Wales
Judgment Date
31 October 2022
Procedural Posture
Statutory Review Under S.288 Town and Country Planning Act 1990 (appeal From High Court) / Appeal Judgment
Outcome
Appeal allowed; inspector’s decision quashed; matter remitted for redetermination.
Legal Topics
Indirect Discrimination, Justification of Discrimination, Planning Policy for Gypsies and Travellers, Equality Act 2010, Article 8 ECHR, Article 14 ECHR, Public Sector Equality Duty
Administrative Law Equality and Discrimination Law Planning Law Human Rights Law Indirect Discrimination Justification of Discrimination Planning Policy for Gypsies and Travellers Equality Act 2010 +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 17 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Lisa Smith

Appellant

Secretary of State for Levelling Up, Housing & Communities

First Respondent

North West Leicestershire District Council

Second Respondent

Amos Willshore

Interested Party

Derbyshire Gypsy Liaison Group

Intervener

Friends Families and Travellers

Intervener

London Gypsies and Travellers

Intervener

Southwark Travellers Action Group

Intervener

Procedural Posture

Statutory Review Under S.288 Town and Country Planning Act 1990 (appeal From High Court) / Appeal Judgment

Legal Issues

  1. 1 Whether the exclusion of permanently non-nomadic Gypsies and Travellers from the planning definition in PPTS 2015 is unlawfully discriminatory under the Equality Act 2010 and the European Convention on Human Rights
  2. 2 Whether the Secretary of State justified the admitted indirect discrimination on grounds of age, disability, and race/ethnicity
  3. 3 Whether the inspector's decision was vitiated by reliance on the discriminatory policy

Ratio Decidendi

The exclusion of permanently non-nomadic Gypsies and Travellers from the planning definition in PPTS 2015 amounted to unjustified indirect discrimination on grounds of age, disability, and race/ethnicity. The Secretary of State failed to demonstrate a legitimate aim supported by evidence, and the harsh effects of the exclusion were not outweighed by any substantiated policy objective. The inspector's decision was vitiated by reliance on this discriminatory policy and must be quashed.

Court Disposition

Appeal allowed; inspector’s decision quashed; matter remitted for redetermination.

Orders

  • The appeal is allowed.
  • The inspector’s decision of 23 November 2018 is quashed.