Two code of conduct complaint reviews have been leaked, one detailing Cr Turner’s failure to leave the chamber for the vote on a boutique hotel at 62 Byng Street in May due to his role as chairman at the neighbouring Orange Regional Conservatorium (ORC).

Councillors rejected the development application (DA) due to concerns about bulk and scale and heritage character.

The other involved a television interview where he said, “I would encourage David Nock the developer to take council to the Land and Environment Court and give it a go because I believe he will win”.

Reviewer Andrew Fletcher found while Cr Turner would not benefit financially from the development, his interest was still deemed significant given the council resolved in 2015 to gift the conservatorium site to ORC to use the proceeds from the sale to build a new home and he should have left the chamber.

Mr Fletcher noted Cr Turner originally declared an interest in the item in April, but sought legal advice to participate when councillors’ support for the DA fell.

Cr Turner told the Central Western Daily timing played an important factor because the ORC site could not be vacated until the organisation had somewhere to move and construction costs would have to come from other sources initially. 

Mr Fletcher dismissed the argument, saying the council had not passed any other resolutions, however Cr Turner said further resolutions would have to follow.

“There could be seen to be [a risk in not leaving] by some people, but I don’t believe so,” he said.

He contended it was impossible to know what impact the hotel development would have had on the conservatorium site’s value.

“If the same thing happened again, I would still vote,” he said.

Mr Fletcher found the WIN News interview breached the code of conduct because it was likely to bring the council and the approvals process into disrepute and implied the decision was improperly made when the council had followed due process.

He also found Cr Turner did not exercise a reasonable degree of diligence and he had voiced improper support for the developer.

Cr Turner said it was only a personal opinion.

“If my comments upset members of the public or were seen by councillors to be making a statement on their behalf or as chair [of the council’s planning and development committee], if that was the case, I apologise,” he said.

He will address the council on recommended sanctions at the first meeting of 2017.