McDonald v Decision of the Scottish Ministers [2008] ScotCS CSOH_6 (16 January 2008)

McDonald v Decision of the Scottish Ministers [2008] ScotCS CSOH_6 (16 January 2008)

The Scottish Ministers were not directly involved as a party to the planning application, their interest was peripheral, and the reporter was sufficiently independent. The Grant Funding Agreement did not relate to planning permission approvals. The availability of judicial review ensures compliance with Article 6(1) ECHR. The fair-minded and informed observer would not conclude there was a real possibility of bias.

Citation
[2008] ScotCS CSOH_6
Parties
Applicant: James McDonald; First Respondents: Scottish Ministers; Second Respondents: Sanctuary Scotland Housing Association
Jurisdiction
Scotland
Judgment Date
16 January 2008
Procedural Posture
Application for Judicial Review Under Town and Country Planning (scotland) Act 1997, Sections 237 and 239 / Final Judgment
Outcome
Application refused
Legal Topics
Bias in Administrative Decision Making, Planning Permission Appeals, Article 6 ECHR Right to Fair Hearing
Administrative Law Planning Law Human Rights Law Bias in Administrative Decision Making Planning Permission Appeals Article 6 ECHR Right to Fair Hearing

Case Brief

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Parties

James McDonald

Applicant

Scottish Ministers

First Respondents

Sanctuary Scotland Housing Association

Second Respondents

Procedural Posture

Application for Judicial Review Under Town and Country Planning (scotland) Act 1997, Sections 237 and 239 / Final Judgment

Legal Issues

  1. 1 Whether the Scottish Ministers were prohibited from considering the planning appeal due to alleged bias or being a party to the application
  2. 2 Whether the reporter appointed to determine the appeal was sufficiently independent and impartial
  3. 3 Whether the applicant's right to a fair hearing under Article 6(1) ECHR was breached

Ratio Decidendi

The Scottish Ministers were not directly involved as a party to the planning application, their interest was peripheral, and the reporter was sufficiently independent. The Grant Funding Agreement did not relate to planning permission approvals. The availability of judicial review ensures compliance with Article 6(1) ECHR. The fair-minded and informed observer would not conclude there was a real possibility of bias.

Court Disposition

Application refused

Orders

  • Pleas-in-law for first and second respondents sustained
  • Application dismissed