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Note Of Decision Web Version

Complaint no. LA/Mi/151 concerning an alleged contravention of the Councillors' Code of Conduct by Councillors David Fletcher, Adam Montgomery, Keith McIntosh, Sheila Thacker and Russell Imrie of Midlothian Council

1. Complaint number LA/Mi/151 alleged a contravention of the Councillors' Code of Conduct ("the Code") by Councillors David Fletcher, Adam Montgomery, Keith McIntosh, Sheila Thacker and Russell Imrie ("the respondents").

2. It was alleged that the respondents had contravened the Code, in particular, paragraph 5.3 of the Code relating to the Declaration of Interests.

3. The person complaining ("the complainant") alleged that the respondents knew the applicant of a planning application that came up for consideration at meetings of the Planning Committee on 8 April 2004 and 16 December 2004 and that they should, therefore, have declared an interest in the application.

4. The applicant attended meetings of Penicuik and District Community Council in an official capacity. The respondents also attended the Community Council meetings on a frequent basis and, in this way, they came into contact with the applicant.

5. The respondents were adamant that this was the extent of their contact with the applicant and that they had no social or personal friendship with him.

6. The complainant was asked whether it was any part of his complaint that the respondents were close friends of the applicant. He produced no persuasive evidence to demonstrate that this was the case.

7. The Director of Strategic Services had recommended approval of the application. It was also relevant to consider that, had the respondents wished to show favour to the applicant, they could have achieved this more readily simply by leaving his application to be approved by officers under their delegated powers, rather than calling for a site visit and a decision by the Planning Committee.

8. Having considered the information that arose from my investigation I concluded that the respondents did not have an interest which they required to declare and that they had not contravened the Councillors' Code of Conduct.

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