Case study: Assessing the equalities impacts of development to protect cultural and community spaces

The London Borough of Tower Hamlets has strengthened the way it considers the Public Sector Equality Duty (PSED) in the planning process.

The PSED requires public authorities to have due regard to the objectives set out in section 149 of the Equality Act 2010. This means they must consider the needs set in the objectives when making decisions or delivering services. The objectives are to eliminate discrimination, advance equality of opportunity and foster good relations. The PSED applies when local authorities assess planning applications and make decisions about them.

The way local planning authorities do this varies greatly. The strengthened approach in Tower Hamlets makes it easier to consider how the potential loss of community and cultural spaces may impact different groups of people.

Development can have many different impacts on the area where it happens – and on the people who live, work and visit there. When applying for planning, applicants submit many different documents to assess the impact. Some of these are required by law; others are local requirements. Examples include environmental and health impact assessments.  

Alongside these assessments, local authorities must comply with the PSED, introduced in the Equality Act 2010, when making planning decisions. The PSED supports good decision-making – it encourages public bodies to understand how different people will be affected by their activities. With this, they can ensure policies and services are appropriate and accessible to all, and meet different people’s needs.  

Planning committee reports normally include a section reminding councillors of their legal duties under the Equality Act 2010. Planning applications also often include equalities statements as part of the supporting documents. The equalities implications of a development could include the loss of a culture or community space that exists on the site and serves people who share protected characteristics (age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, sexual orientation). 

The way equalities impacts are considered during the planning application assessment and decision-making varies between local authorities. The equalities information that planning committee members have in front of them when they make decisions also varies.  

If the equalities impacts of a planning application are not considered carefully, development may have negative impacts. These include the loss of valuable and important culture and community spaces that address inequalities.