Elizabeth Condron v National Assembly for Wales & Anor

Elizabeth Condron v National Assembly for Wales & Anor

The appearance of bias due to possible pre-determination by the Chair of the Planning Decision Committee rendered the grant of planning permission unlawful; the decision must be quashed to ensure impartial reconsideration.

Parties
Claimant: Elizabeth Condron; First Defendant: National Assembly for Wales; Second Defendant: Miller Argent (South Wales) Ltd
Jurisdiction
England and Wales
Judgment Date
21 December 2005
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application allowed; planning permission quashed
Legal Topics
Bias in Decision Making, Environmental Impact Assessment, Planning Permission, Buffer Zones, Delegation of Functions, Post Inquiry Submissions
Administrative Law Planning Law Bias in Decision Making Environmental Impact Assessment Planning Permission Buffer Zones Delegation of Functions Post Inquiry Submissions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Elizabeth Condron

Claimant

National Assembly for Wales

First Defendant

Miller Argent (South Wales) Ltd

Second Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Planning Decision Committee's grant of planning permission was vitiated by bias or possible pre-determination
  2. 2 Whether failure to consider post-inquiry submissions and environmental information rendered the decision unlawful
  3. 3 Whether the Planning Decision Committee failed to consider material considerations such as buffer zones, cumulative effects, and undisclosed landfill sites

Ratio Decidendi

The appearance of bias due to possible pre-determination by the Chair of the Planning Decision Committee rendered the grant of planning permission unlawful; the decision must be quashed to ensure impartial reconsideration.

Court Disposition

Application allowed; planning permission quashed

Orders

  • Planning permission granted on 11th April 2005 is set aside
  • Matter to be reconsidered afresh free from the appearance of bias