Planning Enforcement Article 4 Direction equality impact assessment

Project details

1. What is the main purpose of the project?

Enforcement of planning controls.

2. What main areas or activities does the project cover?

Breaches.

3. Are there changes to an existing policy being considered?

Proactive use of Article 4 Direction to require pp to be obtained.

4. Who are the main audience, users or customers who will be affected by the project?

Speculative developers.

5. What outcomes want to be achieved from the project?

Bring ad hoc uses of agricultural land under planning control.

6. Are other service areas or partner agencies involved in delivery?

None.

7. Are you aware of any relevant information, data, surveys or consultations¹ which help us to assess the likely or actual impact of the policy on customers or staff?

None.

Public Sector Equality Duty

8. The ‘general duty’

The ‘general duty’ states that we must have “due regard” to the need to:

1. eliminate unlawful discrimination, harassment and victimisation
2. advance equality of opportunity between people who share a ‘protected characteristic²’ and those who do not³
3. foster good relations between people who share a protected characteristic and those who do not

Not all policies help us to meet the ‘general duty’, but most do.

The policy helps us to ‘eliminate unlawful discrimination, harassment and victimisation’ by:

Planning permission runs with the land and is a transparent process with duties under the Equality Act applicable.

The policy helps us to 'advance equality of opportunity…' by:

Ensuring that all groups are able to become involved in the planning process.

The policy helps us to ‘foster good relations…’ by⁴:

Inclusion of all communities in decision making.

Health inequalities

We have an important role in improving residents’ health under the Health and Social Care Act 2012. This relates to both its ‘core functions’ (such as housing, leisure, greenspaces and environmental health) and to its ‘enabling roles’ (such as economicdevelopment, planning and engaging with communities).

We recognise that its Public Sector Equality Duty and its role in improving health are interrelated and mutually supportive. This is especially true across the ‘protected characteristics’ of age and disability.

'Health inequalities are the unjust and avoidable differences in people's health across the population. They come from the unequal distribution of income, wealth and power and influence the wider determinants of health such as work, education, social support and housing.

Currently, in England people living in the least deprived areas will live around 20 years longer in good health than those in the most deprived areas. Reducing health inequalities means giving everyone the same opportunities to lead a healthy life, no matter where they live or who they are.'

9. Explain how this policy helps us to improve health/reduce health inequalities for residents

Ensuring that all groups are involved and heard in the decision-making process through the ability to report breaches online and to make representations concerning related planning applications via our planning website.

10. Disproportionate impacts

This section helps us to identify any disproportionate impacts. We will indicate whether the project is likely to particularly benefit or disadvantage any of the 'protected characteristics'.

Age – older people (60+) and younger people (17-25) and children (0-16)

Positive impact

Inclusion in decision making.

Disability – physical, sensory, learning, mental health issues, other

Positive impact

Inclusion in decision making.

Ethnicity – white, black, chinese, mixed ethnic origin, gypsies/travellers

Positive impact

Inclusion in decision making.

Language – English not as a first language

Positive impact

Translation services made available on request.

Pregnancy and maternity – women who are pregnant or have given birth in the last 26 weeks

Positive impact

Online consultation enables participation in decision making.

Religion or belief – people with a religious belief (or none)

Positive impact

Online consultation enables participation in decision making.

Sex – men and women

Positive impact

Online consultation enables participation in decision making.

Gender reassignment – transgender/transsexual

Positive impact

Online consultation enables participation in decision making.

Sexual orientation – straight/heterosexual, gay or lesbian, bisexual, other sexual orientation

Positive impact

Online consultation enables participation in decision making.

Marriage and civil partnership – people who are married or in a civil partnership

Positive impact

Online consultation enables participation in decision making.

Monitoring and review

12. How will you monitor the impact of your project once it has been put into effect?

Review feedback and characteristics of any individuals or groups directly affected.

13. Could this discriminate against any protected characteristic, either directly or indirectly?

No.

Completed by: Simon Cairns
Review date:⁵ 5 years – 14.10.2029

• [1] Our surveys and consultations include ‘equality monitoring information’ to help us identify any concerns or views expressed by any particular group or ‘protected characteristic’. It can also help us to assess how representative of our customers the respondent group is. Local data on the ‘protected characteristics’ is available online by searching for Census 2021.
• [2] The Equality Act’s `protected characteristics’ include age, disability, gender reassignment, pregnancy and maternity, race, religion or belief and sex and sexual orientation. It also covers marriage and civil partnerships, but not for all aspects of the duty.
• [3] This involves having due regard, in particular, to the need to: (a) remove or minimise disadvantages suffered by persons who share a protected characteristic that are connected to that characteristic; (b) take steps to meet the needs of persons who share a relevant protected characteristic that are different from the needs of persons who do not share it, and (c) encourage persons who share a relevant protected characteristic to participate in public life or in any other activity in which participation by such persons is disproportionately low.
• [4] This involves having due regard to the need to (a) tackle prejudice, and (b) promote understanding.
• [5] This is normally three years, but not always: You may know that the policy itself will be reviewed earlier in which case the EqIA should be reviewed at that time. Or, in the case of a five-year strategy, you may want to have a review date of five years. In the case of a 'one off' decision, such as closing a service, a review date may not be needed - in which case you should indicate ‘N/A’. In any event, the review date should be brought forward if you receive information or feedback which raises new concerns, or if the public policy context changes.