Agenda and minutes

To agree the minutes of the meetings of the Panel held on 7 March and 20 April 2006 (attached).

RESOLVED:

That the minutes of the meetings of the Panel held on 7 March and 20 April 2006 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 there were no substitute members present at this meeting.

To declare interests in any item on the agenda.

No declarations of interest were made pursuant to the Council's Code of Member Conduct.

Exclusion: 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 following paragraph(s) of Part 1 of Schedule 12A of the Act (as amended) or are confidential under Section 100(A)(2):

The Local Government (Access to Information) (Variation) Order 2006, which came into effect on 1 March 2006, requires the Council to consider whether maintaining the exemption listed above outweighs the potential public interest in disclosing the information. Any member who considers that this test should be applied to any currently exempted matter on this agenda should contact the proper officer at least 24 hours prior to the meeting.

Confidential Items Commencement: Paragraph 9 of the Council Procedure Rules contained in the Constitution require:

(1)        All business of the Council requiring to be transacted in the presence of the press and public to be completed by 10.00 p.m. at the latest.

(2)        At the time appointed under (1) above, the Chairman shall permit the completion of debate on any item still under consideration, and at his or her discretion, any other remaining business whereupon the Council shall proceed to exclude the public and press.

(3)        Any public business remaining to be dealt with shall be deferred until after the completion of the private part of the meeting, including items submitted for report rather than decision.

Background Papers:  Paragraph 8 of the Access to Information Procedure Rules of the Constitution define background papers as being documents relating to the subject matter of the report which in the Proper Officer's opinion:

(a)            disclose any facts or matters on which the report or an important part of the report is based;  and

(b)        have been relied on to a material extent in preparing the report and does not include published works or those which disclose exempt or confidential information (as defined in Rule 10) and in respect of executive reports, the advice of any political advisor.

Inspection of background papers may be arranged by contacting the officer responsible for the item.

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 item of business set out below as it would involve the likely disclosure of exempt information as defined in the paragraph of Part 1 of Schedule 12A of the Act indicated and the exemption is considered to outweigh the potential public interest in disclosing the information:

            Agenda            Subject            Exempt Information

            Item No            Paragraph Number

            6             Appeal Number 5/2006 1 and 2

To consider a restricted report.

The Panel gave consideration to an appeal against a decision of the Area Housing Manager acting under delegated authority to refuse permission for the construction of a vehicular crossover over Council-owned land.  The appellant attended the meeting to present his case accompanied by his wife.  Mr N Taylor (Area Housing Manager) attended the meeting to present his 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 Chairman sought the approval of both parties to the attendance of Councillor Mrs A Cooper as an observer only.  Both parties confirmed that they had no objection to Councillor Mrs Cooper being present.

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 plan of the appellant's property and the locality on which had been drawn by Housing Officers the location of the proposed vehicular crossover;

(c)        a copy of a letter dated 1 March 2006 from the Assistant Area Housing Manager (North) to the appellant;

(d)        a copy of a letter dated 6 March 2006 from the appellant to the Council's Housing Services;

(e)        a copy of a letter dated 29 March 2006 from the Assistant Head of Housing Services (Operations) to the appellant;

(f)         a copy of a letter dated 31 March 2006 from the appellant to the Assistant Head of Housing Services (Operations);

(g)        a copy of the application to the Housing Appeals and Review Panel by the appellant dated 13 April 2006 together with a copy of a letter dated 31 March 2006 from the appellant to the Assistant Head of Housing Services (Operations).

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

(a)        the appellant was seeking permission for a vehicular crossover, over Council-owned land in order to park his vehicle in the front garden of his property;

(b)        the appellant was disabled and confined to a wheelchair and was registered blind.

(c)        the appellant had moved into the property on 2 January 2006 and was very happy with it but it was a struggle for him to access the property from his mobility car parked on the highway;

(d)        the appellant's wife was his carer and she struggled with the wheelchair; although the distance from the highway to the front garden was a short distance to the average person, it was a long way for the appellant;

(e)            Occupational Therapy had recommended that the appellant should have a vehicular crossover to his property; the appellant was well catered for inside the property as Occupational Therapy had provided numerous aids; however, he was unable to  ...  view the full minutes text for item 5.