It was alleged that there had been a miscounting of votes in the planning committee, or that they had come to an equality of votes. There were no procedures in place to resolve the impasse.
Held: In the absence of directly applicable authority, the council was under an obligation to act fairly. The committee had continued without the objections being made known to the chair by the head of Planning Services. Had the objections been made known the matter could have been dealt with relatively easily. There was a procedural unfairness, and the review was granted.
Judges:
Kay, Lord Justice Kay Lord Justice Latham The President Of The Family Division
Citations:
[2004] EWCA Civ 1036, Times 25-Aug-2004
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Regina v The Vestrymen and Churchwardens or St Pancras Middlesex 1839
The applicant sought an order of mandamus requiring the Vestrymen and Churchwardens to hold a meeting of the parishioners for the election of Vestrymen and auditors for the Parish on the grounds that a meeting previously held for that purpose had . .
Cited – Regina v Commissioner of Racial Equality Ex parte Hillingdon London Borough Council HL 1982
The House considered what would amount to a procedural unfairness in a meeting of a public body: ‘Where an Act of Parliament confers upon an administrative body functions which involve its making decisions which affect to their detriment the rights . .
Appeal from – Regina on the Application of Tromans, and Tromans v Cannock Chase District Council Admn 10-Dec-2003
. .
Cited by:
Appealed to – Regina on the Application of Tromans, and Tromans v Cannock Chase District Council Admn 10-Dec-2003
. .
Lists of cited by and citing cases may be incomplete.
Judicial Review, Administrative
Updated: 11 June 2022; Ref: scu.199559
