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Complaint no. LA/Fi/127 concerning an alleged contravention of The Councillors' Code of Conduct by Councillor William Leggatt of Fife Council

1. Complaint number LA/Fi/127 alleged a contravention of the Councillors' Code of Conduct ("the Code") by Councillor William Leggatt ("the respondent").

2. It was alleged that the respondent had contravened the Code, in particular, paragraphs 7.9 and 7.10 relating to planning applications.

3. The person complaining ("the complainant") alleged that the respondent, who is a member of the Planning Committee, had stated publicly that his attitude to a particular planning application had been determined by the views expressed at a meeting of Burntisland Tenants' and Residents' Association.

4. Paragraph 7.9 of the Code states that a member who wishes to advocate openly a particular course of action in relation to a planning application, prior to the meeting at which the application is considered, must declare an interest and not take part in any consideration of the application and must leave the meeting room until consideration of the matter is concluded.

5. Paragraph 7.10 of the Code states that a member who proposes to take part in the consideration of a planning application must not make public comments about a pending application and must not indicate or imply support or opposition to a proposal, or declare their voting intention, prior to the meeting.

6. It follows that, for the complaint to have any validity, there has to be evidence that the respondent openly advocated a particular course of action, or publicly expressed a view on the application, prior to it being considered by the Planning Committee.

7. The application came before the Planning Committee on 21 September 2004. It was recommended for approval by the Planning Department and was approved without discussion or a division. The respondent was present at the meeting; he remained in the meeting room and did not declare an interest in the application.

8. The complainant provided no evidence that the respondent had expressed a view on the application, in public, prior to it being considered by the Planning Committee. Inquiries established that the respondent had said, in an interview with a local newspaper, that his attitude to the application had been changed by the views expressed at a meeting of Burntisland Tenants' and Residents' Association. The interview was carried in an article carried by the newspaper. However, the interview had taken place after the meeting of the Planning Committee at which the planning application had been considered and the newspaper article had been published three days later.

9. Having found no evidence that the respondent had advocated a particular course of action or made any public statement prior to the meeting of the Planning Committee, I concluded that Councillor William Leggatt had not contravened the Councillors' Code of Conduct.

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