Broadview Energy Developments Ltd v The Secretary of State for Communities and Local Government & Ors [2016] EWCA Civ 562 (22 June 2016)

Broadview Energy Developments Ltd v The Secretary of State for Communities and Local Government & Ors [2016] EWCA Civ 562 (22 June 2016)

While there was a technical breach of planning propriety guidance due to the tea room conversation between the Minister and the MP, the breach was not material given the chronology and absence of new issues or prejudice. Written and oral representations were repetitive of matters already ventilated at inquiry. No actual or apparent bias was established, and procedural fairness was not compromised. The appeal was dismissed.

Citation
[2016] EWCA Civ 562
Parties
Appellant: Broadview Energy Developments Limited; First Respondent: Secretary of State for Communities and Local Government; Second Respondent: South Northamptonshire District Council; Third Respondent: Helmdon Stuchbury & Greatworth Wind Farm Action Group
Jurisdiction
England and Wales
Judgment Date
22 June 2016
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Ministerial Decision Making, Bias, Procedural Fairness, Planning Permission, Quasi Judicial Process, Lobbying by Mps
Administrative Law Planning Law Natural Justice Ministerial Decision Making Bias Procedural Fairness Planning Permission Quasi Judicial Process +1 more

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 5 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

Broadview Energy Developments Limited

Appellant

Secretary of State for Communities and Local Government

First Respondent

South Northamptonshire District Council

Second Respondent

Helmdon Stuchbury & Greatworth Wind Farm Action Group

Third Respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether ministerial lobbying by an MP breached natural justice and fairness in planning decision-making
  2. 2 Whether the Secretary of State's decision was vitiated by actual or apparent bias
  3. 3 Whether the Secretary of State breached planning propriety guidance

Ratio Decidendi

While there was a technical breach of planning propriety guidance due to the tea room conversation between the Minister and the MP, the breach was not material given the chronology and absence of new issues or prejudice. Written and oral representations were repetitive of matters already ventilated at inquiry. No actual or apparent bias was established, and procedural fairness was not compromised. The appeal was dismissed.

Court Disposition

Appeal dismissed