Agenda item

Approval of Compulsory Purchase Action - Empty Properties

(Report of the Director of Adult and Housing Services. To be introduced by the Cabinet Member for Housing).  The report seeks approval the making of a Compulsory Purchase Order for properties detailed in the report.

 

 

Minutes:

Cabinet considered a report, introduced by the Cabinet Member for Housing, which sought authorisation to make a Compulsory Purchase Order (CPO) for twelve properties.

 

The Cabinet Member noted that this was a highly effective method of bringing properties back into use. Where similar action had been approved by Cabinet previously a significant proportion of the owners had taken action to bring properties back into use.

 

RESOLVED:

 

  1. That the submission of the twelve properties listed in paragraph 5.8 of the report to the Secretary of State for Communities and Local Government for a confirmed Order, under Compulsory Purchase powers, be authorised.

 

  1. That the Head of Legal Services be authorised to:

 

  1. Make and seal the Orders for submission to the Secretary of State for consideration and approval (including the service of any requisition notices necessary to establish interests in the property) and to carry out the statutory notification required.

 

  1. Confirm the Compulsory Purchase Order in the event of the Secretary of State returning the Order authorising the Council to do so.

 

  1. Prepare for, and represent the Council at, any public inquiry held following submission of the Order to the Secretary of State.

 

  1. Upon confirmation of the Compulsory Purchase Order proceed with acquisition of the property.

 

  1. In the event that any of the owner(s) undertake(s) in the form of a legally enforceable cross undertaking to bring the relevant property back into residential occupation and use within a reasonable timescale, to authorise the Head of Legal Services, in consultation with the Director of Adult and Housing Services, to enter into and enforce such an undertaking instead of proceeding with the CPO for the property in question.

 

  1. Act in relation to any other procedural matters that may arise in the normal course of the CPO process.

 

  1. That (subject to the confirmation of the CPO by the Secretary of State) approval be given to the disposal of the property to a Registered Provider where possible, or to an individual or private developer, with covenants to bring the property back into use as soon as possible.

 

  1. That the costs of the CPO to be met from the Capital Programme be authorised.

 

  1. That the recycling of the receipt from the disposal back to the capital programme budget for the continued private sector housing CPO programme be authorised.

 

Alternative Options Considered

All options have been tried and exhausted. Letters have been sent to the owners of the empty properties offering advice and grant aid.

 

Some of these properties have a debt outstanding to the Council which is being pursued under the Enforced Sales process. If the owner fails to pay, an Enforced Sale will be pursued and the property will be sold at auction. If they do pay but do not renovate the home and bring it back into use, the Council will proceed with a CPO.

 

Reasons for Decision

The properties contained in this report are owned by people who have failed to take action to bring them back into use despite letters and encouragement from the Council over a long period of time. These owners have been offered grant aid to help them financially and have not taken this offer up. The decision to CPO these properties will very likely result in several of these owners taking the appropriate action to repair and occupy the properties. This will not be achieved without this Cabinet decision and the powers which then follow. It is inevitable that a number of properties will be subject to full CPO action where possession is gained and the properties sold on to new owners who have demonstrated to have the financial means to restore and occupy.

 

 

 

Supporting documents: