Agenda and minutes

Appeals Committee - Thursday, 27th August, 2009 2.00 pm

Venue: East Committee Room - Municipal Buildings, Earle Street, Crewe, CW1 2BJ. View directions

Contact: Carol Jones  Email: carol.jones@cheshireeast.gov.uk

Items
No. Item

6.

Declarations of Interest

To provide an opportunity for Members and Officers to declare any personal or prejudicial interests which they have in any item of business on the agenda.

 

 

 

Minutes:

Councillor M Asquith declared a personal interest in Case No. 1 on the basis that he had been the Ward Councillor for the appellant when a previous appeal had been considered by the former Cheshire County Council.

7.

Public Speaking Time/Open Session

In accordance with Procedure Rules Nos. 11 and 35, a total period of 10 minutes is allocated for members of the public to address the Committee on any matter relevant to its work.

 

Individual members of the public may speak for up to 5 minutes, but the Chairman will decide how the period of time allocated for public speaking will be apportioned where there are a number of speakers.

 

Note:  In order for Officers to undertake any background research, it would be helpful if questions were submitted at least one working day before the meeting.

Minutes:

In accordance with Procedure Rules Nos. 11 and 35, a total period of 10 minutes was allocated for members of the public to address the Committee on any matter relevant to its work.

 

There were no members of the public present and the Committee, therefore, proceeded to its next business.

8.

Minutes of Previous Meeting

To approve as a correct record the Minutes of the Meeting held on 30th July 2009.

Minutes:

RESOLVED:  That the minutes of the meeting held on 30th July 2009 be approved as a correct record and signed by the Chairman.

9.

Exclusion of Press and Public

The reports relating to the remaining items on the agenda have been withheld from public circulation and deposit pursuant to Section 100(b)(2) of the Local Government Act 1972 on the grounds that the matters may be determined with the press and public excluded.

 

The Committee may decide that the press and public be excluded from the meeting during consideration of the following items pursuant to Section 100(A)4 of the Local Government Act 1972 on the grounds that they involve the likely disclosure of exempt information as defined in Paragraphs 1 and 2 of Part 1 of Schedule 12A to the Local Government Act 1972 and public interest would not be served in publishing the information.

Minutes:

RESOLVED:

 

That the press and public be excluded from the meeting during consideration of the following item, pursuant to Section 100(A)4 of the Local Government Act 1972 on the grounds that it involved the likely disclosure of exempt information as defined in Paragraphs 1, 2 and 3 of Part 1 of Schedule 12A of the Local Government Act 1972, and the public interest would not be served in publishing this information.

10.

School Transport Appeals

To determine appeals against the decision of the Council not to offer assisted school transport.   A copy of the following policy is enclosed -

 

·                Under 16 School Transport Policy

 

Cases have been scheduled as follows –

 

2.00 pm

Case 1  

 

Pages  9 - 54

 

2.45 pm

Case 2

 

Pages  55 – 68

 

3.30 pm

Case 2

 

Pages 69 – 82

 

 

                

Minutes:

The Committee considered three appeals against the decision of the Integrated Transport Service not to allow assisted school transport, in accordance with the Council’s Transport Policy.

 

The appellant in Case 1 was not present, and the appeal was, therefore, heard in absentia.  The Presenting Officer outlined the Local Authority’s case and the Committee considered the appellant’s written evidence only.

 

In Case 2, the appellants and Presenting Officer were in attendance throughout consideration of the appeal. In Case 3, the appellant and Presenting Officer were in attendance throughout consideration of the appeal.

 

The Committee carefully considered the evidence presented to it both orally and in writing.

 

RESOLVED:

 

That

 

(1)       Case 1           the appeal be upheld;

(2)       Case 2           the appeal be refused; and

(3)       Case 3           the appeal be refused.

11.

Future Meetings

The meetings to be held on 24th September, 29th October and 26th November are being held at Westfields, Sandbach.  As agreed, if there are four or more cases, the meeting will start at 10.00 am; otherwise, the start time will revert to 2.00 pm.

 

 

Minutes:

It was noted that the meetings for the remainder of the year would be held at Westfields, Sandbach.