Agenda and minutes

To agree the minutes of the meeting of the Panel held on 20 September 2007 (to follow).

            RESOLVED:

            That the minutes of the meeting of the Panel held on 20 September 2007 be taken as read and signed by the Chairman as a correct record.

(Assistant to the Chief Executive) To report the attendance of any substitute members for the meeting.

It was noted that Councillor Mrs J Lea was substituting for Councillor Mrs R Gadsby and that Councillor B Rolfe was substituting for Councillor R D'Souza.

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                   Paragraphs Numbers

            6            Appeal No 7/2007            1 & 2

            7            Application No 11/2007            1 & 2

To consider a restricted report.

The Panel considered an appeal against a decision made by officers under delegated authority to refuse permission for a vehicular crossover to enable the appellants to park a vehicle in the front garden of their property.

Members were advised that consideration of this appeal had been deferred by the Panel at its meeting on 23 August 2007 as the appellants had not been in attendance to present their case.  At that meeting the Panel had agreed that the appeal would be determined on the next occasion it was before them whether or not the appellants were in attendance.

Members noted that the appellants had advised on their application form to the Panel that they would be in attendance accompanied by the former owner of their property.  Since lodging the application the appellants had been sent several letters including a recorded delivery and two delivered by hand all of which had asked them to advise if it was their intention to appear before the Panel.  The Panel was advised that no reply had been received to any of the Council's letters.  The Panel also noted that the appellants were currently not present at the Civic Offices.

The Panel confirmed their previous decision that this matter be determined in the absence of the appellants.

Mr D Barrett (Area Housing Manager (South)) attended the meeting to present the case of Mr N Taylor (Area Housing Manager (North)).  Mr A Hall (Director of Housing) attended the meeting to advise the Panel as required on details of the national and local housing policies relative to the appeal.  In the absence of the appellants, the Chairman advised that the Area Housing Manager (South)) would present the case of the Area Housing Manager (North), the Panel would ask him questions, the Area Housing Manager (South) would leave the meeting and the Panel would make its decision in private.

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

(a)        the case of the Area Housing Manager (North);

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

(i)         the Council's Guide for Residents Contemplating Applying for a Crossover;

(ii)        letter dated 8 January 2007 from the Council's Housing Services to the appellants;

(iii)       letter dated 15 January 2007 from the appellants to the Council's Housing Services;

(iv)       letter dated 12 February 2007 from the Assistant Head of Housing Services (Operations) to the appellants;

(v)        copies of two photographs of the location;

(c)        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.

The Panel took account of the following submissions in support of the appellants' case:

(a)        the appellants were the only drivers using the layby to park their vehicle and therefore there would be no inconvenience caused to other nearby residents as a result of the parking spaces in the layby being lost;

(b)        the former occupiers of the appellants' property had been given permission by  ...  view the full minutes text for item 82.

(a)            Representation

The Panel was advised that consideration of this application had been deferred at the meeting held on 16 October 2007 as the applicant had not been present to present his case.  On his application form to the Panel he had stated that he intended to appear before the Panel in order to present his case.  Since the meeting on 16 October 2007 a letter had been delivered to the applicant by hand and several telephone calls had been made in an attempt to seek confirmation from the applicant that he would be present at this meeting.  Members noted that no reply had been received to the letter and the appellant had not responded to messages left on his mobile phone.  The Panel noted that the applicant was currently not present at the Civic Offices.  The Panel considered whether to determine the application in the absence of the applicant.

            RESOLVED:

            That the application be determined in the absence of the applicant.

(b)            Determination

The Panel considered a request for a review of a decision made by officers under delegated authority regarding the applicant's homelessness application.  Mr J Hunt (Assistant Housing Needs Manager) Homelessness)) attended the meeting to present his case.  Mr A Hall (Director of Housing) attended the meeting to advise the Panel as required on details of the national and local housing policies relative to the appeal.

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

(a)        the case of the Assistant Housing Needs Manager (Homelessness);

(b)        copies of documents submitted by the Assistant Housing Needs Manager (Homelessness), namely:

(i)         letter signed by the applicant on 12 May 2006 accepting responsibility to pay a proportion of the charge for bed and breakfast accommodation provided by the Council;

(ii)        note of an interview of the applicant by a Council officer on 14 September 2006;

(iii)       letter received on 19 October 2006 from the applicant to the Council's Housing Needs;

(iv)       letter dated 7 November 2006 from the Assistant Housing Needs Manager (Homelessness) to the applicant;

(v)        letter dated 1 December 2006 from the Assistant Housing Needs Manager (Homelessness) to the applicant;

(vi)       letter dated 8 January 2007 from the Assistant Housing Needs Manager (Homelessness) to the applicant;

(vii)      letter dated 12 March 2007 from the Assistant Housing Needs Manager (Homelessness) to the applicant;

(viii)      letter received on 10 April 2007 from the applicant to the Council's Housing Needs;

(ix)       notes of a meeting held on 27 April 2007 between Housing Needs, the applicant and a representative of  the Epping Citizens' Advice Bureau;

(x)        letter dated 18 July 2007 from the Assistant Housing Needs Manager (Homelessness) to the applicant;

(xi)       letter dated 3 August 2007 from the Assistant Housing Needs Manager (Homelessness) to the applicant;

(xii)      letter dated 15 August 2007 from the Assistant Housing Needs Manager (Homelessness) to the applicant;

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

(i)         a copy of the application to the Housing Appeals and Review Panel dated 4 September  ...  view the full minutes text for item 83.