Gardner, R (on the application of) v Harrogate Boroug Council & Ors [2008] EWHC 2942 (Admin) (19 November 2008)

Gardner, R (on the application of) v Harrogate Boroug Council & Ors [2008] EWHC 2942 (Admin) (19 November 2008)

The cumulative circumstances, including the relationship between Councillor Simms and Mrs Atkinson, the casting vote contrary to strong officer recommendations, and the Council's own acceptance of procedural impropriety, led a fair-minded and informed observer to conclude there was a real possibility of bias. The...

Source-derived case information.

Citation
[2008] EWHC 2942 (Admin)
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 / Final Judgment
Outcome
Application for judicial review succeeds; planning permission quashed.
Legal Topics
Apparent Bias, Procedural Impropriety, Quashing Planning Permission, Local Government Conduct
Administrative Law Planning Law Apparent Bias Procedural Impropriety Quashing Planning Permission Local Government Conduct

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Summary, issues, holding and outcome

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Parties

Michael Gardner

Claimant

Harrogate Borough Council

Defendant

Mr and Mrs Atkinson

Interested Parties

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

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

Ratio Decidendi

The cumulative circumstances, including the relationship between Councillor Simms and Mrs Atkinson, the casting vote contrary to strong officer recommendations, and the Council's own acceptance of procedural impropriety, led a fair-minded and informed observer to conclude there was a real possibility of bias. The planning permission was improperly granted and must be quashed to maintain the integrity of the planning system.

Court Disposition

Application for judicial review succeeds; planning permission quashed.

Orders

  • Outline planning permission dated 22 November 2005 is quashed.
  • Interested parties to pay claimant's costs after the date permission was granted by Mr Bartlett QC.