Agenda and minutes

To agree the minutes of the meetings of the Panel held on 31 August and 22 September/3October 2005 (attached).

            RESOLVED:

            That the minutes of the meetings of the Panel held on 31 August and 22 September/3 October 2005 be taken as read and signed by the Chairman as a correct record.

(Head of Research and Democratic Services) To report the attendance of any substitute members for the meeting.

It was noted that there were no substitute members present at this meeting.

To declare interests in any item on the agenda.

Councillor D Stallan declared a personal interest in agenda item 8 (Appeal No 20/2005) by virtue of being a member of the Council's Conservative Group whose Leader was the Chairman of the Primary Care Trust.  He also advised that one of the appellant's advisers was the mother of another Conservative Councillor on the Council.  He had determined that his interests were not prejudicial and that he would remain in the meeting for the duration of the consideration of the appeal.

            To consider whether, under Section 100(A)(4) of the Local Government Act 1972, the public and press should be excluded from the meeting for the items of business set out below on grounds that they will involve the likely disclosure of exempt information as defined in the paragraph(s) of Part 1 of Schedule 12A of the Act indicated.

            Agenda                   Exempt information

            Item No.            Subject            Paragraph Number

            6            Appeal No. 18/2005             9

           7            Appeal No. 19/2005             3

           8                              Appeal No. 20/2005            3

To resolve that the press and public be excluded from the meeting during the consideration of the following items which are confidential under Section 100(A)(2) of the Local Government Act 1972.

            Item No.            Subject

            Nil            Nil

            RESOLVED:

            That, in accordance with Section 100(A)(4) of the Local Government Act 1972, the public and press be excluded from the meeting for the items of business set out below as they will involve the likely disclosure of exempt information as defined in the paragraphs of Part 1 of Schedule 12A of the Act indicated:

            Agenda            Subject            Exempt Information

            Item No.            Paragraph Number

            6            Appeal No 18/2005            9

            7            Appeal No 19/2005            3

            8            Appeal No 20/2005            3

To consider a restricted report.

The Panel gave consideration to an appeal against a decision of the Area Housing Manager acting under delegated authority concerning a request to purchase an area of Council-owned land.  The appellant attended the meeting to present his case.  Mr N Taylor, Area Housing Manager, attended the meeting to present the Council's case.  Mr A Hall, Head of Housing Services, attended the meeting to advise the Panel as required on details of the national and local housing policies relative to the appeal. 

The Chairman introduced the members of the Panel and officers present to the appellant and outlined the procedures to be followed in order to ensure that proper consideration was given to the appeal. 

The Panel had before them the following documents which were taken into consideration:

(a)        a summary of the appeal, together with the facts of the case forming part of the agenda for the meeting;

(b)        a copy of a plan showing the land in question and the immediate locality;

(c)        a copy of a photograph showing the land in question;  and

(d)        a copy of the application to the Housing Appeals Panel by the appellant dated 13 August 2005.

The Panel considered the following submissions in support of the appellant's case:

(a)        the land was overgrown with bushes and trees and had not been maintained for several years;

(b)        it was a wind-trap for rubbish;

(c)        if the land was purchased, the bushes and trees would be cut back, grass would be sown and a small wall would be erected around the area;

(d)        the Council had advised that there was a 14-month wait for cutting back the trees;

(e)        the land was currently a blot on the landscape and the proposals of the appellant would make the area more attractive;

(f)            reference by the Council to its new cleaning schedule for the estate was not understood, as litter picking had not taken place in relation to the land. 

The appellant answered the following questions of the Area Housing Manager and the Panel:

(a)        what will be the height of the wall which you propose to construct? – waist height;

(b)        is it not your wish to purchase the land in order to build a double extension to the side of your property? – I understand the previous owner of the property received planning permission for an extension and I have made enquiries of Planning Services about building an extension;

(c)        was the previous planning application made on the basis of the Council retaining the land, which you are now seeking to acquire? – yes;

(d)        where is your current boundary fence in relation to the land? – the appellant indicated the position of his fence on the circulated plan;

(e)        do you still hope to build an extension at some time in the future? – yes at some time;

(f)            reference is made in the facts of the case to the previous occupier of the property seeking to construct a dropped kerb to a parking  ...  view the full minutes text for item 39.

To consider a restricted report.

Councillor K Angold-Stephens, who had not been present at the commencement of the meeting, joined the Panel to consider this appeal. 

The Panel gave consideration to an appeal against a decision of the Assistant Housing Needs Manager (Homelessness) acting under delegated authority regarding the appellant's homelessness application.  The appellant was not in attendance at the meeting and had elected for the appeal to be determined on the basis of written representations.

The Head of Housing Services confirmed to the Panel that he had not previously been involved in this case and would be able to advise members on housing policy and legislation relevant to the appeal.  He confirmed that, in addition to the submitted written statements, the relevant housing file was available if required by the Panel.  He emphasised that the decision of the Panel had to be based on the representations before it.

The Panel had before them the following documents which were taken into consideration:

(a)        a summary of the appeal together with the facts of the case forming part of the agenda for the meeting;

(b)        a copy of a letter dated 8 August 2005 from the Assistant Housing Needs Manager (Homelessness) to the appellant's former employers;

(c)        a copy of a letter dated 10 August 2005 from the appellant's former employers to the Assistant Housing Needs Manager (Homelessness);

(d)        a copy of a report of an interview of the appellant by a Housing Officer;

(e)        a copy of a letter dated 25 August 2005 from the Assistant Housing Needs Manager (Homelessness) to the appellant's former employers;

(f)         a copy of a letter dated 31 August 2005 from the appellant's employers to the Assistant Housing Needs Manager (Homelessness);

(g)        a copy of a letter dated 16 September 2005 from the Assistant Housing Needs Manager (Homelessness) to the appellant;

(h)        a copy of the application to the Housing Appeals Panel by the appellant dated 2 September 2005.

The Panel considered the following submissions in support of the appellant's case:

(a)        officers had relied on the information provided by the appellant's former employers;  they had been very selective in the information that they had provided;

(b)        the property provided by the appellant's former employers would not have continued to be made available, even if the appellant had not been dismissed;  following the appellant's dismissal the property had been handed back to the landlord and other employees of the company had been moved closer to the company's centre of operations;  such a move would have been impossible for the appellant because of his son's schooling and his former employers were aware of that fact;  the appellant's former employers had no work in North London and the house had originally been rented for staff working on a North London contract – the appellant's dismissal had been for financial reasons;  as there was no longer any work in North London, the appellant had become a liability to his former employers;  the rent on the property had been in the region of £1,200  ...  view the full minutes text for item 40.

To consider a restricted report.

The Panel gave consideration to an appeal against a decision of the Assistant Housing Needs Manager (Homelessness) acting under delegated authority that the appellant had become homeless intentionally.  The appellant attended the meeting to present her case, accompanied by Ms R Poulter of the Epping Citizens' Advice Bureau and Mrs N D'Souza of the Child Protection Team – Essex Social Care.  Mr R Wallace, Assistant Housing Needs Manager (Homelessness) attended the meeting to present the Council's case.  Mr A Hall, Head of Housing Services, attended the meeting to advise the Panel as required on legal issues and details of the national and local housing policies relative to the appeal. 

The Chairman introduced the members of the Panel and officers present to the appellant and her advisers and outlined the procedures to be followed in order to ensure that proper consideration was given to the appeal. 

The Panel had before them the following documents which were taken into consideration:

(a)        a summary of the appeal together with the facts of the case forming part of the agenda for the meeting;

(b)            extracts from the Homeless Prevention Officer's records;

(c)        a copy of a letter dated 11 July 2005 from the Assistant Housing Needs Manager (Homelessness) to the appellant's former landlord;

(d)        a copy of a note of a telephone conversation between a Housing Officer and the appellant's former landlord;

(e)        a copy of a letter dated 18 July 2005 from the Assistant Housing Needs Manager (Homelessness) to the appellant;

(f)         a copy of a file note made following the failure of the appellant to attend for an interview on 21 July 2005;

(g)        a copy of a letter dated 8 August 2005 from the Assistant Housing Needs Manager (Homelessness) to the appellant;

(h)        a copy of a letter dated 5 September 2005 from the Assistant Housing Needs Manager (Homelessness) to the appellant;

(i)         a copy of a letter dated 17 October 2005 from the Council's Hostel Management Team to the appellant;

(j)         a copy of the application to the Housing Appeals Panel by the appellant dated 5 October 2005;

(k)        a copy of a letter dated 7 November 2005 from the Epping Citizens' Advice Bureau together with submissions made on behalf of the appellant.

The Panel considered the following submissions in support of the appellant's case:

(a)        the appellant had become homeless after a fire at her privately rented accommodation on 27 June 2005;  she had made a homeless application to the Council and had been placed with her two year old son in temporary accommodation at the Council's homeless hostel;

(b)        on 5 September 2005 the Council had found the appellant homeless intentionally; on 23 September 2005 the appellant requested a review of the Council's decision and it had subsequently been agreed that the appellant and her son could remain at the homeless hostel during the review period;

(c)        on 31 October 2005, the appellant had been evicted from the homeless hostel and the Council had been unwilling to offer  ...  view the full minutes text for item 41.