The objector had successfully challenged a planning decision saying that a remark by the chairman of the planning committee demonstrated bias and an effective pre-determination of the decision. The committee supported by the developer appealed.
Held: The appeal succeeded. The true test was set down in Porter v Magill. The words used remained consistent with merely a predispostion by the chairman to follow the inspector’s report, and the subsequent very full debate of the issues in the committee was relevant. The case should have been heard in Wales.
Citations:
[2006] EWCA Civ 1573, Times 13-Dec-2006
Links:
Jurisdiction:
England and Wales
Citing:
Appeal from – Condron v National Assembly for Wales, Miller Argent (South Wales) Ltd Admn 21-Dec-2005
. .
Cited – Porter and Weeks v Magill HL 13-Dec-2001
Councillors Liable for Unlawful Purposes Use
The defendant local councillors were accused of having sold rather than let council houses in order to encourage an electorate which would be more likely to be supportive of their political party. They had been advised that the policy would be . .
Cited – Gillies v Secretary of State for Work and Pensions HL 26-Jan-2006
The claimant said that the medical member of the tribunal which had heard his disability claim was biased. The doctor was on a temporary contract and also worked for an agency which contracted directly the Benfits Agency. The court of session had . .
Lists of cited by and citing cases may be incomplete.
Planning
Updated: 19 November 2022; Ref: scu.246687