planning officer bias

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planning officer bias

A personal action-planning process creates a customized road map for participants to address unconscious bias and gain traction for creating sustainable practices. 1rwhv 0hpehuv ,qwhuhvwv %ldv dqg 3uh ghwhuplqdwlrq uhodwlqj wr 3odqqlqj 0dwwhuv )dlu dqg 8qeldvhg 'hflvlrq 0dnlqj 0hpehuv vkrxog frqvlghu doo 3odqqlqj 0dwwhuv rq wkhlu lqglylgxdo phulwv In broad terms, the Court held that the Tribunal comprehensively assessed the issue of apprehended bias in its consideration of the following two questions: “whether the discussions at the pre-application meetings give rise to a reasonable apprehension of bias” and “whether the Council officer’s recommendation to approve the application gives rise to a reasonable apprehension of bias”. Intellectual Property, Trade Marks & Designs. It was his vote that carried the decision in favour of outline permission being granted, but bias was alleged (as explained further below). This website uses cookies to ensure the best possible user experience. LexisNexis, Scope of bias and pre-determination in planning cases, in subsequent case law on bias and pre-determination, Localism Act 2011 and bias and pre-determination, Interplay between the functions and responsibilities of planning inspectors and and bias and pre-determination. The court heard the planning officer was married to a manager with Bloor. In the High Court judgement Judge Jarman concluded that “there was a real possibility of apparent bias … For Committee decisions, a planning officer, often referred to as the case officer, will prepare a formal report on the proposal recommending whether or not permission should be granted. This website uses tools that involve analytical cookies which collect anonymous data to help us improve our site and to ensure that we can offer the best experience to its users. Force field bias: Think, feel, and act in ways that reduce a perceived threat, anxiety or fear. It involves situations where there is simply a concern of bias within the decision-making process towards one of the parties, rather than definitive proof. Planning decision-makers are under a duty to act fairly. You can change the way cookies are used through your internet browser settings but can also update your preferences through settings. The strength of this appearance alone led to the finding of apparent bias, so committee’s decision was flawed. In addition, SHA had been the only local, affordable housing provider to publicly support the scheme in front of the planning committee. Similarly, there was no pecuniary interest in the matter that was disclosable under the Localism Act 2011. Kelton challenged the Council’s decision on four grounds: In relation to Ground 1, bias was alleged on the basis that: In response, the Council argued that the planning committee had been aware of the potential for bias and Councillor Macdonald had declared his role on the SHA board. 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. If you disable this cookie, we will not be able to save your preferences. 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 How to Mitigate Bias in Succession Planning In 2019, over half of heads of D&I identified influencing succession planning efforts as a top priority in 2019. The Claimant, Kelton, w… Flood Re: will changes to the flood insurance market pour cold water on the commercial property sector? Any assessment for possible bias will therefore be on a case-by-case, fact-specific basis. But UCLA would like to track how it travels. To effectively mitigate bias, HR leaders should introduce tactical interventions or “nudges” into their existing succession management processes to increase visibility of diverse talent and enable objective decision making. See Practice Note: Determining planning applications—procedure. The outline permission gave rise to apparent bias. Planning decision-makers are under a duty to act fairly. You can disable the placement of these cookies at any time by using the toggle below. We will only place cookies without your explicit consent where they are strictly necessary. Using the case studies, McCormack recommends awareness raising as a start to combating unconscious bias. The videos are intended for public use. Business Advisory and Virtual CFO services in Adelaide, Australia. However, apparent bias is a more difficult concept. This financial interest meant he should have been automatically disqualified. In particular, there had been a public statement made regarding SHA’s strong position as part of any tender to deliver the affordable housing. Predetermination is a more accurate term than ‘bias’, to describe a state of mind which is capable of breaching both the law and the Code. Duty to developer (planning) to disclose the facts – Council “nursing a lie”. Take a free trial, The primary function of office-holders in personal and corporate insolvency is to collect in the assets belonging to a company or individual and to distribute these to the company's or individual's creditors. However, insights from training often fail to “stick” and sustain behavior change. Involvement as a housing association director will not always be an ‘issue’ in most applications before a planning committee. Call Today to find out more about how BIAS can assist. Cllr Butler is married to Cllr Paul Scott, who is the chair of Croydon's planning committee. Complete all the fields above to proceed to the next step. Contact: 01635 886633. Whatever the intentions behind the behaviour of the parties involved, the appearance created was that SHA, HPH and HAB had been working together closely and had shared interests. Take a free trial We would like to show you a description here but the site won’t allow us. There should have been disclosure of the Councillor’s pecuniary interest in the planning permission being obtained, as per the requirements under the Localism Act 2011. The scheme was promoted by the applicants, HPH Ltd and HAB Housing. GUIDANCE NOTE ON BIAS AND PREDETERMINATION IN THE PLANNING PROCESS What is Bias and Predetermination? The Claimant, Kelton, was a riparian owner, living approximately 700 metres downstream from the proposed development. Trial includes one question to LexisAsk during the length of the trial. Clearly, where a decision-maker is biased or has pre-determined a decision, they will not be acting fairly. Many HR leaders have taken steps to address this problem through unconscious bias training. It is useless to accuse a public officer of bias merely because he is predisposed in favor of some policy in the public interest. 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. A Councillor can hold a general interest in a matter or decision before him/her. However, the decision-making process must always be assessed from the perspective of a fair-minded and informed observer in the outside world. 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. In most instances, apparent bias is still more likely to be found where the relevant party is either the planning applicant or bound by legal agreement to the applicant. The police chief on the Hawaiian island of Kauai mocked people of Asian descent and in one case “squinted his eyes” and bowed his head while mimicking someone with a Japanese accent, a discrimination investigation found. As a director of SHA, Councillor Macdonald received £3,000 per annum. The planning system works best when officers and councillors involved in planning understand their roles and responsibilities, and the context and constraints in which they operate. Normalcy bias, or normality bias, is a cognitive bias which leads people to disbelieve or minimize threat warnings. Bias arises where a planning officer and/or councillor and/or inspector (the decision-maker) forms or shows bias against or in favour of a person, company or group, or a particular site or locality. That Councillor Magnus Macdonald, a member of the Council’s planning committee, should not have participated in the decision-making due to his role as a director of SHA. To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial. Nearly half rated the likelihood of using all five bias- 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”. The act may be described as involuntary, but will not be regarded as such. In doing this, decision makers need an ethos of decision-making in the wider public interest on what can be A JUDGE has exonerated high-ranking local figures, including the Thames Valley police and crime commissioner, in a lawsuit concerning Newbury Showground. These cookies are enabled at all times and are placed on your browser only in order to protect the integrity of our site and to ensure that we can remember your cookie preference settings the next time you visit. In applying the test for apparent bias, the court will consider the background facts and circumstances of the case from the perspective of an informed, fair-minded observer. The law on bias and predetermination (which is a particular form of bias) … Existing user? had attended the planning committee meeting when the application was considered. Annual, mandatory implicit bias mitigation training sessions: All our application screeners and admissions committee members participate in 45-minute moderated discussions of implicit bias vignettes and evidenced-based strategies to reduce bias. Bias on Account of Obstinacy [2] Learn how to effectively combat bias in succession planning by implementing tactical interventions in key areas to increase visibility of diverse talent and enable objective decision making. there was a serious interest in delivering the affordable housing element of the scheme; and. Bias, whatever its origins, does not have to result in discrimination. BIAS offers a range of key services for business advisory, cash flow management, succession planning as well as a full financial control service. 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. Sign-in R. v Bassetlaw ex parte Oxby (Dec 1997) The High Court declared as illegal and void a grant of planning consent tainted by actual or apparent bias. We feel there is clear conflict of interest within the council's planning committee, and a bias towards their own developer While it was accepted that there had been no final decision made as to whether SHA would bid for the scheme, this was irrelevant. social problem and felt individually motivated to act without bias. Myopia bias: See and interpret the world through the narrow lens of your own experiences, baggage, beliefs and assumptions. The judge rejected the suggestion that Councillor Macdonald should have been automatically disqualified from involvement in the planning committee when the relevant decision was being made. On 21 January 2015, Wiltshire Council (the Council), as local planning authority, granted outline permission for a scheme of up to 35 custom-built residential dwellings, including nine affordable homes, on land near the River Wylye in Warminster. To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial. Council ordered to pay £48M damages + costs. The not-for-profit organisation, Selwood Housing Association (SHA), also featured in the case due to their interest in the affordable housing element of the development. ‘actual’ bias: this is where the decision-maker has a personal interest in the outcome of a case. Bias arises where a planning officer and/or councillor and/or inspector (the decision-maker) forms or shows bias against or in favour of a person, company or group, or a particular site or locality. 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. With LexisPSL, you can. 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. Implicit bias is the new catchphrase for what is wrong with the nation’s police officers and law enforcement in general. Please enable Strictly Necessary Cookies first so that we can save your preferences! The facts created the appearance that SHA and the applicants were working closely together. Mr Justice Cranston stressed that the specific circumstances of the case here were indicative. The scheme was promoted by the applicants, HPH Ltd and HAB Housing. Promotion And Succession Planning When it comes to promotion and succession planning, the influence of unconscious bias is evident when we look at … had expressed a clear interest in delivering it; had been mentioned by the applicants as their potential partner, particularly in the design documents forming part of the application; had written in support of the application to the planning committee; and. 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) Last year, CBS News published the results of a nationwide survey of more than 150 police departments. So, if you, or your school, organization, company, or club uses it for education purposes, please let them know at [email protected] (link sends e-mail). This means that every time you visit this website you will need to enable or disable cookies again. Maintaining fairness throughout is key if challenges are to be avoided. Kelton v Wiltshire Council is an important reminder that decision-making in the planning world must be seen to be fair, impartial and open when considered from the perspective of an external observer. He also suggests labelling the types of bias likely to occur and creating structures or processes to slow down quick assessments and facilitate considered decision-making. It is through the practice of the new skills developed during the program and their … The problem of bias arising from preconceived notions may have to be disposed of as an inherent limitation of the administrative process. The High Court has held in R (on the application of Piffs Elm Ltd) v Tewkesbury Council that a series of planning decisions were tainted by apparent bias where the case officer’s husband worked for a rival developer due to the potential impact of the Claimant’s proposals on land being promoted by the rival developer nearby. [4] Kelton para. For more information about cookies and the types of cookies we use please read our Privacy & Cookies Notice. The IACP/UC Research Center partnered with the John F. Finn Institute for Public Safety to evaluate an implicit bias training for the New York City Police Department (NYPD). Brick by Brick is overseen by Cllr Alison Butler, Croydon Cabinet Member for Homes, Regeneration and Planning. 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. 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. Office-holders have various duties and powers in order to ensure that they do this. SHA was not the applicant for the planning permission and, at the time the decision was made, had no contract with the developers. We may terminate this trial at any time or decide not to give a trial, for any reason. On 21 January 2015, Wiltshire Council (the Council), as local planning authority, granted outline permission for a scheme of up to 35 custom-built residential dwellings, including nine affordable homes, on land near the River Wylye in Warminster. Where a decision is clearly in a Councillor’s interest, apparent bias can be found. Bias or the appearance of bias can be the basis of a legal challenge to the grant of planning permission, by way of an application to the High Court for judicial review, but this procedure is extremely expensive and the chances of succeeding (particularly in relation to alleged bias) are very slim indeed. Planning fallacy: Underestimate the time and costs needed to complete a task. This doctrine is of relevance when determining whether the courts of England and Wales have jurisdiction to hear a dispute and is applied, Definition of automatismAn act is done in a state of automatism if it is done by the body without control by the mind, (eg it is a spasm or a reflex), or if it is done by a person who is not conscious of what they are doing. For, This Practice Note provides guidance on claims for ‘use and occupation’ or mesne profits, and how and when double rent or double value can be claimed.Claims for use and occupationA claim for use and occupation is possible where there is occupation of land without an express agreement fixing the, This Practice Note considers the doctrine of forum non conveniens, also referred to as the appropriate forum or the proper place for a dispute to be determined.

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