Governance and Procedural Fairness
Planning decisions are governed not only by policy, but by principles of procedural fairness. These principles exist to ensure that decisions are made lawfully, transparently, and on a proper evidential basis.
What procedural fairness means
Procedural fairness refers to the requirement that a decision is made through a fair and lawful process. It is concerned with how a decision is reached, rather than whether the outcome is popular or controversial.
In planning, procedural fairness helps ensure that decisions are based on relevant considerations, supported by evidence, and reached through a transparent process.
Why fairness is about process, not outcome
A common misconception is that fairness is judged by whether a decision feels reasonable or balanced. In law, fairness is primarily concerned with whether the correct process was followed.
Two people may disagree strongly about the outcome of a planning decision. That disagreement does not, by itself, indicate unfairness. What matters is whether the decision-maker followed the required procedural steps and relied on appropriate material.
This is why procedurally flawed decisions can be challenged even where the outcome might otherwise appear acceptable.
The link between governance and fairness
Governance provides the framework through which procedural fairness is delivered. Clear roles, structured reporting, and documented reasoning all contribute to a fair decision process.
Where governance breaks down, procedural fairness is often the first casualty. Decisions may still be taken, but the integrity of the process becomes harder to defend.
Common sources of procedural unfairness
Procedural unfairness does not usually arise from deliberate misconduct. More often, it emerges from weaknesses in process, such as:
- failure to clearly identify decision-critical issues,
- reliance on assumptions rather than evidence,
- material information not being presented to decision-makers,
- unclear or incomplete reasoning in decision records, or
- deferring matters that should have been resolved at the decision stage.
These issues relate to governance quality rather than intent.
Why fairness protects decision-makers
Procedural fairness is not an obstacle to decision-making. It protects decision-makers by ensuring that decisions are reached on a defensible basis.
Where a decision is procedurally fair, it is more likely to withstand scrutiny, even in the face of disagreement or challenge. Clear reasoning and proper evidential handling reduce uncertainty and exposure.
Fairness and public confidence
Transparent and fair processes help maintain public confidence in planning decisions. People may disagree with outcomes, but confidence is strengthened when the process is understandable and principled.
Conversely, where processes appear opaque or inconsistent, trust erodes even if outcomes are defensible on their merits.