Apparent Bias and Planning Committee decisions (R (Webb) v London Borough of Bromley)

Article summary

Local Government analysis: The King’s College NHS Foundation Trust (the Trust) sought permission from the local planning authority (‘Bromley’) for the construction of a new endoscopy unit at the Princess Royal University Hospital. The Bromley planning committee granted the application by a majority of one, against the recommendation of the officer. The claimant, a local resident, sought judicial review of that decision. At an oral renewal hearing permission was granted to bring the claim on one of six grounds, namely the decision was tainted by apparent bias arising from the fact that one member of the committee who had voted in favour (Councillor McPartlan) was also a governor of the Trust. At the substantive hearing, the claimant also relied on Councillor McPartlan’s position as trustee of a small charity ‘Billie’s Fund’ set up following his wife’s diagnosis with leukemia to support various healthcare related causes. Councillor McPartlan had complied with the local ‘Code of Conduct for Councillors’ adopted...