Judicial Review

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.