Gardner, R (on the application of) v Harrogate Boroug Council & Ors

Gardner, R (on the application of) v Harrogate Boroug Council & Ors

The cumulative effect of the relationship between Councillor Simms and Mrs Atkinson, the concerns expressed by councillors and the public, and the decisive casting vote contrary to strong officer recommendations, would lead a fair-minded and informed observer to conclude there was a real possibility of bias. The planning permission was therefore vitiated by apparent bias and must be quashed to maintain the integrity of the planning system.

Parties
Claimant: Michael Gardner; Defendant: Harrogate Borough Council; Interested Parties: Mr and Mrs Atkinson
Jurisdiction
England and Wales
Judgment Date
19 November 2008
Procedural Posture
Judicial Review / Judgment
Outcome
Application for judicial review allowed; planning permission quashed.
Legal Topics
Apparent Bias, Procedural Impropriety, Local Government, Planning Permission, Judicial Review
Administrative Law Planning Law Apparent Bias Procedural Impropriety Local Government Planning Permission Judicial Review

Case Brief

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Parties

Michael Gardner

Claimant

Harrogate Borough Council

Defendant

Mr and Mrs Atkinson

Interested Parties

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the grant of planning permission was vitiated by apparent bias on the part of the Committee Chair
  2. 2 Whether the planning permission should be quashed due to procedural impropriety

Ratio Decidendi

The cumulative effect of the relationship between Councillor Simms and Mrs Atkinson, the concerns expressed by councillors and the public, and the decisive casting vote contrary to strong officer recommendations, would lead a fair-minded and informed observer to conclude there was a real possibility of bias. The planning permission was therefore vitiated by apparent bias and must be quashed to maintain the integrity of the planning system.

Court Disposition

Application for judicial review allowed; planning permission quashed.

Orders

  • The outline planning permission dated 22 November 2005 is quashed.
  • Interested parties to pay claimant's costs after the date permission for judicial review was granted.