Case Study A

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					                                        Case Study A

A complainant (“A”) alleges that Councillor P (a member of the Council’s Planning
Committee) failed to disclose a personal and prejudicial interest in a planning application
submitted by the Councillor’s neighbour, with whom the Councillor was allegedly not on good
terms.

The application submitted by the neighbour of Councillor P was for a building development
on land some 75 metres or so from Councillor P’s house. The site is not visible from the
Councillor’s house, but the development of the site would give rise to traffic and noise during
the building period, which would be likely to impact on the residential properties within the
site’s immediate vicinity.

Councillor P did not consider that there would be any real impact at all to him from the
development of the site and had not raised any concerns of that nature and did not declare
any personal interest when the matter was considered by the Committee.

The applicant/neighbour had stopped speaking to Councillor P some two years ago after the
neighbour’s first planning application had been rejected.

Some ten years before the Councillor had also complained about the neighbour’s bird
scarer, on behalf of some constituents who had been inconvenienced by its noise.

Approximately 18 months ago, a tree from the neighbour’s garden had damaged Councillor
P’s fence. A replacement fence was funded through the Councillor’s insurance.

1.        Is there a potential breach of the code of conduct?

2.        If there is a potential breach, what if any action does it merit?




director/standards committee/
Case Study (30 April 2009)
                                        Case Study B


Correspondence between a resident and a Borough Councillor, regarding a particular
problem in the Councillor’s Ward which affects the resident personally, has been continuing
for over a year, culminating in a letter to the Councillor from the resident which the Councillor
considers to be rude and offensive.

The resident is the Independent Chair of the Borough Council’s Standards Committee.

The Councillor has submitted a complaint to the Council’s Standards Committee.

Is there a potential breach of the code of conduct?




director/standards committee/
Case Study (30 April 2009)