PLANNING — Planning permission — Judicial review — Apparent bias or predetermination on part of planning authority in making decision — Whether decision to be quashed

R (Lewis) v Redcar and Cleveland Borough Council [2008] EWCA Civ 746; [2008] WLR (D) 216

CA: Pill, Rix and Longmore LJJ: 2 July 2008

Apparent bias or predetermination on the part of a planning authority did not render the grant of planning permission unlawful unless the authority had made its decision with a closed mind.

The Court of Appeal so held in a reserved judgment, allowing an appeal by Persimmon Homes Teeside Ltd, an interested party, from Jackson J, who had granted an application by the claimant, Kevin Paul Lewis, for judicial review by quashing a planning permission granted by the defendant, Redcar and Cleveland Borough Council.

PILL LJ said that it was for the court to assess whether the members of the planning authority had made the decision with closed minds or the circumstances had given rise to a real risk of such closed minds so that the decision ought not in the public interest to be upheld. The importance of appearances was generally more limited in that context than in a judicial context.

RIX and LONGMORE LJJ delivered concurring judgments.

Appearances: Richard Drabble QC and James Maurici (Ward Hadaway, Newcastle upon Tyne) for the interested party; Richard Clayton QC and Gordon Nardell (Irwin Mitchell) for the claimant; the defendant did not appear and was not represented.

Reported by: B O Agyeman, barrister