Queen’s Bench Division (Planning Court): Kerr J,  EWHC 3294 (Admin), 7 December 2021
This was an unsuccessful challenge under Articles 8 and 14 and s149 EqA (the PSED) to experimental traffic orders (ETOs) made by the respondent which took effect from 9 November 2020. The applicants complained that they are severely prejudiced by increased car journey times to and from their school. The challenge was brought under paragraph 35, Part VI, Schedule 9 to the Road Traffic Regulation Act 1984 rather than by way of judicial review, and so did not require permission, but Kerr J pointed out at §4 that the same principles applied. He expressed sympathy for the applicants who he accepted had been disadvantaged by the ETOs but upheld them as proportionate measures in pursuit of legitimate aims of reducing congestion, improving air quality, road safety and accessibility, encouraging active travel to school and social distancing (applying R (SC) v Secretary of State for Work and Pensions  UKSC 26,  3 WLR 428 [and see earlier blog]. He rejected the PSED claim on the basis that, taken in the round, the respondent had taken sufficient steps to comply with the duty of due regard.
QBD Planning Court: Pepperall J,  EWHC 1650 (Admin) 17 June 2021
The claimant, a settled Romany Gypsy, unsuccessfully sought to challenge Department for Communities & Local Government planning policy issued in August 2015 which removed from the definition of “Gypsies and Travellers” those who had permanently ceased to travel by reason of health, education or old age. She also sought to challenge a decision of the inspector appointed by the Secretary of State to dismiss an appeal against the refusal of planning permission, which refusal flowed from the fact that neither Ms Smith nor any member of her family was recognised as a Gypsy under the policy. The claimant argued, inter alia, that the planning definition in the 2015 policy unlawfully discriminated against elderly and disabled Gypsies, relying both on the ECHR and the EqA. Pepperall J accepted that the policy impacted disparately on the elderly and disabled Gypsies, and acknowledged the extreme disadvantage experienced by Gypsies and Travellers in this and other contexts. He ruled, however, that the policy was justified taking into account the provision made by the planning system as a whole for the “particular needs of Gypsies and Travellers who have retired from travelling”. Continue reading