Two councillors who are freemasons have been cleared of apparent bias in granting planning consent for a freemason-backed scheme in North Dorset showground.
The High Court has rejected claims that the two freemasons, one of whom chaired the planning committee, had been prejudiced in their decision to grant permission for the local agricultural show that was initially backed by a Masonic lodge in Gillingham.
The court said that the objector, local preparatory institute Port Regis School, had no basis to challenge the consent solely because of the councillors’ freemasonry membership.
Councillors Jones and Moyles, who are freemasons, sat on the committee that granted permission in, March 2004, to the Gillingham & Shaftesbury Agricultural Society to use agricultural land as a showground and to erect a pavilion.
Following the vote, Councillor Jones, the committee chairwoman, used her casting vote to push through the resolution.
The school objected on the ground that a business plan supporting the planning application stated that the agricultural society had held talks with the Gillingham Masonic lodge about providing a room in the pavilion for the lodge’s use.
The court heard that the lodge had initially also agreed to contribute part of the £350,000 required to fund the development.
However, Newman J said that the two councillors, although “governed by the various obligations dictated by freemasonry”, including the provision of support to other masons, were also required by law and by their freemasonry to adhere to the legal obligations imposed upon them by the Local Government Act 2000.
He said that, reading the oaths, declarations and rituals together and in context, the freemasonry society did not require members who sit in local government to be partial to any other freemason or to the interests of freemasonry.
“It would be unrealistic to believe that the firmly held suspicion, that being a member requires partiality to be shown to freemasons and to freemasonry, has been dispelled,” he said.
“But I have concluded that a fair-minded observer, informed of the facts in connection with freemasonry that have been placed before this court, would not conclude that there was a real possibility of apparent bias affecting the decision of the full council.”
R (on the application of Port Regis School Ltd) v North Dorset District Council Administrative Court (Newman J) 5 April 2006.
Hereward Phillpot (instructed by Wilsons, of Salisbury) appeared for the claimant; Peter Wadsley (instructed by Lester Aldridge, of Southampton) appeared for the defendants.
References: EGi Legal News 05/04/06
