Agenda and minutes

To agree the minutes of the meetings of the Panel held on 12 March and 27 March 2008 (attached).

            RESOLVED:

            That the minutes of the meetings of the Panel held on 12 March and 27 March 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 present at the meeting.

To declare interests in any item on the agenda.

Councillor J Wyatt advised that the appellants in relation to appeal number 7/2008 were residents of the ward he represented.  He had determined that this was neither a personal nor a prejudicial interest.

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 7/2008                    1 and 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 motor vehicle in the front garden of their property.  One of the appellants attended the meeting to present her case.  Mr N Taylor (Area Housing Manager) 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 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 appellants namely:

            (i)         the application to the Housing Appeals and Review Panel dated 4 June 2008;

            (ii)        13 photographs showing the appellants' property and the immediate locality;

(b)        the case of the Area Housing Manager;

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

            (i)         the appellants' application to park a private motor vehicle in the front garden of their property dated 13 February 2007;

            (ii)        letter dated 14 February 2007 from a Housing Officer to the appellants;

            (iii)       a photograph showing the appellants' house, hedge around the front garden, and layby in front of the property;

            (iv)       letter dated 23 February 2007 from the appellants to the Assistant Head of Housing Services (Operations);

            (v)        letter dated 5 March 2007 from the Assistant Head of Housing Services (Operations) to the appellants;

            (vi)       letter dated 8 February 2008 from the Area Housing Manager (North) to the appellants;

            (vii)      letter dated 20 May 2008 from the appellants to the Housing Directorate;

            (viii)      photograph showing the appellants' house, block paving of the front garden of the property and the layby in front of the property;

            (ix)       photographs of the front of another property in the same terrace as the appellants' property.

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

(a)        the appellants sought permission for a dropped kerb in front of their freehold property to enable them to park one or possibly two motor vehicles within their front curtilage;

(b)        there were severe parking problems in the locality which could be seen in the submitted photographs often resulting in double parking, parking on grass verges and footways;  this had led to neighbour disputes;

(c)        if the appeal was allowed, the appellants would be able to park within the curtilage of their property and parking spaces on the street would be released for other residents; as the road in which the appellants lived was a cul-de-sac there would be no effect on passing traffic;

(d)        the parking difficulties had been exacerbated as a result of the tendency of grown up children to remain in the family home for longer periods leading to many properties having two, three  ...  view the full minutes text for item 5.