Agenda and minutes

Housing Appeals and Review Panel - Thursday 6th September 2012 3.00 pm

Venue: Committee Room 1, Civic Offices, High Street, Epping

Contact: Graham Lunnun - The Office of the Chief Executive  Email: democraticservices@eppingforestdc.gov.uk

Items
No. Item

12.

MINUTES pdf icon PDF 69 KB

To agree the minutes of the meetings of the Panel held on 2 August 2012 (attached).

Minutes:

RESOLVED:

 

That the minutes of the meeting of the Panel held on 2 August 2012 be taken as read and signed by the Chairman as a correct record.

 

13.

SUBSTITUTE MEMBERS

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

Minutes:

It was noted that Councillor P Spencer was substituting for Councillor Mrs J H Whitehouse.

 

14.

DECLARATIONS OF INTEREST

To declare interests in any item on the agenda.

Minutes:

There were no declarations of interest by members of the Panel under this item.

 

15.

EXCLUSION OF PUBLIC AND PRESS

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):

 

Agenda Item No

Subject

Exempt Information Paragraph Number

6

Application No. 3/2012

1

 

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.

Minutes:

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 paragraph 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 Number

 

            6                      Application No 3/2012                         1

 

16.

APPLICATION NO. 3/2012

To consider the attached restricted report.

Additional documents:

Minutes:

The Panel was advised that Councillor D Stallan who was due to support the applicant at this meeting had been unavoidably delayed at work and would not be in attendance for at least half an hour.  Two members of the Panel advised that they had other scheduled commitments after the Panel meeting and that a delay of at least half an hour would result in them being unable to fulfil those other commitments.

 

The parties were invited into the meeting and the applicant was asked whether she wished to proceed with the review of her application in the absence of Councillor Stallan or whether she would prefer consideration of the matter to be deferred until another day when Councillor Stallan could be in attendance, accepting that the review would not be carried out within the 56 day statutory period.

 

The applicant indicated that whilst she would be happy to answer questions at this meeting she did not feel confident about presenting her own case and she asked the Panel to defer consideration of the matter to another day.

 

The Assistant Housing Options Manager (Homelessness) advised that he had no objection to deferment of the review.

 

RESOLVED:

 

That, taking account of the views of the applicant and the Assistant Housing Options Manager (Homelessness), consideration of the application for a review be deferred to enable the applicant to present her best possible case.