Planning applications have to be decided in line with the relevant local planning authority’s (LPA) development plan – unless there is a very good reason not to do so. This content is no longer in use on Lexis, Bias and pre-determination in planning cases, Environmental impact assessment, strategic environmental assessment and appropriate assessment, Freedom of information and environmental information, Obtaining, amending and implementing planning permission, Planning conditions, obligations and the community infrastructure levy, Planning for nationally significant infrastructure, Planning issues in property and insolvency, Approach to need for out-of-town retail development different in Wales than England (Waterstone v Welsh Ministers), Court upholds three-year housing supply rule for neighbourhood plans (Richborough Estates), Planning ahead—rolling out the Housing and Planning Act 2016, Secretary of State has no duty to give reasons for not calling in planning application (Save Britain’s Heritage v SCLG), International Sales(Includes Middle East), Protecting human rights: Our Modern Slavery Act Statement, Copyright © 2021 Normalcy bias, or normality bias, is a cognitive bias which leads people to disbelieve or minimize threat warnings. The Council had incorrectly concluded that there would be no harm to heritage assets. National Planning Policy Framework states that enforcement can be important for maintaining public confidence in the planning system, but enforcement action is discretionary and must be proportionate.2 The Planning Practice Guidance (PPG) on effective enforcement published by the Ministry of Housing, Communities and Local Government (MHCLG) Using the case studies, McCormack recommends awareness raising as a start to combating unconscious bias. A JUDGE has exonerated high-ranking local figures, including the Thames Valley police and crime commissioner, in a lawsuit concerning Newbury Showground. **Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. However, there should not be participation in the relevant meeting or decision if his/her private interest is engaged. [2] For example, if: (1) the decision-maker (or a member of the decision-making body) has a direct financial interest in the decision; and (2) the decision is proven to have been influenced by this. Office-holders have various duties and powers in order to ensure that they do this. This is the case even if the interest in the matter does not arise via a link with the applicant for permission and/or if there is no legally-binding agreement with the applicant. Bias, whatever its origins, does not have to result in discrimination. While there should not have been automatic disqualification and no direct pecuniary interest existed, Councillor Macdonald’s participation gave cause for concern. In a letter to the Penn State community, President Eric Barron outlined his plan to advance the work of the Select Penn State Presidential Commission on Racism, Bias, and Community Safety as part of ongoing efforts to create a more diverse and welcoming University community. Unconscious bias training recently became mandatory for every police officer in Minnesota to take in order to maintain their peace officers license PoliceOne Editorial Advisory Board Member Booker Hodges presented a session on Unconscious Bias Training for Law Enforcement at the 125th International Association of Chiefs of Police Annual Conference in Orlando, Florida. Mr Justice Cranston rejected the last three grounds of challenge submitted by Kelton, finding: However, due to SHA’s previous and likely future involvement in the Warminster scheme, Councillor Macdonald’s private interests as a director meant there was apparent bias. If you disable this cookie, we will not be able to save your preferences. Similarly, there was no pecuniary interest in the matter that was disclosable under the Localism Act 2011. The rules of natural justice are well-known and accepted, so that decisions where there has been actual bias [2] by the decision-maker are not traditionally enforceable. While almost 70% of departments said they had implemented unconscious bias training for their officers, most did not have an evaluation process in place to know whether it was effective, and anecdotes from police officers suggested that the training is of a low quality and not reinforced. As a director of SHA, Councillor Macdonald received £3,000 per annum. the Council had sufficient objective information to reach its conclusion that there was no likely significant effect on the conservation area; the screening opinion was not flawed; and. SHA, with Councillor Macdonald as a director, was not just an affordable housing provider – in fact it: Due to the previous involvement and prospects of future involvement in the scheme, Councillor Macdonald’s private interests came to the fore. The decision should not therefore lead to a proliferation of apparent bias claims simply in instances where the relevant party is only loosely connected to the relevant cause. GUIDANCE NOTE ON BIAS AND PREDETERMINATION IN THE PLANNING PROCESS What is Bias and Predetermination? To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial. This is not to be confused with predisposition where a member or councillor holds a view in favour of or against an issue - a planning application, for example - but has an open mind to the merits of an argument before making the final decision at the council meeting. The court felt SHA would not have become so involved unless: The judge felt it would have taken something unforeseen to prevent SHA being appointed to deliver the affordable housing part of the scheme in due course. Clearly, where a decision-maker is biased or has pre-determined a decision, they will not be acting fairly. The reasonable and fair-minded observer, having the background facts, would have been aware that [SHA] had committed time, resources and expertise…to working with HAB/HPH over the design of the affordable housing part of the scheme”. This means that every time you visit this website you will need to enable or disable cookies again.