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Note Of Decision Web Version

Complaint no. LA/ED/121 concerning an alleged contravention of the Councillors' Code of Conduct by Councillor Charles Kennedy of East Dunbartonshire Council

1. Complaint number LA/ED/121 alleged a contravention of the Councillors' Code of Conduct ("the Code") by Councillor Charles Kennedy ("the respondent").

2. It was alleged that the respondent had contravened the Code, in particular, section 7 which deals with Taking Decisions on Individual Applications and paragraphs 7.2 to 7.11 which are headed Dealing with Planning Applications.

3. The persons complaining ("the complainants") allege that the respondent had never given any support to their tourism project and that he had intervened on planning issues and decisions. Further, it was alleged in this regard that his actions had been a deliberate delaying plan to try to stop their tourism project.

4. In his written response to this complaint, the respondent stated that he had always tried to work fairly for all constituents, and always within the rules. He stated that he had dealt with this matter correctly and in a manner which he felt was the proper way to proceed. He added that the development had been the subject of quite serious dispute between the complainants and some of their neighbours and had involved serious disagreements between the complainants and the local Angling Club. He observed that 'in such a black and white situation it is not possible to agree with all parties and I'm required to work as best I can for all involved'. In order to establish the background to this complaint, the various reports and minutes of the meetings of the Planning Board of East Dunbartonshire Council at which this application was considered were examined. This was done against the background of the terms of section 7 of the code and no evidence was found of a contravention of that section by the respondent.

5. It was clear that the planning history relating to this site which is owned by the complainants is a lengthy and complicated one and given the significance of the complainants' interest in the matter it is perhaps understandable that they should have felt aggrieved, if they believed rightly or wrongly that their efforts had been thwarted. It does not follow, however, that there must have been a contravention of the Code simply because the respondent declined fully to support the complainants' case. Indeed as stated above, no evidence whatsoever was found of such contravention and it appeared that the respondent had acted properly in his dealings with this planning application.

6. Having considered all information that arose from my investigation, I concluded that Councillor Charles Kennedy had not contravened the Councillors' Code of Conduct.

D Stuart Allan,
Chief Investigating Officer.
Forsyth House
Innova Campus
Rosyth Europarc
Rosyth
Fife
KY11 2UU
22 February 2005