PAPER B2
REPORT TO CABINET
Date : 13 DECEMBER 2005
Title : COMPULSORY PURCHASE IN
ACCORDANCE WITH HOUSING RENEWAL STRATEGY
REPORT OF THE CABINET MEMBER
FOR CARE, HEALTH AND HOUSING
IMPLEMENTATION DATE : 23 December 2005
SUMMARY/PURPOSE
1.
A
decision is sought granting permission for the commencement of Compulsory
Purchase proceedings regarding empty properties in line with the Council
Housing Renewal Strategy. The properties the cabinet is asked to consider on
this occasion are 33 Orchard Road, Shanklin, Isle of Wight and 13 Cross Street,
Oakfield, Ryde, Isle of Wight
BACKGROUND
2.
Both these properties have been empty for many years. The
Council has been involved with 13 Cross Street Oakfield since 1992 and 33
Orchard Road Shanklin since 2001 although this property has been empty for
about nine years.
3.
Attached as background papers is a chronological list of contacts
in respect of both properties. Officers have expended much time in attempting
to negotiate with the owner of 13 Cross Street and the executor of 33 Orchard
Road. All offers of assistance and help have not been taken up. There has also
been involvement from Environmental Health and Planning.
4.
Whilst these properties remain empty they are having a
detrimental effect on the surrounding area and especially the immediately
adjoining properties. The owners of the adjoining properties have made
representations to officers.
5.
It is the considered opinion of the officers that there is no
justifiable reason for these two properties to continue to remain empty.
STRATEGIC CONTEXT
6.
The
return of empty properties is part of the Council’s Housing Strategy and the Housing
Renewal Strategy.
7.
Empty
property is also part of the Governments national policy of ensuring long term
empties are returned to occupation. It is a Best Value Performance Indicator
(BVPI)
8.
The
return of empty properties assists in providing much needed housing on the
Island.
CONSULTATION
9. The attached chronologies show the
amount of consultation that has taken place. This has been with the owner and
executor, elected members, valuers, structural engineers, planning, environmental
health, building control, legal, crime and disorder/safer communities and
adjoining owners.
FINANCIAL/BUDGET IMPLICATIONS
10. Both properties will be acquired at their current market value
and in their present state. Mr P Kingston FRICS of Kingston and Grist,
Chartered Surveyors have determined the value of each property as: 13 Cross
Street, Oakfield Ryde, £65,000 and 33 Orchard Road Shanklin £136,500. These
valuations will be confirmed or amended at the date of the compulsory purchase.
11.
Finance
of £200,000.00 has been included in the current financial year to purchase both
properties. It is part of the procedure that they are both bought and sold back
to back. The Council is able to recover its reasonable expenses. Potential
purchasers are not yet known but Medina Housing Association have been
approached in respect of 13 Cross Street Oakfield Ryde. 33 Orchard Road
Shanklin will be on the open market through a selling agent. Enquiries have been
received from potential purchasers.
12. If the recommendations of this report are accepted the selling
of both properties would be firmed up.
LEGAL IMPLICATIONS
13. Section
17 of the Housing Act 1985 empowers local housing authorities to compulsory acquire
land, houses or other properties for the provision of housing accommodation.
14. The
acquisition must achieve a quantitative or qualitative aim.
15. It
is acceptable for the compulsory purchases procedure to be utilised in respect of
empty properties as a last resort in situations where there appears to be no
other prospect of the property being brought into residential use.
16. Procedural advice relating to compulsory purchase is provided
within the Acquisition of Land Act 1981.
HUMAN
RIGHTS IMPLICATIONS
17. Consideration has been given to any human rights issues which
might be raised as a result of the proposed action, specifically to Article 8
and Article 1 of the first protocol.
18. Article 8 deals with the right an individual has to respect for
his private life and family life. This extends to include an individuals home.
The convention prohibits the interference by a public authority with the
exercise of this right except such as is in accordance with the law and is
necessary in a democratic society.
19. Article 1 of the First Protocol addresses the individuals
rights to the protection of property and states that every person is entitles
to the peaceful enjoyment of his possession, it is the intention that no one is
to be deprived of his possessions except when it is in the public interest to
do so.
20. There is no doubt that there will be a significant interference
with the rights of the owners of the properties. However having regard to the
public interest in the Housing Renewal Strategy, the Council corporate
objectives and the economic and environmental improvements which will result,
it is considered that the degree of interference is both justified and
proportionate to the legitimate aim of the Council and that to proceed is in
the public interest.
CRIME
AND DISORDER IMPLICATIONS
21.
The
crime and disorder issues apparent in respect of this proposal are mainly
identified as vandalism. 13 Cross Street Oakfield Ryde has attracted vandalism requiring
the windows to be boarded up. 33 Orchard Road Shanklin has some windows broken,
vandalism to the front boundary wall and both properties have overgrown gardens
affecting the adjoining owners.
22.
It
has been established through research that derelict properties attract
anti-social behaviour through unwanted attention, vandalism, squatters and
possible substance misuse.
OPTIONS
23. That the Council resolves to make a compulsory purchase order in
respect of the properties, 33 Orchard Road, Shanklin, Isle of Wight and 13
Cross Street, Oakfield, Ryde, Isle of Wight under section 16 of the Housing Act
1985. That the land as described herein is acquired.
24. That the on going correspondence be continued in the hope that
the owners of the property consent to return the properties to residential use.
25. That no further action is taken.
EVALUATION/RISK
MANAGEMENT
26. Of the
three options the only satisfactory way of resolving these long-term empty properties
is to proceed to compulsory purchase.
27. Correspondence
has not so far produced any movement by the owners and continuing with
correspondence is unlikely to bring these properties back into residential use.
28. No
further action will not bring the properties back into use and is likely to
result in complaints from the adjoining owners.
29. Possible
risks from taking compulsory purchase is
(i)
Orders not confirmed by
Secretary of State.
This
would mean that the Council could not proceed with compulsory purchase and
either continue in correspondence with the owners or resolve to take no further
action.
(ii)
Appeal(s) leading to
public inquiry.
Either
or both owners could lodge an appeal and this would likely lead to a local
inquiry with consequential delays and additional costs in appearing before the
Inspector with witnesses and evidence.
(iii)
Delay in selling on
properties.
This
would mean the Council would retain ownership of the properties until such time
as they were sold with insurance costs and interest on acquisition
finance.
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RECOMMENDATIONS
30. That the Council resolves to make a compulsory purchase order in
respect of the properties, 33 Orchard
Road, Shanklin, Isle of Wight and 13 Cross Street, Oakfield, Ryde, Isle of
Wight under section 16 of the Housing Act 1985. That the land as described
herein is acquired.
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BACKGROUND PAPERS
31. Chronology of events in respect of each property – 33 Orchard Road, 13 Cross Street
Housing Strategy
Housing Renewal Strategy
Correspondence
Valuations
Engineers report
Contact Point : Mr Ian Hookey, Housing Renewal Manager,
Housing & Community Support Division, 7 High Street, Newport, Isle of Wight
Telephone number: 01983 823051
e-mail: [email protected]
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MRS MARGARET HOWARD
Interim
Head of Adult and Housing Services
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CLLR DAWN COUSINS
Cabinet
Member for Care, Health and Housing
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