(NB the appendix to 16/02047/PAMOD - Request to modify legal agreements attached to planning permissions 10/01247/FUL and 08/01941/FUL being land adjacent to Queens Hotel Clarence Parade and Osborne Southsea - appeal against non-determination is exempt so if members wish to discuss this, they will need to pass the resolution below)
That in the view of the contents of the following item on the agenda the committee is RECOMMENDED to adopt the following motions:
Firstly, in the event that the Committee wishes to open the appendix at the Committee meeting:
"That, under the provisions of Section 100A of the Local Government Act 1972 as amended by the Local Government (Access to Information) Act 1985, the press and public be excluded for the consideration of the following item on the grounds that the appendix contains information defined as exempt in paragraph 3, Part 1 of Schedule 12A to the Local Government Act 1972, and that paragraphs 8 and 9 of Part 1, Schedule 12A of the Local Government Act 1972 do not apply so as to prevent exemption, and, further, in all the circumstances the public interest in maintaining the exemption outweighs the public interest in disclosing the information"
Secondly, given the context of an appeal, it is considered expedient that the Committee receives legal advice attracting legal advice privilege:
"That, under the provisions of Section 100A of the Local Government Act 1972 as amended by the Local Government (Access to Information) Act 1985, the press and public be excluded for the purpose of receiving legally privileged information which defined as exempt in paragraph 5, Part 1 of Schedule 12A to the Local Government Act 1972, and that paragraphs 8 and 9 of Part 1, Schedule 12A of the Local Government Act 1972 do not apply so as to prevent exemption, and, further, in all the circumstances the public interest in maintaining the exemption outweighs the public interest in disclosing the information"
The public interest in maintaining the exemptions over the different types of information under paragraph 3 and paragraph 5 must be considered separately and then separately weighed against the public interest in disclosing the information.
In the event that the Committee wishes to review the appendix but finds that the public interest does not weigh in favour of maintaining the exemption under paragraph 3, it is RECOMMENDED that the item is deferred.
Under the Local Authorities (Executive Arrangements) (Meetings and Access to Information) England Regulations 2012, regulation 5, the reasons for exemption of the listed item is shown below. (NB the exempt appendix will contain information which is commercially, legally or personally sensitive and confidential and should not be divulged to third parties. Members are reminded of standing order restrictions on the disclosure of exempt information and are invited to return their exempt documentation to the Local Democracy Officer at the conclusion of the meeting for shredding).
Item Exemption Para Nos. *
13 - 16/02047/PAMOD- Request to modify legal agreements attached to planning permissions 10/01247/FUL and 08/01941/FUL, being land adjacent to Queens Hotel Clarence Parade and Osborne Southsea - appeal against non-determination - Exempt appendix
*3. Information relating to the financial or business affairs of any particular persons (including the authority holding that information).
*5. Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.