Information on Investigations

Which Sector? > Local Authorities > South Lanarkshire > LA/SL/421

Note of Decision Web Version

Complaint no. LA/SL/421 concerning an alleged contravention of the Councillors' Code of Conduct by Councillor Alan Dick MBE of South Lanarkshire Council

1. Complaint number LA/SL/421 alleged a contravention of the Councillors' Code of Conduct ("the Code") by Councillor Alan Dick MBE ("the respondent").

2. It was alleged that the respondent had breached the Code by contravening two separate parts of section 7 of the Code in relation to planning applications. In particular paragraphs 7.8 and 7.10.

3. The complaint arose from the events of a meeting of the East Kilbride Housing Forum of 15 February 2006, and the participation of the respondent there and his subsequent involvement at a special meeting of the Planning Committee of South Lanarkshire Council on 28 February 2006, convened to consider an application for planning permission in respect of new aero test bed facilities at the Langlands industrial area of East Kilbride.

4. The complainant alleged that the minute of the Forum Meeting disclosed that the respondent:-

"Openly canvassed for support for a planning application to be heard on the 28 February by Rolls-Royce for a test bed." and, "At the planning hearing...stated he had support from the above group for the application which contradicts the minutes of the meeting."

5. Clearly the events at the East Kilbride Forum meeting held on 15 February 2006 were critical in reaching a view on the complaint. Given the indicative status of the minute the evidence of those in attendance was pivotal. There was a clear consensus from those actually present that any reference to Rolls-Royce was raised from the floor of the meeting and did not focus significantly on the test bed planning application. The respondent did not initiate this discussion, did not refer to the planning application and did not canvass for support for the application. The respondent did, however, persist in encouraging those present to express a view about the general contribution which Rolls-Royce had made to East Kilbride over the years. From the evidence of those interviewed who were in attendance at the meeting his reference was not construed as relating to the pending planning application.
There was no evidence of any other occasion on which the respondent sought improperly to seek support for the application and accordingly I found that there was no breach of paragraph 7.8 of the Code.

6. Paragraph 7.10 requires that a member of a Planning Committee must not be seen to prejudge a planning application. The general nature of the exchange at the East Kilbride Housing Forum meeting on 15 February 2006, that it was not initiated by the respondent, and the reaction of those present, including the chair of the Forum, do not suggest that a predetermined view had been taken by the respondent. Given the impromptu nature of the exchange at the meeting, it may be that on reflection the respondent might feel he overstated the views expressed there as a formal 'mandate'. However there was no evidence to suggest that the respondent had prejudged the application prior to the Special Committee Meeting on 28 February 2006.

7. In addition to the documentary evidence, I considered the accounts of the planning process and the respondent's involvement in it, provided by officers of the Council. I also noted the complainant's view of the Committee's deliberations and the respondent's explanation of his preparation for and participation in that meeting. Senior officers of South Lanarkshire Council expressed the view that they were satisfied with the propriety of the process for consideration of the application and with the overall conduct of the Special Planning Meeting. The application appeared to have been processed in accordance with the principles set out in the Council's published guidance.

8. Overall, I did not consider that by virtue of his attendance at, and contribution to, the East Kilbride Housing Forum Meeting on 15 February 2006, the Special Meeting of the Planning Committee on 28 February 2006 or otherwise, the respondent prejudged the application in contravention of paragraph 7.10 of the Code and I found accordingly.

9. In relation to complaint number LA/SL/421 I therefore came to the conclusion that, having considered the information arising from my investigation, Councillor Alan Dick had not contravened the Councillors' Code of Conduct.

D Stuart Allan,
Chief Investigating Officer.
Forsyth House
Innova Campus
Rosyth Europarc
Rosyth
Fife
KY11 2UU
1 August 2006