Equality impact assessment (EIA) form: evidencing paying due regard to protected characteristics
(Form updated October 2023)
Variation of Restrictive Covenant – Sherburn in Elmet
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If you would like this information in another language or format such as Braille, large print or audio, please contact the Communications Unit on 01609 53 2013 or email communications@northyorks.gov.uk.
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Equality Impact Assessments (EIAs) are public documents. EIAs accompanying reports going to County Councillors for decisions are published with the committee papers on our website and are available in hard copy at the relevant meeting. To help people to find completed EIAs we also publish them in the Equality and Diversity section of our website. This will help people to see for themselves how we have paid due regard in order to meet statutory requirements.
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Name of Directorate and Service Area |
Resources – Property Service
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Lead Officer and contact details |
Philip Cowan
e-mail: philip.cowan@northyorks.gov.uk
Tel: 07973 736 814
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Names and roles of other people involved in carrying out the EIA |
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How will you pay due regard? e.g. working group, individual officer |
Working group comprising staff within Property Service.
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When did the due regard process start? |
December 2025
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Section 1. Please describe briefly what this EIA is about. (e.g. are you starting a new service, changing how you do something, stopping doing something?)
The proposal is for the variation of a restrictive covenant on land that was previously sold by the Council. The council holds a residual interest in the land.
The Council sold the land a number of years ago. The variation will generate a capital receipt.
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Section 2. Why is this being proposed? What are the aims? What does the authority hope to achieve by it? (e.g. to save money, meet increased demand, do things in a better way.)
The Council applied the restrictive covenant when the land was sold. The covenant restricts the land to agricultural use. The council has been approached to vary the covenant to permit residential development.
The authority will generate a capital receipt by agreeing the variation.
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Section 3. What will change? What will be different for customers and/or staff?
This transaction does not directly affect service delivery.
The capital receipt will be reinvested in the Council’s Capital Plan.
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Section 4. Involvement and consultation (What involvement and consultation has been done regarding the proposal and what are the results? What consultation will be needed and how will it be done?)
No public consultation has taken place.
In due course, as the proposals advances, planning consent will be required for the redevelopment of the land and the usual planning consultation will take place.
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Section 5. What impact will this proposal have on council budgets? Will it be cost neutral, have increased cost or reduce costs?
The proposal will not directly impact on the Councils revenue budgets.
The capital receipt generated will support the Capital Program. |
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Section 6. How will this proposal affect people with protected characteristics? |
No impact |
Make things better |
Make things worse |
Why will it have this effect? Provide evidence from engagement, consultation and/or service user data or demographic information etc. |
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Age |
X
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Disability |
x |
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Sex |
x |
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Race |
x |
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Gender reassignment |
x |
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Sexual orientation |
x |
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Religion or belief |
x |
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Pregnancy or maternity |
x |
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Marriage or civil partnership |
X
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Section 7. How will this proposal affect people who… |
No impact |
Make things better |
Make things worse |
Why will it have this effect? Provide evidence from engagement, consultation and/or service user data or demographic information etc. |
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..live in a rural area? |
x
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…have a low income? |
x
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…are carers (unpaid family or friend)?
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x |
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….. are from the Armed Forces Community
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x |
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Section 8. Geographic impact – Please detail where the impact will be (please tick all that apply) |
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North Yorkshire wide |
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Craven |
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Hambleton |
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Harrogate |
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Richmondshire |
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Ryedale |
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Scarborough |
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Selby |
Yes
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If you have ticked one or more areas, will specific town(s)/village(s) be particularly impacted? If so, please specify below. |
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The variation of covenant will affect people in the Selby Area.
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Section 9. Will the proposal affect anyone more because of a combination of protected characteristics? (e.g. older women or young gay men) State what you think the effect may be and why, providing evidence from engagement, consultation and/or service user data or demographic information etc.
No
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Section 10. Next steps to address the anticipated impact. Select one of the following options and explain why this has been chosen. (Remember: we have an anticipatory duty to make reasonable adjustments so that disabled people can access services and work for us) |
Tick option chosen |
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1. No adverse impact - no major change needed to the proposal. There is no potential for discrimination or adverse impact identified. |
x |
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2. Adverse impact - adjust the proposal - The EIA identifies potential problems or missed opportunities. We will change our proposal to reduce or remove these adverse impacts, or we will achieve our aim in another way which will not make things worse for people. |
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3. Adverse impact - continue the proposal - The EIA identifies potential problems or missed opportunities. We cannot change our proposal to reduce or remove these adverse impacts, nor can we achieve our aim in another way which will not make things worse for people. (There must be compelling reasons for continuing with proposals which will have the most adverse impacts. Get advice from Legal Services) |
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4. Actual or potential unlawful discrimination - stop and remove the proposal – The EIA identifies actual or potential unlawful discrimination. It must be stopped. |
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Explanation of why option has been chosen. (Include any advice given by Legal Services.)
The variation of covenant does not directly affect service delivery.
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Section 11. If the proposal is to be implemented how will you find out how it is really affecting people? (How will you monitor and review the changes?)
No proposal are in place to establish this as NYC is not the landowner in control of the land and the proposal will not directly affect service delivery.
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Section 13. Summary Summarise the findings of your EIA, including impacts, recommendation in relation to addressing impacts, including any legal advice, and next steps. This summary should be used as part of the report to the decision maker.
The variation of covenant is in the Council’s interests as the Council will generate a significant capital receipt for NYC which can be reinvested in the Capital Program.
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Section 14. Sign off section
This full EIA was completed by:
Name: Philip Cowan Job title: Estates Manager – Commercial and Major Projects Directorate: Resources Signature: Philip Cowan
Completion date: 4th December 2025
Authorised by relevant Assistant Director (signature):
Date:
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