Scope of bias and pre-determination in planning cases Bias and pre-determination can be an issue in planning cases where a planning decision-maker, including a local planning authority (LPA) or planning inspector/Secretary of State, is determining a planning application or appeal. Bias arises where a planning officer and/or councillor and/or inspector and/or the Secretary of State (the decision-maker) forms or shows bias against or in favour of a person, company or group, or a particular development. Pre-determination is where the decision-maker approaches a decision with a ‘closed mind’. Planning decision-makers are under a duty to act fairly. Clearly, where a decision-maker is biased or has pre-determined a decision, they will not be acting fairly. The decision will be unlawful and liable to be quashed if challenged by way of judicial or statutory review. Where the impugned decision is that of the Secretary of State or an inspector acting on the Secretary of State’s behalf, the challenge may, in particular, proceed by way of statutory review under section 288 of the Town and Country Planning Act 1990 (TCPA