Agenda and minutes

To agree the minutes of the meetings of the Panel held on 9 August and 23 August 2007 (attached).

            RESOLVED:

That the minutes of the meetings of the Panel held on 9 August and 23 August 2007 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 Councillor B Rolfe was substituting for Councillor Mrs R Gadsby 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            Subject                                             Exempt Information

            Item No.                                                                  Paragraph Numbers

            6                      Appeal No. 10/2007                                  1 & 2

            7                      Appeal No. 9/2007                        1 & 2

To consider a restricted report.

The Panel considered an appeal against a decision made by officers under delegated authority to refuse to fund the provision of a vehicular crossover and hardstanding to enable the appellant to park a vehicle in the front garden of her property.  The appellant attended the meeting to present her case accompanied by her brother.  Mr H Thorpe (Housing Assets Manager) attended the meeting to present his case.  Mr R Wilson (Assistant Head of Housing Services (Operations)) 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 procedure 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)        the case of the Housing Assets Manager;

(b)        copies of documents submitted by the Housing Assets Manager, namely:

            (i)            letter dated 19 December 2006 from the Council's Tenant Liaison Officer to the appellant;

            (ii)            letter dated 15 January 2007 from the appellant to the Council's Assistant Head of Housing Services (Property and Resources);

            (iii)            letter dated 1 February 2007 from the Assistant Head of Housing Services (Property and Resources) to the appellant;

            (iv)            letter dated 16 February 2007 from Loughton Health Centre to the Assistant Head of Housing Services (Property and Resources);

            (v)            letter typed 13 March 2007 from the appellant's consultant physician to 'Whom it may concern';

            (vi)            medical form dated 25 March 2007 completed by the appellant;

            (vii)            letter dated 9 May 2007 from the Council's Medical Adviser to the Assistant Head of Housing Services (Property and Resources);

            (viii)            letter dated 18 May 2007 from the Assistant Head of Housing Services (Property and Resources) to the appellant;

            (ix)            Essex County Council's essential criteria in relation to on-street parking bays;

            (x)            plan showing the appellant's property and the immediate locality.

(c)        copies of documents submitted by the appellant, namely:

            (i)            a copy of the application to the Housing Appeals and Review Panel dated 1 July 2007;

            (ii)            letter dated 27 June 2007 from a specialist registrar in respiratory medicine to the Council.

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

            (a)            the appellant was an outpatient at the Royal Brompton Hospital with very severe chronic obstructive pulmonary disease;

            (b)            the appellant was severely disabled by her condition which meant that she had to stop walking every ten metres on the flat and every five steps on stairs because of breathlessness;

            (c)            the appellant's blood oxygen levels were low (9.5kPa) but not at the level that required long-term oxygen therapy;  not all patients with very severe chronic obstructive pulmonary disease required long-term oxygen therapy which was why low oxygen levels were not used as a mark of severity in this disease;

            (d)            the appellant's lung capacity was too poor now for her to be eligible for any lung volume reduction surgery  ...  view the full minutes text for item 73.

To consider a restricted report.

The Panel considered an appeal against a decision made by officers under delegated authority not to grant permission within the terms of a lease to allow the retention of a brick extension and conservatory.  The appellant attended the meeting to present her case accompanied by her eldest daughter, C Mardner (Essex Race Equality Council), D Kaur (Senior Occupational Therapist), J Hammond (Support Worker from the Essex Race Equality Council).  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 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 procedure 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)        the case of the Area Housing Manager;

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

            (i)            letter dated 10 August 2006 from the appellant to the Council's Housing Management Office including drawings of the proposed extension to the property;

            (ii)            letter dated 21 August 2006 from one of the Council's Housing Assistants to the appellant;

            (iii)            copies of photographs of the extension and conservatory;

            (iv)            letter dated 21 June 2007 from solicitors advising and assisting the appellant including copies of ten photographs referred to in that letter;

(c)        copies of documents submitted by the appellant, namely:

            (i)            a copy of the application to the Housing Appeals and Review Panel dated 25 July 2007;

            (ii)            letter dated 21 June 2007 from solicitors advising and assisting the appellant to the Council's Housing Services;

            (iii)            letter dated 5 July 2007 from the Council's Assistant Head of Housing Services (Operations) to the appellant's solicitors;

            (iv)            letter dated 15 April 2007 from the North Essex Mental Health Partnership to the Council's Legal, Administration and Estates Service;

            (v)            letter dated 10 May 2007 from a neighbour of the appellant to the Planning Inspectorate;

            (vi)            letter dated 27 October 2006 from the Limes Medical Centre to the Council's Planning Services;

            (vii)            letter dated 14 August 2006 from the Council's Planning Services to the appellant.

            The appellant advised that Mr Mardner would present her case assisted, as necessary, by others who were present.  The Panel considered the following submissions in support of the appellant's case:

            (a)            the appellant had become the secure tenant of the Council in 2001;  she had exercised the Right to Buy her ground floor flat in early 2006;

            (b)            in July 2006, the appellant had been granted planning permission (EPF/1238/06) for a single storey extension with conservatory;

            (c)            in August 2006, the appellant had approached the Council to request covenant consent for her extension;  she had heard nothing further about this request until a Section 146 Notice, dated 28 March 2007, demanding the removal of the  ...  view the full minutes text for item 74.