Agenda and minutes

To agree the minutes of the meetings of the Panel held on 13 and 14 February 2008 (attached).

            RESOLVED:

That the minutes of the meetings of the Panel held on 13 and 14 February 2008 be taken as read and signed by the Chairman as correct records.

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

There were no substitute members.

To declare interests in any item on the agenda.

No declarations of interest were made pursuant to the Code of Conduct for Members.

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 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.5/2008                    1 and 2

To consider a restricted report.

The Panel considered an appeal against a decision made by officers under delegated authority requiring the appellant to meet the cost of removing kerbstones to enable her to provide vehicular access to the rear of her property across Council?owned land.  The appellant attended the meeting to present her case accompanied by a family friend.  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 outlined the procedure to be followed in order to ensure 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)         the application to the Housing Appeals and Review Panel dated 4 December 2007;

(ii)        a photograph showing a vehicle parked within the curtilage of the appellant's property;

(iii)       letter dated 23 July 2007 from the appellant to the Assistant Head of Housing Services;

(iv)       letter dated 5 July 2006 from the Area Housing Manager (North) to Bill Rammell MP;

(b)        the case of the Area Housing Manager;

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

(i)         letter dated 10 July 1975 from the Area Housing Manager to the appellant's late brother;

(ii)        three photographs showing the rear of the appellant's property and the garage forecourt at the rear of her property;

(iii)       letter dated 20 October 2005 from a Housing Officer (Management) to the appellant;

(iv)       letter dated 5 July 2006 from the Area Housing Manager (North) to Bill Rammell MP;

(v)        letter dated 23 August 2007 from the appellant to the Assistant Head of Housing Services;

(vi)       letter dated 5 September 2007 from the Assistant Head of Housing Services (Operations) to the appellant.

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

(a)        the appellant's late brother had obtained permission from the Council in 1975 when he had occupied the appellant's property for the construction of a garage and a car hardstanding in the rear garden of the property; there had been no reference in the letter giving permission for the hardstanding to the need to remove kerbstones;

(b)        the appellant's late brother had parked his Mini Metro car on the hardstanding as shown on the submitted photograph; he would not have been able to gain access to the hardstanding if the kerbstones had been in place at that time;

(c)        the Council officers had stated that the area between the garage forecourt and the boundary of the appellant's property was of an appearance that suggested it had never been covered and crossed by a vehicle; the photograph disproved that assertion;

(d)        the access to the rear of the appellant's property originally had been an unmade  ...  view the full minutes text for item 121.