Agenda and minutes

To agree the minutes of the meeting of the Panel held on 24 July 2008 (attached).

RESOLVED:

That the minutes of the meeting of the Panel held on 24 July 2008 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.

To declare interests in any item on the agenda.

No declarations of interest were made pursuant to the Council’s 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 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 Number 8/2008                 1 and 2

            7                      Appeal Number 9/2008                       1 and 2

8                                            Parking of Motor Vehicles in              

Front Gardens – Policy                      1 and 2

To consider a restricted report.

The Panel was informed that the solicitors acting for the applicant in this case had requested more information from Housing Officers at a late stage in order to present a case on behalf of their client.

            RESOLVED:

            That consideration of application number 8/2008 be deferred to a future meeting.

To consider a restricted report.

The Panel considered an appeal against a decision made by officers under delegated authority to seek possession of the property currently occupied by the appellant following her succession to the tenancy of that property after the death of her father.  The appellant attended the meeting to present her case accompanied by a friend and fellow parish councillor.  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 Chairman sought the approval of both the appellant and the Area Housing Manager to Councillor Mrs J Sutcliffe remaining in the meeting as an observer.  The Chairman emphasised that Councillor Mrs Sutcliffe would not be taking part in the decision-making process and was attending in order to gain experience of the proceedings.  Both the appellant and the Area Housing Manager signified their approval to Councillor Mrs Sutcliffe remaining in the meeting.

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 7 July 2008;

(ii)                letter dated 11 June 2008 from the appellant to the Director of Housing;

(iii)               nine photographs of the appellant, her family and the property;

(iv)              a local newspaper article about a community project in relation to which the appellant had played a leading role;

(v)                letter dated 28 July 2008 from the appellant’s friend and fellow parish councillor to the Panel;

(b)               the case of the Area Housing Manager;

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

(i)                  the Council’s leaflet “Succession to a Tenancy”;

(ii)                letter dated 30 May 2008 from the appellant to the Housing Directorate;

(iii)               letter dated 3 June 2008 from the Assistant Area Housing Manager (North) to the appellant;

(iv)              letter dated 11 June 2008 from the appellant to the Director of Housing;

(v)                letter dated 17 June 2008 from the Assistant Housing Director (Operations) to the appellant.

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

(a)               the appellant had lived in the village in which the property was situated all of her life; her parents had lived in the village all of their lives; her grandparents had also lived in the village as had aunts and uncles; her son had all of his friends in the village;

(b)               the appellant’s parents had lived in the property for 66 years and the appellant had many happy memories of living in the property;

(c)               when the appellant’s mother had died in December 2005, the appellant had lived a quarter of a mile away in a rented property with her partner  ...  view the full minutes text for item 11.

Following consideration of an appeal at the last meeting, to receive a report on the reasons for that part of the policy not to allow vehicular crossovers at right angles to a property.

The Area Housing Manager returned to the meeting in order to explain the reasons for the Council’s policy to not allow vehicular crossovers at right angles to a property.

The Area Housing Manager circulated copies of photographs of the property which had been the subject of consideration at the last meeting of the Panel and had led to the request for an explanation of the Council’s policy.  The Panel noted having regard to the layout of the property, that a vehicular crossover at right angles to the property would be likely to cause problems in getting access to the property in an emergency since the front door of the property would be obstructed.  The Area Housing Manager advised that this issue had first arisen in an appeal case in 2001 when the policy had been revised to require that any parking within a front garden did not block the path to the front door of a property.

            RESOLVED:

            That the explanation of this aspect of the Council’s policy be noted.