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Note Of Decision Web Version

Complaint no. LA/Fi/153 Concerning an alleged contravention of the Councillors' Code of Conduct by Councillor William Leggatt of Fife Council

1. Complaint number LA/Fi/153 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 7.3, 7.10 and 7.11 relating to Taking Decisions on Individual Applications.

3. The person complaining ("the complainant") alleged that the respondent spoke in favour and voted in support of a planning application submitted by a person who was a friend. By implication the complainant alleged that the respondent should have declared an interest and taken no part in the consideration of the application.

4. The issue for determination was whether the respondent's relationship with the applicant constituted a personal interest which he should have declared when the application came before the Central Area Development Committee.

5. The respondent himself stated that he did not regard his relationship with the applicant as friendship as he had only met him on official occasions and never privately. He had supported his application because he disagreed with the Planning Officer's reasons for recommending its refusal. The applicant said that he did not regard the respondent as a friend and that he only knew him in his professional capacity as his local Councillor.

6. In response to a request for evidence that there was a friendship between the respondent and the applicant the complainant stated that their friendship was known about in the local area and that, when he had seen them together, their body language indicated that they were more than just acquaintances.

7. I did not consider that the complainant had produced persuasive evidence of a friendship between the respondent and the applicant nor did I find, elsewhere, any evidence of a personal interest which the respondent should have declared or of any improper conduct by the respondent.

8. Having considered the information arising from my investigation, 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
10 June 2005