Three Tendring representatives criticised for breaching code of conduct (From Gazette)

Three Tendring representatives criticised for breaching code of conduct

4:10pm Tuesday 3rd March 2009

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A FORMER council chairman has been suspended for three months after he swore at council planning officers.

Peter Balbirnie, who was chairman of Tendring Council in 2007/08, was found to be in breach of the councillors’ code of conduct by failing to treat a council officer with respect.

Andrew Tyrrell, a former council planning officer, alleged that on September 20, 2006, Mr Balbirnie came into a security clearance area at the district’s Weeley planning offices and verbally abused members of the department.

Colin Ward, chairman of the committee, said: “As a long-standing councillor, councillor Balbirnie should always be aware such conduct is always unacceptable.

“This matter is so serious that only the sanction of suspension is appropriate.”

Mr Balbirnie, a Tendring First councillor, is alleged to have sworn after being told a planning application for homes in Little Clacton was to be recommended for refusal by planning officers.

Mr Tyrrell claimed Mr Balbirnie said he was “sick of you planners taking the p***” and that they treated people “like it is all a game”.

“This department is a f****** joke,” he allegedly added.

Mr Balbirnie said the allegation was exaggerated but he has since written to Mr Tyrrell to apologise.

Mike Gibson-Davies, the council’s investigator, said Mr Balbirnie had genuine cause for concern because of the way the planning department handled the application, but that he should have directed his concern to a manager, not a junior officer.

Mr Balbirnie did not wish to comment on the situation, but said he intended to appeal against the length of the suspension.

During the suspension, Mr Balbirnie will not be allowed to take part in council business and will miss the council’s annual meeting in May.

Another senior member of Tendring Council was censured following allegations he failed to declare an interest in plans for a town centre upgrade.

Pierre Oxley, Tendring Council’s cabinet member for leisure, appeared before the authority’s standards committee following allegations he breached the councillors’ code of conduct.

It is claimed he failed to declare, before the start of a cabinet meeting, that he is also chairman of Clacton Chamber of Trade and Tourism when voting in favour of a multi-million-pound upgrade to Clacton town centre.

Mr Oxley, who is a Tendring First councillor, had declared his role on the councillors’ register of interest, but did not declare it before meetings of the cabinet.

He said it was an “oversight”, but pointed out he had nothing to gain from the decision financially.

Ian Beckett, who is now a colleague of Mr Oxley in the council’s administration, made the complaint before he was elected in 2006.

The committee found Mr Oxley was in breach of the code, but that he should receive only a letter of censure reminding him of his responsibility to declare interests.

The committee also found former Frinton town councillor Janet Brierley was in breach of the councillors’ code, after failing to declare an interest when voting against a planning application in her road in May 2006.

The committee said Mrs Brierley, who lived 90 metres from the site in Fourth Avenue, Frinton, had a personal and prejudicial interest in the application.

Mrs Brierley, who is no longer a councillor, will also receive a letter of censure from the committee.

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