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Final Letter Web Version

Complaint no. LA/H/610 concerning an alleged contravention of the Councillors' Code of Conduct by Councillors Thomas Prag and Roy Pederson of Highland Council

1. Complaint number LA/H/610 alleged a contravention of the Councillors' Code of Conduct ("the Code") by Councillors Thomas Prag and Roy Pederson ("the respondents").

2. It was alleged that the respondents had contravened the Code, in particular, paragraph 7.2, paragraph 7.8 and paragraph 7.10 of the Code relating to Taking Decisions on Individual Applications.

3. The person complaining ("the complainant"), alleged that on 4 June 2007 the respondents attended a meeting of Inverness South Community Council at which they undertook to look into the background and concerns regarding the planning process in respect of a planning application by Highland Housing Fair and to report back to the Community Council. The complainant alleged that when the respondents reported back to the Community Council in a letter dated 12 June 2007 they breached the Code by indicating their support for the planning application.

4. The respondents refuted the allegation and pointed out that they had both been elected to Highland Council in May 2007 and that the determination of the planning application for Highland Housing Fair took place on 30 January 2007. Also I established that neither of the respondents is a member of either the local Planning and Review Committee or the full Planning, Environment and Development Committee of the Council. Finally I was satisfied that nothing in the respondents' letter of 12 June 2007, including the sentence, "the important thing is that Inverness South Community Council and others should now feel able to engage fully with the next stage of the planning process," contravened the paragraphs of the Code to which the complainant referred or indeed any other parts of the Code.

5. The whole thrust of section 7 of the Code emphasises the need to observe the rules of natural justice in relation to the consideration and determination of applications for statutory consents. It was clear in this case that the planning application for Highland Housing Fair had been determined before the respondents were elected to Highland Council.

6. Having considered the information that arose from my investigation, I concluded that Councillors Thomas Prag and Roy Pederson had not contravened the Councillors' Code of Conduct.

D Stuart Allan,
Chief Investigating Officer.
Forsyth House
Innova Campus
Rosyth Europarc
Rosyth
Fife
KY11 2UU
5 October 2007