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Note Of Decision Web Version

Concerning an alleged contravention of The Councillors' Code of Conduct by Councillor Alfred Hannay of Dumfries and Galloway Council

1. Complaint number LA/DG/89 alleged a contravention of the Councillors' Code of Conduct ("the Code") by Councillor Alfred Hannay ("the respondent"). He serves on the Council's Area Regulatory Committee for Nithsdale which deals with local planning matters and other regulatory functions, and is also a member of Irvine Housing Association on which he serves in his own right and not as a nominee of the Council.

2. It was alleged that the respondent had contravened the Code, in particular, section 7 relating to conduct dealing with planning applications. The complainant alleged that Councillor Hannay had lobbied other councillors in an attempt to secure their support for a planning application from Irvine Housing Association. The complainant had been an objector to the application.

3. Councillor Hannay denied lobbying other councillors and stated that he had been approached by Councillor Ian Callander for information on the background to the application. He reminded Councillor Callander that he was a member of Irvine Housing Association and informed him that the Association had submitted the application at the request of the tenants of the area.

4. When the application came up for consideration at the Nithsdale Area Regulatory Committee meeting on 16 June 2004 and, later, at the Planning and Environment Committee meeting on 14 September 2004 Councillor Hannay declared an interest on both occasions and left the meting.

5. Councillor Callander confirmed that it was he who had approached Councillor Hannay for background information on the application and that Councillor Hannay advised him that he could not add anything to what was in the planning report on the application. He confirmed that Councillor Hannay had not attempted to canvas his support for the application.

6. Councillor Hannay has recorded his membership of Irvine Housing Association as a non-financial interest in the Council's Register of Interests. By declaring his interest and withdrawing from the meeting of Nithsdale Area Regulatory Committee on 16 June 2004 and from the meeting of the Planning and Environment Committee on 14 September 2004 Councillor Hannay acted wholly in accordance with the requirements of the Councillors' Code of Conduct. In addition Councillor Callander has confirmed that Councillor Hannay did not lobby him to secure his support for the planning application.

7. Having considered the information arising from my investigation, I concluded that Councillor Alfred Hannay had not contravened the Councillors' Code of Conduct.

D Stuart Allan,
Chief Investigating Officer.
Forsyth House
Innova Campus
Rosyth Europarc
Rosyth
Fife
KY11 2UU
29 December 2004