[2023] EWHC 978 (Admin)
The High Court recently considered a challenge against a local planning authority’s decision to issue a planning enforcement notice. In addition, the claimant challenged the authority’s compliance with various statutory duties, including the Public Sector Equality Duty under section 149 of the Equality Act 2010.
The court held that the local planning authority has wide discretion to issue an enforcement notice. To ensure the decision to issue is taken lawfully, the authority should weigh up the advantages and disadvantages of its proposed actions on the public interest at large, and the court did not find fault with the authority’s assessment. The court also held that the authority had consciously considered the impact of the proposed enforcement action on the needs of those occupants with protected characteristics under the legislation. Consequently, the claimant’s challenge failed on both grounds. #planninglaw #planningenforcement #equalityact
