Killian Garvey, acting for Shropshire Council, was successful in defending the grant of planning permission in the first reported judgment of 2021.
In 2019, Shropshire Council granted planning permission for specialist housing for persons over 55 years of age. The development included less open space than typically anticipated by Shropshire Council’s development plan. The Claimant argued that the justification for this was that the development was for older people and that older people do not require as much open space. The Claimant argued that this amounted to direct discrimination on the grounds of age and that it breached the public sector equality duty.
Whilst the judicial review for this claim was proceeding, the Council granted an identical permission as the first permission, this time with a different officer report which explained their reasoning more fully.
The Claimant amended their claim to include an additional 3 grounds of challenge.
The Court ultimately concluded that none of the grounds were made out. The judgment is 209 paragraphs and thus deals with a number of issues, including:
A copy of the judgment can be found here.
36 Young Street, Manchester, M3 3FT
DX: 718188 MCH 3
Direct Dial: 0161 832 9082
5 Park Square, Leeds, LS1 2NE
DX: 713113 LEEDS PARK SQ
Direct Dial: 0113 242 1123
Embassy House, 60 Church Street,
Birmingham, B3 2DJ
DX: 13023 BIRMINGHAM
Direct Dial: 0121 200 3570
@jonny_wright helps partnership liquidators set a new precedent.
Read more: https://t.co/TCHK6PEB9o https://t.co/rpI7varx2D Kings Chambers 4 days, 9 hours ago..
WATCH NOW: VAT’s The Way I Like It (If You’re the Paying Party): https://t.co/mEX2aHJ91u
@MartinCarter33 explains… https://t.co/oNpPVJyr7j Kings Chambers 1 week, 4 days ago..
Killian Garvey (@kingsplanner), acting for Shropshire Council, was successful in defending the grant of planning pe… https://t.co/0zpelgEodX Kings Chambers 1 week, 6 days ago..
In @KCPlanningTeam first webinar of 2021, Paul G Tucker QC compares the approach & outcome in 2 appeals determined… https://t.co/ALuU11Xaof Kings Chambers 2 weeks, 1 day ago..
We are delighted to announce that commercial litigation & insolvency barrister Lucy Wilson-Barnes has joined Kings… https://t.co/ZRNy7g2sWS Kings Chambers 3 weeks ago..
© Copyright 2021 Kings Chambers. All rights reserved.
Continue using site