Agenda and minutes

To agree the minutes of the meetings of the Panel held on 16 and 18 October 2007 (attached).

            RESOLVED:

That the minutes of the meetings of the Panel held on 16 and 18 October 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 B Rolfe was substituting for Councillor R D'Souza.

To declare interests in any item on the agenda.

Pursuant to the Council's Code of Member Conduct, Councillor J Wyatt declared a personal interest in agenda item 7 (Appeal No. 13/2007) by virtue of having been contacted by the appellant for advice on procedural matters only.  The Councillor determined that his interest was not prejudicial and that he would remain in the meeting for the duration of the consideration and determination of the appeal.

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                      Application No. 12/2007            1 and 2

7                      Appeal No. 13/2007                      1 and 2

8                      Previous Appeals and               1 and 2

                        Applications - Current

Position

To consider a restricted report.

Members were advised that following an approach from the solicitors acting on behalf of the applicant it had been agreed that consideration of this application be deferred to the meeting of the Panel arranged for 29 January 2007.

            RESOLVED:

            That the reason for deferral of consideration of this application be noted.

The Chairman sought agreement to alter the order of business.

            RESOLVED:

That agenda item 8 (Previous Appeals and Applications - Current Position) be taken as the next item of business.

To consider a restricted report.

The Panel received schedules giving a progress report on recent cases where the matter was still active within Housing Services.

Members expressed concern about the apparent delay in completing disabled adaptations approved by the Panel at its meeting on 16 February 2006.  The Assistant Head of Housing Services (Operations) agreed to advise members in writing of the current position and the reasons for the apparent delay.

The Democratic Services Manager reminded the Panel that consideration of Appeal No. 9/07 seeing permission under the terms of a lease for the retention of an extension and a conservatory had been deferred at a meeting held on 20 September 2007 pending the outcome of decisions by the Planning Inspectorate on appeals against the refusal of planning permission and the issue of an enforcement notice.  The Panel was informed that the appeals against the refusal of planning permission and the issue of an enforcement notice had been dismissed by the Planning Inspectorate and that the enforcement notice had been upheld and required removal of the conservatory by 18 April 2008.  Members of the Panel present who had initially considered this matter on 20 September 2007 were invited to determine the appeal in the light of the decisions made by the Planning Inspectorate.  Members were advised that at that previous meeting they had agreed to give further consideration to this application in the absence of the parties.

The Panel noted that the enforcement notice only required the removal of the conservatory and therefore had the effect of granting planning permission for the existing extension.  The Panel was also advised that there was an outstanding and still valid planning permission for a different design of conservatory and extension.  The Panel was informed that the Area Housing Manager had written to the appellant on 13 October 2007 seeking clarification of her intentions in relation to compliance with the enforcement notice but had not received any response.  In coming to its decision, the Panel took full account of the appellant's medical condition, her family circumstances, the Council's duties under the Disability Discrimination Act, the terms of the appellant's lease and the design of the conservatory and the extension.  The Panel concluded that as the appeal related to the extension and the conservatory as built its decision had to be made in relation to both elements.

            RESOLVED:

            (1)            That the progress report on previously heard cases be noted and that cases 7/07, 11/07, 10/07, 8/07, 4/07, 3/07, 9/06 and 8/06 be deleted from future schedules.

(2)            That the Assistant Head of Housing Services (Operations) advised members in writing of the reasons for the delay in resolving Appeal 1/06;

(3)            That Appeal No. 9/07 be dismissed as it is not possible to grant consent under the terms of a lease for development which does not have the benefit of planning permission; and

(4)            That the appellant in Appeal 9/07 be advised that if it is her intention to demolish the conservatory in accordance with the enforcement notice and seek to  ...  view the full minutes text for item 90.

To consider a restricted report.

The Panel considered an appeal against a decision made by officers under delegated authority requiring the appellant to pay service and maintenance leasehold charges on a property which he had acquired.  The appellant attended the meeting to present his case.  Mr H Thorpe (Housing Assets Manager) attended the meeting to present his case assisted by Mrs S Lindsay (Housing Resources Manager), 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)        copies of documents submitted by the appellant, namely:

(i)         a copy of the application to the Housing Appeals and Review Panel dated 27 October 2007;

(ii)        a 1:100 scale sealed plan dated 18 March 1999 attached to the leasehold sale agreement;

(iii)            Council Tax bills for 2006-2007 and 2007-2008;

(iv)       letter dated 16 July 2007 from G A B Robins to the appellant;

(v)        letter dated 29 June 2007 from Purkelly to the Council's Housing Assets;

(vi)       letter dated 7 August 2007 from G A B Robins to the appellant;

(vii)      letter dated 24 October 2007 from Duncan Phillips Limited to the appellant;

(viii)      letter dated 30 October 2007 from the appellant's former neighbour addressed to "whom it may concern";

(ix)       letter dated 26 November 2007 from Complete Integrated Services Limited to the appellant;

(b)        the case of the Housing Assets Manager;

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

(i)         notes dated 2 October 2007 of a telephone conversation between a Housing Officer and the appellant;

(ii)        letter dated 22 November 2006 from the Council's Principal Housing Officer (House Sales and Leasehold Services) to the appellant;

(iii)       letter dated 17 November 2006 from the appellant to the Council's Principal Housing Officer (House Sales and Leasehold Services);

(iv)            memorandum dated 4 January 2007 from the Council's Principal Housing Officer (House Sales and Leasehold Services) to the Council's Legal Services;

(v)            memorandum dated 5 February 2007 from the Council's Legal Services to the Principal Housing Officer (House Sales and Leasehold Services);

(vi)       letter dated 12 February 2007 from the appellant to the Council's Assistant Head of Housing Services (Property and Resources);

(vii)      letter dated 19 February 2007 from the Council's Housing Assets Manager to the appellant;

(viii)      letter dated 2 April 2007 from the appellant to an officer in the Council's Housing Services;

(ix)       letter dated 12 April 2007 from the Council's Housing Assets Manager to the appellant;

(x)        report dated 24 May 2006 of John Pryke and Partners to the Council;

(xi)       e-mail dated 20 April 2007 from the Council's Executive Assistant to the Assistant Head of Housing Services (Property and Resources);

(xii)            memorandum dated 11 May 2007  ...  view the full minutes text for item 91.