Agenda and minutes

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

It was noted that Councillor Mrs Lea for substituting for Councillor D’Souza 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 items of business set out below as they would involve the likely disclosure of exempt information as defined in the paragraphs 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 Item            Subject            Exempt Information No                   Paragraphs Nos

            5            Appeal No 6/2007            1 & 2

            6            Appeal No 5/2007            1 & 2

To consider a restricted report.

Members were advised that the appellant had stated on her application form to the Panel that she intended to attend the meeting in order to present her case.  The Panel noted that the appellant had been advised to attend at 4 pm but was currently not present at the Civic Offices.

The Panel adjourned the meeting to enable the Democratic Services Manager to attempt to contact the appellant by telephone.

The meeting was reconvened and the Democratic Services Manager advised that he had been unable to contact the appellant who was still not present at the Civic Offices.

            RESOLVED:

            (1)            That consideration of Appeal 6/2007 be deferred to the next meeting of the Panel; and

            (2)            That the appellant be advised that her appeal will be determined at the next meeting of the Panel whether or not she is in attendance.

To consider a restricted report.

The Panel considered an appeal against a decision made by the Area Housing Manager acting under delegated authority to refuse a request to sell land in front of the appellants’ property.  The appellants attended the meeting to present their case accompanied by Councillor D Stallan.  Mr N Taylor (Area Housing Manager) attended the meeting to present his case.  Mr P Pledger (Assistant Head of Housing Services)(Property and Resources) attended the meeting to advise the Panel as required on details of the Council’s housing policy relevant to the appeal.  The Chairman introduced the members of the Panel and officers present to the appellants 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)        the case of the Area Housing Manager;

(c)        copies of documents submitted by the Area Housing Manager namely:

(i)            a plan showing the appellants’ property and adjoining properties;

(ii)            letter dated 28 July 2005 from the appellants to the Area Housing Manager;

(iii)            letter dated 4 August 2005 from the Housing Officer (Sales and Leasehold) to the appellants;

(iv)            letter dated 29 March 2006 from the appellants to the Council’s Housing Services;

(v)            letter dated 4 April 2006 from the Housing Officer (Sales and Leasehold) to the appellants;

(vi)            letter dated 22 May 2006 from the appellants to the Area Housing Manager;

(vii)            letter dated 30 May 2006 from the Area Housing Manager to the appellants;

(viii)            letter dated 10 April 2007 from the Assistant Head of Housing Services (Operations) to the appellants;

(d)        the case of the appellants;

(e)        copies of documents submitted by the appellants, namely: 

            (i)            a copy of the application to the Housing Appeals and Review Panel dated 7 March 2007;

            (ii)            letter dated 23 April 2007 from the previous owner of the property to the appellants;

            (iii)            licence dated 8 November 2006 between the appellants and the Council;

            (iv)            copy of a plan dated April 2005 obtained from HM Land Registry showing the appellants’ property and adjoining properties and a right of way;

            (v)            copy of a plan dated 11 March 2003 produced by the Council in relation to the property;

            (vi)            copy of a title plan in relation to the property adjoining the appellants’ property and showing a right of way;

            (vii)            copies of photographs showing the land subject to the appeal;

            (viii)            copy of another plan lodged with HM Land Registry showing the property adjoining the appellants’ property and a right of way.

The Panel considered the following submissions in support of the appellants’ case:

(a)        the area of land had been offered to the previous owners of the property by the Council in 1994;

(b)        the equivalent area in front of an adjoining property had been sold to the owners of that property by the Council,  ...  view the full minutes text for item 58.