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NOTICE OF DECISION
NOTICE OF DECISION
TEST VALLEY BOROUGH COUNCIL
STANDARDS DETERMINATION SUB-COMMITTEE
SUMMARY OF COMPLAINT REFERENCE : 13/4/6/3(1)
NAME OF AUTHORITY : Awbridge Parish Council
NAME OF COUNCILLOR(S) : Councillor Peter Milani
NAME OF PERSON WHO MADE : Mr Bryan Raines
THE ALLEGATION
ALLEGATION
Allegation 1 – That Councillor Peter Milani attended meetings of Awbridge Parish Council on 2 September, 7 October and 11 November 2010 at which business in which he had a personal interest, namely
an alleged breach of planning control at Aethelreds Park, was considered, without disclosing the existence and nature of that interest, contrary to paragraph 9(1) of the Awbridge Parish Council
Code of Conduct.
Allegation 2 – That on 2 September, 7 October and 11 November 2010 Councillor Peter Milani failed to withdraw from the room when a meeting of Awbridge Parish Council at which business in which he
held a prejudicial interest, namely an alleged breach of planning control at Aethelreds Park, was being considered contrary to paragraph 12(1)(a) of the Awbridge Parish Council Code of
Conduct.
TEST VALLEY BOROUGH COUNCIL’S STANDARDS
DETERMINATION SUB-COMMITTEE DECISION
Allegation 1 – The Sub-Committee found that Councillor Milani did fail to comply with paragraph 9(1) of the Code of Conduct by failing to declare a personal interest in the meetings of Awbridge
Parish Council held on 2 September, 7 October and 11 November 2010.
Allegation 2 – The Sub-Committee found that Councillor Milani did not fail to comply with paragraph 12(1)(a) of the Code in that, although he had failed to declare a personal interest at the Parish
Council meetings referred to, that interest was not a prejudicial one.
In respect of its finding on Allegation 1, the Sub-Committee decided that Councillor Milani should be required to receive Code of Conduct and other procedural training as appropriate and identified
by the Monitoring Officer. In reaching that decision, the Sub-Committee took into account the fact that Councillor Milani had received no previous training in Code of Conduct matters, and was
satisfied that he had not deliberately ignored his obligations under the Code.
Councillor Milani has the right to apply to the First-Tier Tribunal (Local Government Standards for England) for permission to appeal within twenty eight days of receipt of the formal
decision.
DATE 3rd November 2011
SIGNED Susan Tovey
Head of Legal & Democratic Service and Monitoring Officer
On behalf of the Standards Determination Sub-Committee