Agenda item

This report seeks Cabinet approval for the initiation of compulsory purchase proceedings in relation to a particular long-term empty property.

RESOLVED:       That Cabinet agree to:

(i)           Approve the use of Compulsory Purchase Orders under section 17 and Part XVII of the Housing Act 1985, and the Acquisition of Land Act 1981 for the purchase of the property and associated land identified in confidential Annexes C and D attached to the report, for the purposes of renovation and reoccupation as residential accommodation.

(ii)         Authorise the Head of Asset and Property Services to seek the purchase of the property by agreement in the first instance. 

(iii)        Authorise the Deputy Head of Legal Services to take the following steps in the event that purchase by agreement cannot be achieved:

a)           Take all necessary steps to secure the making, confirmation and implementation of the Compulsory Purchase Orders including the publication and service of all notices and the presentation of the Council’s case at any public enquiries.

b)           Suspend the Compulsory Purchase Order proceedings, or withdraw an Order, on being satisfied that the reported property will be satisfactorily renovated and re-occupied without the need to continue the purchase proceedings.

c)           Dispose of the property in accordance with the proposals set out in the report.

d)           Take all other necessary action to give effect to these recommendations.

(iv)       Authorise the purchase (if necessary), renovation and management of the property through the Housing Revenue Account (HRA).

REASON:       The property concerned has been vacant for a considerable number of years and continues to have a detrimental impact on the neighbourhood and individual residents.  All alternative avenues open to the Council to encourage the owner to bring the property back into use voluntarily have proved unsuccessful.  Acquisition followed by renovation and reoccupation through the Housing Revenue Account will help the Council respond to increasing housing need within the city and improve the quality of life for local residents.

Consideration was given to a report which sought Cabinet approval for the initiation of compulsory purchase proceedings in relation to a particularly long-term empty property.

This property had been empty for approximately 15 years and had been a source of nuisance and complaints from local residents and Councillors. Anti-social behaviour and criminal activity at the property had required the attendance of Police on a number of occasions. It was confirmed that all means of encouraging the owner to take action to bring the property back into use had failed.

Members attention was drawn to the Council’s new Empty Homes Strategy and Action Plan 2012-2015 prepared in 2011 which allowed the use of compulsory purchase powers, as a last resort, when all other endeavours had failed.

Consideration was given to the following options set out in further detail at paragraphs 14 to 20 of the report:

Option 1 – Take no further action with regard to the use of this power

Option 2 – Explore the use of alternative powers

Option 3 – Authorise the use of a Compulsory Purchase Order in the event that purchase by agreement cannot be achieved.

Cabinet Members reiterated the effect this property had on the local area and for the need to obtain re-occupation of empty homes.

RESOLVED:       That Cabinet agree to:

(i)           Approve the use of Compulsory Purchase Orders under section 17 and Part XVII of the Housing Act 1985, and the Acquisition of Land Act 1981 for the purchase of the property and associated land identified in confidential Annexes C and D attached to the report, for the purposes of renovation and reoccupation as residential accommodation.

(ii)         Authorise the Head of Asset and Property Services to seek the purchase of the property by agreement in the first instance.  ^1.

(iii)        Authorise the Deputy Head of Legal Services to take the following steps in the event that purchase by agreement cannot be achieved:

a)           Take all necessary steps to secure the making, confirmation and implementation of the Compulsory Purchase Orders including the publication and service of all notices and the presentation of the Council’s case at any public enquiries.

b)           Suspend the Compulsory Purchase Order proceedings, or withdraw an Order, on being satisfied that the reported property will be satisfactorily renovated and re-occupied without the need to continue the purchase proceedings.

c)           Dispose of the property in accordance with the proposals set out in the report.

d)           Take all other necessary action to give effect to these recommendations. ^2.

(iv)       Authorise the purchase (if necessary), renovation and management of the property through the Housing Revenue Account (HRA). ^3.

REASON:       The property concerned has been vacant for a considerable number of years and continues to have a detrimental impact on the neighbourhood and individual residents.  All alternative avenues open to the Council to encourage the owner to bring the property back into use voluntarily have proved unsuccessful.  Acquisition followed by renovation and reoccupation through the Housing Revenue Account will help the Council respond to increasing housing need within the city and improve the quality of life for local residents.