Agenda item

[Report of the Director for Environment and Neighbourhoods. To be introduced by the Cabinet Member for Housing and Estate Renewal.]

Approval is sought from Cabinet to present to the Secreatry of State the case to CPO 44 Cobham Road N22 and 29 Fairfield Road N8. If the Secretary of State agrees, an Order will be issued, the properties / land will be purchased and then sold on the open market.

The Leader of the Council introduced the report which sought approval from Cabinet to present to the Secretary of State the case to CPO 44 Cobham Road N22 and 29 Fairfield Road N8. If the Secretary of State agrees, an Order would be issued, the properties / land will be purchased and then sold on the open market.

The Leader described the interventions and communications taken forward once long term empty homes was identified and the evidence required to instigate a CPO process. It was clear from the report that the authority had made every effort to work with the owners of the empty homes and had failed to obtain a satisfactory response.

The Leader further commented that taking the CPO action outlined in the report will also prevent damage to adjoining properties and nuisance to the local community that could be caused if they remain empty with no maintenance.

Further to considering exempt information at item 23,

RESOLVED

1.    To authorise the submission of 44 Cobham Road N22 and 29 Fairfield Road N8 to the Secretary of State for Communities and Local Government for a confirmed Order, under Compulsory Purchase powers;

2.    To authorise the Assistant Director of Corporate Governance to:

(a)      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;

(b)      Confirm the Compulsory Purchase Order in the event of the Secretary of State returning the Order authorising the Council to do so;

(c)      Prepare for, and represent the Council at, any public inquiry held following submission of the Order to the Secretary of State;

(d)      Upon confirmation of the Compulsory Purchase Order proceed with acquisition of the property;

(e)      In the event that any of the owner(s) undertakes 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 Environment & Neighbourhoods to enter into and enforce such an undertaking instead of proceeding with the CPO for the property in question; and

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

3.    To approve (subject to the confirmation of the CPO by the Secretary of State) 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 practicable.

4.    To authorise the costs of the CPO to be met from the capital programme; and

5.    To approve the recycling of the receipt from the disposal back to the capital programme budget for the continued private sector housing CPO programme.

Reasons for decision

44 Cobham Road N22 has been through the CPO procedure and all avenues of informal and formal engagement with the owners of the property have been undertaken. The property continues to cause problems for the local community and the Police due to it being squatted, it is a constant source of complaints from local residents in relation to anti-social behaviour. The property has been the subject of a huge amount of Police and Council officer time dealing with the illegal occupants and their illegal activities. The property has once again become squatted.

29 Fairfield Road N8 in our view has been abandoned by its owner who has not been there for over 10 years. Its dangerous state is a cause of concern to residents and the public, the deterioration of the structure may cause it to collapse into either a communal alleyway or a rear garden of a neighbouring property.

There is no reasonable prospect of bringing the properties back into use without using CPO powers.

Alternative options considered

The CPO procedure is prescribed, comprehensive and lengthy, the ultimate aim is always to try and bring a property back into use with the involvement of its owner. The process follows several stages of intervention which are the steps we take before CPO is considered.

·         Identifying the owner.

·         Initial engagement, advice and guidance.

·         Supervision of progress.

·         A series of 5 letters are sent each letter building up to a final warning of the Council’s intentions to enforce. These letters can be withheld at any point if owners engage but are proceeded again if works stop.

·         Enforcement action against any nuisance such as pests etc.

·         In many cases boarding and or securing the property to make it secure from intruders.

·         Engagement with Council tax on debt owed and any possible enforced sale action.

·         Valuation of the property for the purposes of decision making, feasibility and market etc.[ details contained in the exempt appendix 2]

·         Final communication with the owner outlining next steps regarding the CPO approval.

All alternative options as stated in paragraph 5.1 have been used to try and bring these properties back into use. It is due to the lack of engagement throughout a lengthy CPO process that the Council officer has been left with no alternative than to take possession of the property, in order to tackle the ongoing issues that the properties pose. CPO is the last resort and is used when all other efforts have failed.