National Assembly for Wales v Condron & Anor

National Assembly for Wales v Condron & Anor

The Court of Appeal held that, even accepting the Chair's remark was made, the fair-minded and informed observer, considering all the facts as now known, would not conclude there was a real possibility of bias. The decision-making process was lawful: buffer zone policy was properly understood and applied, the Assembly debate did not amount to a new material consideration requiring reconsideration, and post-inquiry submissions were adequately considered. The order quashing the planning permission was reversed.

Parties
Appellant: National Assembly for Wales; First Respondent: Elizabeth Condron; Second Respondent: Miller Argent (South Wales) Limited
Jurisdiction
England and Wales
Judgment Date
27 November 2006
Procedural Posture
Civil Appeal (judicial Review/statutory Challenge) / Court of Appeal Judgment on Appeal
Outcome
Appeal allowed; order quashing planning permission reversed; planning permission restored.
Legal Topics
Apparent Bias, Predetermination, Planning Permission, Buffer Zones, Material Considerations, Post Inquiry Submissions
Administrative Law Planning Law Judicial Review Apparent Bias Predetermination Planning Permission Buffer Zones Material Considerations +1 more

Case Brief

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Parties

National Assembly for Wales

Appellant

Elizabeth Condron

First Respondent

Miller Argent (South Wales) Limited

Second Respondent

Procedural Posture

Civil Appeal (judicial Review/statutory Challenge) / Court of Appeal Judgment on Appeal

Legal Issues

  1. 1 Whether the Planning Decision Committee's decision was vitiated by apparent bias due to a remark by its Chair
  2. 2 Whether the Assembly failed to properly interpret and apply policy on buffer zones
  3. 3 Whether the Assembly failed to consider new material considerations arising after the inquiry

Ratio Decidendi

The Court of Appeal held that, even accepting the Chair's remark was made, the fair-minded and informed observer, considering all the facts as now known, would not conclude there was a real possibility of bias. The decision-making process was lawful: buffer zone policy was properly understood and applied, the Assembly debate did not amount to a new material consideration requiring reconsideration, and post-inquiry submissions were adequately considered. The order quashing the planning permission was reversed.

Court Disposition

Appeal allowed; order quashing planning permission reversed; planning permission restored.

Orders

  • Order of Lindsay J quashing the Assembly’s grant of planning permission is set aside.
  • Planning permission for the Ffos-y-fran development is restored.