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Note Of Decision Web Version

Complaint no. LA/Fi/207 concerning an alleged contravention of the Councillors' Code of Conduct by Councillor Margaret Taylor of Fife Council

1. Complaint number LA/Fi/207 alleged a contravention of the Councillors' Code of Conduct ("the Code") by Councillor Margaret Taylor ("the respondent").

2. It was alleged that the respondent had contravened the Code, in particular, section 2 on Duty, Selflessness, Accountability and Stewardship, Openness and Honesty, paragraph 3.3 Relationship with Council Employees, section 5 Declaration of Interests, section 6 Lobbying and Access to Councillors, section 7 all paragraphs relating to Taking Decisions on Individual Applications, except paragraphs 7.1, 7.4 and 7.6 and Annex C paragraph 6 on Office Bearers.

3. The persons complaining ("the complainants") alleged that the respondent had an inappropriate involvement in a planning application which the complainants had submitted to Fife Council. The complainants also alleged that the respondent had a close friendship with their immediate neighbours (who had objected to the planning application) and that she failed to declare an interest arising from that friendship; that she influenced the actions of building control officers and planning enforcement officers and that she supported a letter circulated by neighbours encouraging opposition to the application.

4. The respondent's conduct related directly to her involvement in the planning application and was readily capable of assessment in relation to section 7 of the Code. In alleging that the respondent had breached several other sections of the Code the complainants made no attempt to demonstrate how the respondent's conduct was also relevant to these other sections. The blanket form in which these wider allegations were made precluded a detailed analysis and assessment.

5. The respondent's initial involvement in the planning application was when she requested the Planning Committee to undertake a site visit. Following concerns expressed to her by neighbours of the complainants the respondent contacted the Building Control department to ascertain the position. In view of neighbours' misgivings about how the building was being constructed the respondent met with them to hear their concerns. Her final substantive involvement was when she proposed a successful motion at a meeting of the Planning Committee to have an enforcement notice served on the complainants after the Committee had considered a report from the Head of Development Services explaining how certain aspects of the building differed from the approved plan.

6. Consideration of the information obtained regarding the processing of the planning application indicated that the respondent had no interests which she required to declare. I found that the manner in which she was involved at various stages in the application process was a legitimate discharge of her duties as the local councillor for the area and that much of her involvement was in response to concerns raised by constituents about the construction of the building. I also found that when the application came before the Planning Committee the respondent was entitled to express a view and vote on the application according to her personal opinion.

7. Having considered all information, I concluded that, Councillor Margaret Taylor had not contravened the Councillors' Code of Conduct.

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