CITY of York Council has confirmed it cannot process a planning application for a travellers' site outside its headquarters - because of its duties under the Equality Act.

Independent councillor Mark Warters submitted the application for a three-pitch site on the forecourt at West Offices earlier this month, claiming it would will help meet a desperate need for a disadvantaged group.

The authority said later that it could not validate the application at that stage and now the councillor's agent, architect Matthew Laverack, has received an email from head of development services and regeneration, Jonathan Carr, saying that following advice from legal services, it cannot process and publicise the application in its current form.

Mr Carr said: "Whilst the information submitted is technically sufficient to validate the submission, some of the content does impose a duty on the council under section 149 of the Equality Act 2010."

He said this required it to have due regard to the need to eliminate discrimination, harassment and victimisation, advance equality of opportunity and foster good relations 'between persons who share a relevant protected characteristic and persons who do no share it', and tackle prejudice and promote understanding.

He particularly raised concerns about the plan reference numbers and the references to the contribution to the city's economy contained in the application, and suggested it should be amended.

Mr Laverack has replied saying he and Cllr Warters refuted the allegation that the application breached the Equality Act, and claimed the decision was a 'devious attempt not to have to deal with a potentially embarrassing application.'

He said:" We consider it to be a trumped-up excuse to avoid dealing with an unwelcome planning application on its doorstep.

"We find nothing in the Equality Act that empowers the council to act as judge and jury over what is, or is not, considered discrimination, harassment, victimisation or prejudice. Ultimately, that is a matter only the courts can decide."

He said the thrust of the application was to provide good accommodation for a minority group in the heart of the city.

He added that he had the right to apply for non-determination after eight weeks, and believed he had grounds for seeking an award of costs against the council for unreasonable behaviour.