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NOTE OF DECISION WEB VERSION

Complaint no. LA/SL/991 concerning an alleged contravention of the Councillors’ Code of Conduct by Councillor James Docherty of South Lanarkshire Council

1. Complaint number LA/SL/991 alleged a contravention of the Councillors’ Code of Conduct (“the Code”) by Councillor James Docherty (“the respondent”).

2. It was alleged that the respondent had contravened the Code, in particular provisions in sections 4 and 5 relating to Registration and Declaration of Interests.

3. The complainants alleged a conflict of interest on the part of the respondent, Councillor James Docherty.  They said that Councillor Docherty had taken up residence at a property formerly in the ownership of a local developer.   They had not seen information as to the circumstances in which the property was acquired.  They alleged that Councillor Docherty had acquired the property while having participated in decisions on planning matters involving the developer.  In particular, they said that Councillor Docherty participated in a decision by South Lanarkshire Council's Planning Committee on 1 December 2009 to approve a planning application for a Sports Pavilion in Calderglen Country Park, despite the developer having had a personal interest in the application as a member of the applicant body.

4. In making their complaint, the complainants provided me with information from a newspaper article which I examined.  I requested information from South Lanarkshire Council relating to Councillor Docherty's Register of Interests and to planning applications submitted by the developer or his company.  I received information from Councillor Docherty's solicitor relating to the acquisition of the property in question.

5. I noted that the respondent's ownership of the property was duly recorded in his Register of Interests as at 9 March 2010.  The alteration to the Register of Interest at that time was entirely in accordance with the requirement to update the Register, as Councillor Docherty's solicitor confirmed that purchase of the property was completed on 5 March 2010.  The developer, who was the previous owner, had instructed his solicitors in May 2008 to place the property on the market and it was first advertised in August 2008.  The solicitors who acted for the owner in regard to the sale of the property provided details of notes of interest or enquiries during 2008/2009, none of which produced a purchaser.  A Home Report was obtained on 1 April 2009 as there appeared to be an interested party at that time, but no offer was forthcoming. Another previous (verbal) offer of £315,000 was refused. The selling solicitors have said that Councillor Docherty's formal offer of £320,000, which was made on 21 December 2009, was the highest legal offer received by the time the property had been on the market for 18 months.  They have indicated that it was an arms length transaction at market value.

6. Turning to consideration of planning applications, South Lanarkshire Council were asked to provide details of three planning applications submitted in recent years by the developer or his company.  Decisions on these applications were taken on 18 November 2008, 10 March and 23 June 2009.  Councillor Docherty participated in the Planning Committee's determination of these planning applications and there was nothing to suggest any reason why he should not have done so.   A fourth planning application, which was submitted by a local, charitable Community Trust, related to the provision of various sports facilities and changing pavilion at Calderglen Country Park.  Approval for this application was granted unanimously by the Planning Committee on 1 December 2009.  

7. I did not consider that there were grounds to prevent Councillor Docherty from participating in the decisions on any of these planning applications. No evidence had been provided of a relationship between Councillor Docherty and the applicant or his company in regard to the first three applications.  In regard to the application which was approved on 1 December 2009, the developer was a trustee of the applicant, the East Kilbride Community Trust.  However, the applicant was not the developer himself, or one of his companies, rather it was a local charity which is a separate legal entity.  In addition, until 21 December 2009, Councillor Docherty was not in the position where he had made an offer for the purchase of the developer's property.

8. I considered that the complaint which was made to me could not amount to a breach of the Code of Conduct.  Councillor Docherty's interest in the property which he acquired was properly registered by him.  There were no grounds to question the circumstances of his acquisition of the property from its former owner, nor any evidence of failure to declare an interest associated with its purchase.

9. Having considered the information that arose from my investigation, I concluded that Councillor James Docherty had not contravened the Councillors’ Code of Conduct.

D Stuart Allan

Chief Investigating Officer

44 Drumsheugh Gardens

Edinburgh

EH3 7SW

22 June 2010