Port Regis School Ltd., R (on the application of) v Gillingham and Shaftesbury Agricultural Society

Port Regis School Ltd., R (on the application of) v Gillingham and Shaftesbury Agricultural Society

Membership of the general body of freemasonry by councillors, without more, does not give rise to apparent bias in local government decision-making, even where a masonic lodge has an interest in the outcome. The autonomy of lodges, the requirements of the Code of Conduct, and the principles of freemasonry itself require impartiality and adherence to the law. A fair minded and informed observer would not conclude that there was a real possibility of bias in the circumstances of this case.

Parties
Claimant: Port Regis School Limited; Defendant: North Dorset District Council; Interested Party: The Trustees of the Gillingham and Shaftesbury Agricultural Society
Jurisdiction
England and Wales
Judgment Date
05 April 2006
Procedural Posture
Judicial Review / Judgment
Outcome
Application for judicial review dismissed
Legal Topics
Apparent Bias, Planning Permission, Freemasonry and Public Decision Making, Disclosure of Interests
Administrative Law Local Government Law Apparent Bias Planning Permission Freemasonry and Public Decision Making Disclosure of Interests

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Parties

Port Regis School Limited

Claimant

North Dorset District Council

Defendant

The Trustees of the Gillingham and Shaftesbury Agricultural Society

Interested Party

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether membership of freemasonry by councillors involved in a planning decision gives rise to apparent bias
  2. 2 Whether failure to declare such membership as a prejudicial interest renders the decision unlawful

Ratio Decidendi

Membership of the general body of freemasonry by councillors, without more, does not give rise to apparent bias in local government decision-making, even where a masonic lodge has an interest in the outcome. The autonomy of lodges, the requirements of the Code of Conduct, and the principles of freemasonry itself require impartiality and adherence to the law. A fair minded and informed observer would not conclude that there was a real possibility of bias in the circumstances of this case.

Court Disposition

Application for judicial review dismissed