I hereby give notice that an ordinary meeting of the Waiheke Local Board Swimming Pool Fencing
Exemption Committee will be held on:
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Date:
Time:
Meeting Room:
Venue:
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Friday, 8
August 2014
10:00am
Waiheke Local
Board Office
Oneroa Bowling Club
100 Ocean View Road
Allison Park
Waiheke Island
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Waiheke Local Board Swimming Pool Fencing
Exemption Committee
OPEN AGENDA
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MEMBERSHIP
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Chairperson
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John Meeuwsen
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Deputy Chairperson
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Beatle Treadwell
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Members
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Paul Walden
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(Quorum 2 members)
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Carmen Fernandes
Democracy Advisor
30 July 2014
Contact Telephone: (09) 373 6210
Email: Carmen.Fernandes@aucklandcouncil.govt.nz
Website: www.aucklandcouncil.govt.nz
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Waiheke Local
Board Swimming Pool Fencing Exemption Committee
08 August 2014
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ITEM TABLE OF CONTENTS PAGE
1 Welcome 5
2 Apologies 5
3 Declaration of Interest 5
4 Confirmation of Minutes 5
5 Leave of Absence 5
6 Acknowledgements 5
7 Petitions 5
8 Deputations 5
9 Public Forum 5
10 Extraordinary Business 5
11 Notices of Motion 6
12 Swimming Pool Fencing Exemption – Special Exemption (Section
6) Fencing of Swimming Pools Act 1987 7
13 Consideration of Extraordinary
Items
PUBLIC EXCLUDED
14 Procedural Motion to Exclude the Public 93
12 Swimming Pool Fencing Exemption – Special Exemption (Section
6) Fencing of Swimming Pools Act 1987
a. 11 Victoria Road South application 93
b. 11 Victoria Road Spa evaluation sheet complies 93
c. 218 Delamore Drive application 93
d. 218 Delamore Drive Spa evaluation sheet
complies 93
e. 60 Jellicoe Parade application 94
f. 60 Jellicoe Parade Spa evaluation sheet
complies 94
g. 142 Cowes Bay Road application 94
h. 142A Cowes Bay Road Spa evaluation sheet
complies 94
i. 6 McMillan Road application 95
j. 6 McMillan Road Spa evaluation sheet complies 95
2 Apologies
At the close of
the agenda no apologies had been received.
3 Declaration of Interest
Members are
reminded of the need to be vigilant to stand aside from decision making when a
conflict arises between their role as a member and any private or other
external interest they might have.
4 Confirmation of Minutes
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That the Waiheke Local Board Swimming Pool Fencing Exemption
Committee:
a)
Confirms the ordinary minutes of its meeting,
held on Friday, 14 February 2014, including the
confidential section, as a true and correct record.
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5 Leave of Absence
At the close of
the agenda no requests for leave of absence had been received.
6 Acknowledgements
At the close of
the agenda no requests for acknowledgements had been received.
7 Petitions
At the close of
the agenda no requests to present petitions had been received.
8 Deputations
Standing Order 3.20 provides for deputations. Those applying
for deputations are required to give seven working days’ notice of subject
matter and applications are approved by the Chairperson of the Board.
This means that details relating to deputations can be included in the
published agenda. Total speaking time per deputation is ten minutes or as
resolved by the meeting.
At the close of the agenda no requests to speak had been received.
At the close of the agenda no requests for deputations had been
received.
9 Public Forum
A period of time (approximately
30 minutes) is set aside for members of the public to address the meeting on
matters within its delegated authority. A maximum of 3 minutes per item is
allowed, following which there may be questions from members.
At the close of
the agenda no requests for public forum had been received.
10 Extraordinary Business
Section 46A(7)
of the Local Government Official Information and Meetings Act 1987 (as amended)
states:
“An item that is
not on the agenda for a meeting may be dealt with at that meeting if-
(a) The local authority by resolution so decides; and
(b) The presiding member explains at the meeting, at a time
when it is open to the public,-
(i) The
reason why the item is not on the agenda; and
(ii) The reason why the discussion of the item cannot be
delayed until a subsequent meeting.”
Section 46A(7A)
of the Local Government Official Information and Meetings Act 1987 (as amended)
states:
“Where an item
is not on the agenda for a meeting,-
(a) That item may be discussed at that meeting if-
(i) That item is a minor matter relating to the general
business of the local authority; and
(ii) the presiding member explains at the beginning of the
meeting, at a time when it is open to the public, that the item will be
discussed at the meeting; but
(b) no resolution, decision or recommendation may be made in
respect of that item except to refer that item to a subsequent meeting of the
local authority for further discussion.”
11 Notices of Motion
At the close of
the agenda no requests for notices of motion had been received.
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Waiheke Local
Board Swimming Pool Fencing Exemption Committee
08 August 2014
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Swimming
Pool Fencing Exemption – Special Exemption (Section 6) Fencing of Swimming
Pools Act 1987
File No.:
CP2014/15355
Purpose
1. The purpose of this report is to present to the Waiheke Local
Board Swimming Pool Fencing Exemptions Committee five applications for special
exemptions from some of the requirements of the Fencing of Swimming Pools Act
1987 (The Act).
Executive Summary
2. The Waiheke Local Board Swimming Pool Fencing Exemptions
Committee must conduct a hearing and consider each of the applications for
special exemption. The Committee must resolve to decline, grant or grant
subject to conditions, the exemptions sought.
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Recommendation/s
That the Waiheke Local Board Swimming Pool Fencing Exemption Committee:
a) Receives the report.
b) Receives the applications by:
i) Vladimir Kozak – 11 Victoria
Road South, Waiheke Island;
ii) Scott & Vicki St John –
218 Delamore Drive, Waiheke Island;
iii) Michael Clooney – 60 Jellicoe
Parade, Waiheke Island; and
iv) Phil Dent – 142A Cowes Bay
Road, Waiheke Island.
v) Bernard Fouke & Susan Ronn
– 6 McMillan Road, Waiheke Island
c) Determines each application, by
way of resolution, to:
i) grant the application for
special exemption as sought, or
ii) grant the application subject
to conditions, or
iii) declining the application for
special exemption sought
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Discussion
3. Each property, which is the subject of an application before
the Local Board, has been inspected by Auckland Council pool inspectors. In
each case, the swimming/spa pool fencing does not comply with that Act. The
details of non-compliance in each case vary and are specified in the
attachments to this report. Each applicant has chosen to seek a special
exemption from the requirements of the Act.
4. The purpose of the Act is stated to be “to promote the
safety of young children by requiring the fencing of … swimming pools”.
5. The Act requires pool owners to fence their pool with a
fence. Specific detail on the means of achieving compliance with the Act is
contained in the schedule to the Act. If a pool is not fenced with a complying
fence it is an offence under the Act, unless exempt.
6. An exemption can only be granted by the Local Board after a
consideration of the particular characteristics of the property and the pool,
other relevant circumstances and taking into account any conditions it may
impose. Then, only if “satisfied that an exemption would not significantly
increase the danger to young children”, can an exemption be granted.
7. Defining the immediate pool area will be relevant to
considerations concerning the property and the pool. The immediate pool area
means the land in or on which the pool is situated and as much of the
surrounding area that is used for activities or purposes related to the use of
the pool. The Act provides that the fence should be situated to prevent
children moving directly to the pool from the house, other buildings, garden
paths and other areas of the property that would normally be available to young
children.
8. Another common consideration for Local Boards in exemption
applications will be instances where a building forms part of the pool fence.
Where doors from a building open into the pool area, the Territorial Authority
may grant an exemption from compliance with clauses 8 to 10 of the schedule to
the Act. It may exempt if it is satisfied that compliance with the Act is impossible,
unreasonable or in breach of any other Act, regulation or bylaw, and the door
is fitted with a locking device that when properly operated prevents the door
from being readily opened by children under the age of 6 years. If the
Local Board is satisfied that a door within a wall in a building meets that
test, the Local Board must also be satisfied that an exemption would not
significantly increase the danger to young children.
9. When granting
a special exemption, the Committee may impose such other conditions relating to
the property or the pool as are reasonable in the circumstances (section 6(2)
of the Act). Issues to be considered include:
a. Will the
exemption be personal to the applicant so that on a sale of the property a new
owner will need to apply for a new exemption? This might be appropriate where
the personal circumstances of the applicant have been considered as a relevant
circumstance and had a bearing on the exercise of the discretion
b. Will the
exemption be granted for a fixed term and irrespective of changes of ownership
so that the exemption runs with the property?
c. Are there any other conditions which should be imposed, repairs to
existing fencing, or a requirement for more frequent inspection of the pool
(currently pools are inspected every three years).
10. Any exemption granted or condition imposed may be amended or
revoked by the swimming pool exemption committee by resolution. The rules of
natural justice would however dictate that this action should not be taken
without prior notice to the pool owner and allowing the pool owner an
opportunity to be heard
11. The recommendations contained within this report fall within
the Local Board’s delegated authority.
12. The Act enables an exemption to be granted from clauses 8 to 10
of the Act (doors in walls of buildings) if the Local Board is satisfied that
compliance with the Act is impossible, unreasonable or in breach of any other
Act, regulation or bylaw and the door is fitted with a locking device that when
properly operated prevents the door from being readily opened by children under
the age of 6 years.
13. The overarching consideration in terms of the Act is that a
resolution to grant an exemption may only be made after having regard to
the particular characteristics of the property and the pool, any other relevant
circumstances and any conditions it may impose, and only if it is satisfied that
such an exemption would not significantly increase the danger to young
children.
14. The Local Board may resolve to grant, grant subject to
conditions, or decline an application for special exemption. If an application
is declined the applicant will be required to fence their pool in accordance
with the Act.
15. The exemption hearing process under the Act does not trigger
the significance policy but it is an important statutory function.
16. The Council is committed to ensuring the Auckland is a safe
place for children to live and play in. Pool fencing issues have a strong
relationship with the Council’s strategic priorities for community safety.
Consideration
Local Board Views
17. The Local
Board is the decision maker in relation to exemption applications under the
Act.
Maori Impact Statement
18. This report
does not raise issues of particular significance for Maori.
General
19. Compliance
with the Act is a mandatory requirement for all pool owners unless exempt.
20. Council’s
pools inspectors have consulted with the applicants in each case. Applicants
have been made aware of the Council’s requirements to ensure fencing is
compliant with the Act. The applicants have elected to seek a special
exemption for individual reasons.
Implementation
Issues
21. The decision must be
made by resolution and contain conditions (if any).
Attachments
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No.
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Title
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Page
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aView
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11 Victoria Road South application
(Under Separate Cover) - Confidential
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bView
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11 Victoria Road Spa evaluation sheet
complies (Under Separate Cover) - Confidential
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cView
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218 Delamore Drive application
(Under Separate Cover) - Confidential
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dView
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218 Delamore Drive Spa evaluation
sheet complies (Under Separate Cover) - Confidential
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eView
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60 Jellicoe Parade application
(Under Separate Cover) - Confidential
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fView
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60 Jellicoe Parade Spa evaluation
sheet complies (Under Separate Cover) - Confidential
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gView
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142 Cowes Bay Road application
(Under Separate Cover) - Confidential
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hView
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142A Cowes Bay Road Spa evaluation
sheet complies (Under Separate Cover) - Confidential
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iView
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6 McMillan Road application (Under
Separate Cover) - Confidential
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jView
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6 McMillan Road Spa evaluation sheet
complies (Under Separate Cover) - Confidential
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kView
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Appendix - FOSPA
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11
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lView
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Appendix - NZS 8500-2006
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31
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Signatories
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Authors
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Margaret Lacey - Swimming Pool Fencing Officer
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Authorisers
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Ian McCormick - Manager Building Control
Judith Webster - Relationship Manager
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Waiheke Local
Board Swimming Pool Fencing Exemption Committee
08 August 2014
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Waiheke Local
Board Swimming Pool Fencing Exemption Committee
08 August 2014
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Waiheke Local
Board Swimming Pool Fencing Exemption Committee
08 August 2014
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Exclusion of the Public: Local Government Official
Information and Meetings Act 1987
That the Waiheke Local Board Swimming Pool Fencing
Exemption Committee:
a) exclude the
public from the following part(s) of the proceedings of this meeting.
The general
subject of each matter to be considered while the public is excluded, the
reason for passing this resolution in relation to each matter, and the specific
grounds under section 48(1) of the Local Government Official Information and
Meetings Act 1987 for the passing of this resolution follows.
12 Swimming Pool Fencing Exemption – Special
Exemption (Section 6) Fencing of Swimming Pools Act 1987 - Attachment a - 11 Victoria Road South application
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Reason for passing this resolution in relation to each
matter
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Particular interest(s) protected (where applicable)
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Ground(s) under section 48(1) for the passing of this
resolution
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The public conduct of the part of the meeting would be
likely to result in the disclosure of information for which good reason for
withholding exists under section 7.
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s7(2)(a) - The withholding of the information is necessary
to protect the privacy of natural persons, including that of a deceased
person.
In particular, the report contains.
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s48(1)(a)
The public conduct of the part of the meeting would be
likely to result in the disclosure of information for which good reason for
withholding exists under section 7.
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12 Swimming Pool Fencing Exemption – Special
Exemption (Section 6) Fencing of Swimming Pools Act 1987 - Attachment b - 11 Victoria Road Spa evaluation
sheet complies
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Reason for passing this resolution in relation to each
matter
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Particular interest(s) protected (where applicable)
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Ground(s) under section 48(1) for the passing of this
resolution
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The public conduct of the part of the meeting would be
likely to result in the disclosure of information for which good reason for
withholding exists under section 7.
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s7(2)(a) - The withholding of the information is necessary
to protect the privacy of natural persons, including that of a deceased
person.
In particular, the report contains.
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s48(1)(a)
The public conduct of the part of the meeting would be
likely to result in the disclosure of information for which good reason for
withholding exists under section 7.
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12 Swimming Pool Fencing Exemption – Special
Exemption (Section 6) Fencing of Swimming Pools Act 1987 - Attachment c - 218 Delamore Drive application
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Reason for passing this resolution in relation to each
matter
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Particular interest(s) protected (where applicable)
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Ground(s) under section 48(1) for the passing of this
resolution
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The public conduct of the part of the meeting would be
likely to result in the disclosure of information for which good reason for
withholding exists under section 7.
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s7(2)(a) - The withholding of the information is necessary
to protect the privacy of natural persons, including that of a deceased
person.
In particular, the report contains.
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s48(1)(a)
The public conduct of the part of the meeting would be
likely to result in the disclosure of information for which good reason for
withholding exists under section 7.
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12 Swimming Pool Fencing Exemption – Special
Exemption (Section 6) Fencing of Swimming Pools Act 1987 - Attachment d - 218 Delamore Drive Spa evaluation
sheet complies
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Reason for passing this resolution in relation to each
matter
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Particular interest(s) protected (where applicable)
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Ground(s) under section 48(1) for the passing of this
resolution
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The public conduct of the part of the meeting would be
likely to result in the disclosure of information for which good reason for
withholding exists under section 7.
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s7(2)(a) - The withholding of the information is necessary
to protect the privacy of natural persons, including that of a deceased
person.
In particular, the report contains.
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s48(1)(a)
The public conduct of the part of the meeting would be
likely to result in the disclosure of information for which good reason for
withholding exists under section 7.
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12 Swimming Pool Fencing Exemption – Special
Exemption (Section 6) Fencing of Swimming Pools Act 1987 - Attachment e - 60 Jellicoe Parade application
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Reason for passing this resolution in relation to each
matter
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Particular interest(s) protected (where applicable)
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Ground(s) under section 48(1) for the passing of this
resolution
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The public conduct of the part of the meeting would be
likely to result in the disclosure of information for which good reason for
withholding exists under section 7.
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s7(2)(a) - The withholding of the information is necessary
to protect the privacy of natural persons, including that of a deceased
person.
In particular, the report contains.
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s48(1)(a)
The public conduct of the part of the meeting would be
likely to result in the disclosure of information for which good reason for
withholding exists under section 7.
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12 Swimming Pool Fencing Exemption – Special
Exemption (Section 6) Fencing of Swimming Pools Act 1987 - Attachment f - 60 Jellicoe Parade Spa evaluation
sheet complies
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Reason for passing this resolution in relation to each
matter
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Particular interest(s) protected (where applicable)
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Ground(s) under section 48(1) for the passing of this
resolution
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The public conduct of the part of the meeting would be
likely to result in the disclosure of information for which good reason for
withholding exists under section 7.
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s7(2)(a) - The withholding of the information is necessary
to protect the privacy of natural persons, including that of a deceased
person.
In particular, the report contains.
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s48(1)(a)
The public conduct of the part of the meeting would be
likely to result in the disclosure of information for which good reason for
withholding exists under section 7.
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12 Swimming Pool Fencing Exemption – Special
Exemption (Section 6) Fencing of Swimming Pools Act 1987 - Attachment g - 142 Cowes Bay Road application
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Reason for passing this resolution in relation to each
matter
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Particular interest(s) protected (where applicable)
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Ground(s) under section 48(1) for the passing of this
resolution
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The public conduct of the part of the meeting would be
likely to result in the disclosure of information for which good reason for
withholding exists under section 7.
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s7(2)(a) - The withholding of the information is necessary
to protect the privacy of natural persons, including that of a deceased
person.
In particular, the report contains.
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s48(1)(a)
The public conduct of the part of the meeting would be
likely to result in the disclosure of information for which good reason for
withholding exists under section 7.
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12 Swimming Pool Fencing Exemption – Special
Exemption (Section 6) Fencing of Swimming Pools Act 1987 - Attachment h - 142A Cowes Bay Road Spa evaluation
sheet complies
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Reason for passing this resolution in relation to each
matter
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Particular interest(s) protected (where applicable)
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Ground(s) under section 48(1) for the passing of this
resolution
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The public conduct of the part of the meeting would be
likely to result in the disclosure of information for which good reason for
withholding exists under section 7.
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s7(2)(a) - The withholding of the information is necessary
to protect the privacy of natural persons, including that of a deceased
person.
In particular, the report contains.
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s48(1)(a)
The public conduct of the part of the meeting would be
likely to result in the disclosure of information for which good reason for
withholding exists under section 7.
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12 Swimming Pool Fencing Exemption – Special
Exemption (Section 6) Fencing of Swimming Pools Act 1987 - Attachment i - 6 McMillan Road application
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Reason for passing this resolution in relation to each
matter
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Particular interest(s) protected (where applicable)
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Ground(s) under section 48(1) for the passing of this
resolution
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The public conduct of the part of the meeting would be
likely to result in the disclosure of information for which good reason for
withholding exists under section 7.
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s7(2)(a) - The withholding of the information is necessary
to protect the privacy of natural persons, including that of a deceased
person.
In particular, the report contains.
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s48(1)(a)
The public conduct of the part of the meeting would be
likely to result in the disclosure of information for which good reason for
withholding exists under section 7.
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12 Swimming Pool Fencing Exemption – Special
Exemption (Section 6) Fencing of Swimming Pools Act 1987 - Attachment j - 6 McMillan Road Spa evaluation
sheet complies
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Reason for passing this resolution in relation to each
matter
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Particular interest(s) protected (where applicable)
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Ground(s) under section 48(1) for the passing of this
resolution
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The public conduct of the part of the meeting would be
likely to result in the disclosure of information for which good reason for
withholding exists under section 7.
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s7(2)(a) - The withholding of the information is necessary
to protect the privacy of natural persons, including that of a deceased
person.
In particular, the report contains.
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s48(1)(a)
The public conduct of the part of the meeting would be
likely to result in the disclosure of information for which good reason for
withholding exists under section 7.
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