Councillor cleared of code breaches (From Western Telegraph)

Councillor cleared of code breaches

9:08am Friday 13th July 2007 in

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The deputy leader of Pembrokeshire County Council was cleared of five breaches the National Park's code of conduct on Wednesday at the conclusion of five years of investigation.

Cllr John Allen-Mirehouse appeared in front of the adjudication panel for Wales. In a hearing that spanned two days the three panel members considered an Ombudsman's report, which concluded that Cllr Allen-Mirehouse had been in breach of five separate paragraphs of the Pembrokeshire Coast National Park Authority's code of conduct.

The breaches referred to an extraordinary meeting of the authority in January 2002, when the deputy leader failed to declare an interest during the authority's discussion of the proposed policy 47 in the JUDP.

It was widely held that the policy, dubbed the "homes for locals" clause, would have an effect on land values by restricting the purchase of new homes in the park to meet the needs of local people or those for whom it was essential to live in the community.

When this was discussed by the the park authority Cllr Allen-Mirehouse who owns a substantial amount of land within the park, spoke and voted against the proposal.

The Ombudsman concluded that, as subsequent events demonstrated that the deputy leader was involved in selling land for development, he had breached the parks authority's code of conduct by failing to declare an interest and by participating in the discussion.

During this week's tribunal the adjudication panel had to decide on two disputed facts before deciding if Cllr Allen Mirehouse had been in breach of the code.

The first being if the deputy leader owned any land capable of being developed and the second being the likely impact of policy 47 on such land.

Evidence was given under oath by the Ombudsman's two investigating officers Ms Thomas and Ms Basset; Mr I Jones, head of conservation for the park authority and Cllr Allen-Mirehouse.

Cllr Mirehouse's solicitor Robin Tolson then cross examined the witnesses. Mr Hughes, representing the Ombudsman, presented the report but, unlike the English system, he had no recourse to examine the witnesses.

However, in a subsequent discussion over costs Mr Hughes did make a case for the Ombudsman, including mention of two letters that had passed between Cllr Allen Mirehouse's architect and land agent in late 2001 which referred to the fact that policy 47 would affect land being developed.

Under oath Councilor Allen-Mirehouse said that prior to the national park meeting he had come to the conclusion that he did not have an interest.

"I considered whether I had an interest," he said. "Seeing as the land already had planning permission and other land was outside the building area. Seeing as the policy was general and didn't refer to myself or Angle. It didn't really occur to me that I had an interest."

On consideration of the evidence the panel found that Cllr Allen-Mirehouse did own land capable of being developed but that policy 47 would have had no discernible effect on the price of new houses. They also found that Cllr Allen Mirehouse did consider whether he needed to declare an interest prior to the meeting in question and he did take advice from the Pembrokeshire County Council monitoring officer prior to a meeting of the council on the same subject.

Having reviewed the written and oral testimony available to them the panel came to the conclusion that Cllr Allen-Mirehouse did not have an interest to declare and was not in breach of the Pembrokeshire coast national park's code of conduct.

"He did not confer benefit either on himself or anyone else in relation to his discussion on the park's policy 47," said panel chair Peter Davies.

Cllr Allen Mirehouse's solicitor applied for costs from the Ombudsman on the basis that several aspects of the Ombudsman's behaviour had been "wholly unreasonable". However, after consideration by the panel, costs were refused.

For reaction to the panel's decision, see the Western Telegraph next week.