Former communities secretary Eric Pickles and former undersecretary Kris Hopkins have been accused of bias at the High Court, where it is alleged that they rejected a wind farm appeal after a private meeting with a local MP opposed to the scheme.
The case raises the question whether lobbying of a minister by a fellow MP can give rise to actual or apparent bias.
Broadview Energy says that a breach of natural justice occurred and the circumstances gave rise to actual or apparent bias when Hopkins, on behalf of Pickles, rejected its appeal in December, against the recommendation of a planning inspector.
Broadview alleges that Hopkins received correspondence from objectors without disclosing it and met Andrea Leadsom MP in private, where she expressed her opposition.
It says it has been prejudiced because it was not given the opportunity to respond to any points made, or given an equal opportunity to make its own submissions to the minister.
Broadview seeks an order quashing the decision to refuse its appeal in respect of its application for planning permission for a five-turbine windfarm at Spring Farm Ridge between Greatworth and Helmdon in Northamptonshire.
Lawyers representing the secretary of state say that no error of law was made, and that the extent of any meeting between Hopkins and Leadsom was one or more encounter within a common area of the House of Commons at which she took the unscheduled opportunity to discuss the proposal – a part of MPs going about their everyday business.
They say that Hopkins cannot even recall the conversation, that the contents of any correspondence was not relied upon in the decision, and that it would set unworkable restrictions on ministers if the rules of natural justice and bias required them to avoid any contact in common areas of parliament with a determined local MP in whose constituency an outstanding planning appeal is situated, and who wishes to speak about it.
Hopkins was appointed government whip, vice chamberlain of HM Household and Leadsom appointed minister of state at the Department of Energy and Climate Change following the election.
Cranston J is to reserve judgment in the case.
Broadview Energy Ltd v Secretary of State for Communities and Local Government Planning Court (Cranston J) 9 June 2015
Jeremy Pike for the claimant
Daniel Kolinsky QC for the first defendant
Andrew Tait QC for the third defendant
