High Court grants permission to bring planning judicial review based on the Equality Act

The High Court has recently granted permission in the case of R (Fraser) v Shropshire Council.  The Claimant challenges the grant of planning permission by the Council for the construction of 71 sheltered residential apartments and additional facilities, which are intended to provide accommodation for elderly people.  The Council 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.  The Claimant has been given permission to challenge this on two grounds: (1) that the Council’s approach to compliance with its open space policy amounts to direct discrimination on the ground of age, contrary to section 29(6) of the Equality Act 2010; and (2) that the Council breached the Public Sector Equality Duty. Ben Fullbrook acts on behalf of the Claimant.