10 July 2008
R (Lewis) v Persimmon Homes Teesside Ltd [2008] EWCA Civ 746, [2008] All ER (D) 11 (Jul)
Apparent bias or predetermination on the part of a planning authority does not render the grant of planning permission unlawful unless the authority made its decision with a closed mind.
It is for the court to assess whether or not committee members did make the decision with closed minds or that the circumstances give rise to such a real risk of closed minds that the decision ought not in the public interest be upheld. However, the importance of appearances is generally more limited in this context than in a judicial context.
