The Council owned park land which they wanted to develop as a leisure centre with recreational facilities. They agreed with a company who was to manage the development that they would undertake to use their best endeavours to obtain outline planning permission, with a financial penalty if they failed to use such best endeavours. The planning committee were not informed of the financial arrangements.
Held: The owner of adjoining land had a proprietary interest to challenge the grant of permission and to have sound grounds for doing so in that the grant made, while fairly and properly made, had not been in accordance with natural justice, because a reasonable man, not present when the decision was made and unaware that it had in fact been fairly made, but aware of the terms of the council’s agreement with the company, would think that there was a real likelihood that the agreement had had a material and significant effect on the planning committee’s decision to grant permission.
Judges:
Webster J
Citations:
[1984] 3 All ER 468
Jurisdiction:
England and Wales
Cited by:
Cited – Regina v Amber Valley District Council ex parte Dickson QBD 1984
One group on the council decided to support a proposed planning application. It was then asked whether that prevented a member of the group sitting on the committee which would assess it. There was an affidavit from the leader of the majority group . .
Lists of cited by and citing cases may be incomplete.
Local Government
Updated: 01 May 2022; Ref: scu.244706