Wolverhampton City Council

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1 Agenda Item: 6E Wolverhampton City Council OPEN EXECUTIVE DECIION ITEM (AMBER) Cabinet REOURCE PANEL Date 13 EPTEMBER 2011 Portfolio(s) Originating ervice Group(s) COUNCILLOR P BILON/ REGENERATION AND PROPERITY EDUCATION AND ENTERPRIE Contact Officer(s)/ RICHARD LONG/ KEVIN MOORE/ MARK TAYLOR Telephone Number(s) Title EMPTY PROPERTY TRATEGY COMPULORY PURCHAE OF 319 DUDLEY ROAD, WOLVERHAMPTON, WV2 3JY KEY DECIION: IN FORWARD PLAN: NO NO RECOMMENDATION The Panel is recommended to: i) Make the following Compulsory Purchase Order under ection 17 of Part 2 of the Housing Act 1985: The Wolverhampton City Council (, Wolverhampton) Compulsory Purchase Order 2011 as shown on the plan attached. ii) To authorise the Interim trategic Director for Education and Enterprise on behalf of the Council to: a) Take all reasonable steps as soon as it is reasonably practical to secure the making, confirmation and implementation of the Order including the publication and service of all Notices and the presentation of the Council s case at any Public Inquiry. b) Acquire interests in the land within the Order either compulsorily or by agreement before or after making the Order. c) Approve agreements with land owners setting out the terms for the withdrawal of objections to the Order, and/or making arrangements for re-housing or relocation of any occupiers. d) Approve to the making of a General Vesting Declaration.

2 1. Purpose of the Report 319 DUDLEY ROAD, WOLVERHAMPTON, WV2 3JY 1.1 The purpose of this report is to request the Panel to authorise the making of a Compulsory Purchase Order under ection 17 of Part 2 of the Housing Act 1985 in respect of, Wolverhampton, and for negotiations to continue with the owner to purchase in advance of confirmation of the Order. 1.2 Following confirmation of the Order, approval is sought for the making of a General Vesting Declaration. 1.3 This decision is in support of Wolverhampton City Council s Empty Properties trategy Background 2.1 The principle of establishing a revolving fund to drive forward the Private ector Empty Property trategy was approved by Cabinet on 11 January The revolving fund provides for properties that are consistent with the trategy to be acquired under compulsory purchase powers, marketed for sale and brought back into residential occupation. The arrangements proposed for the property at, Wolverhampton are consistent with that trategy. 2.2 The property, highlighted on the attached map is an end terraced property and has been empty over 20 years. The property is detrimental to the area due to its derelict condition. 2.3 On 24 February 2009, Members endorsed the introduction of an Enforced ale procedure where properties had outstanding debts for works carried out in default. 2.4 On 2 February 2010 an Open Green Decision Notice authorised officers to progress the Enforced ale of. 2.5 In conjunction with the Empty Properties Team, Legal ervices progressed the procedure and a Notice under ection 103 (1) of the Law of Property Act 1925 was served on the owner on the 18 February The Notice effectively gave the owner 28 days to clear the debt. The Notice also effectively gave the Council the legal right to sell the property to recover the debt three months after the date of service. 2.6 The owner cleared the debt immediately prior to the Council arranging for the sale of the property by auction. 2.7 The owner of is a notoriously non-compliant landlord. In addition to owning a number of empty properties across the city, he is also the proprietor of an Estate/Letting Agency also based on Dudley Road, Blakenhall.

3 2.8 Contraventions of Housing tandards Legislation have occurred at a number of properties owned/managed by the agency/owner concerned. When these breaches are identified, it not unusual for the above mentioned owner/managing agent to remove the tenants in order to negate the Notices served. 2.9 In addition, the owner of consistently contravenes Building Regulations and Planning Conditions. For example, the roof space of has been converted for occupation without approval. 3. Future Use of the Property 3.1 The property is in an area of the City which has benefited from regeneration investment from both the Council and New Deal for Communities Funding. The dwelling is opposite the recently remodelled Phoenix Park and on an arterial route into the City, where the street scene has benefited from substantial investment. 3.2 In its current state, the property continues to be a source of concern to the Council, the Police and the Fire ervice as well as local residents and is likely to attract anti-social behaviour. 3.3 If the Compulsory Purchase Order is made in favour of the Council, the Council would seek to dispose of the property by tender, auction or private treaty. A condition of the sale would be that the property is brought back to a required standard of repair within a specified time limit. 4. Financial Implications 4.1 The Housing Capital Programme approved by Council on 13 July 2011 includes provision over the medium term for the Empty Property trategy. In the event of a Compulsory Purchase Order being made resulting in the Council acquiring the property, the costs will be met from this provision. 4.2 There are no exceptional circumstances in the case of as the owner has failed to comply with three Prevention of Damage by Pest Act Notices and a ection 215 (Town and Country Planning Act) Notice to tidy the land/ buildings. It will therefore not be necessary to pay the additional statutory 7.5% compensation payment if the Order is confirmed. [W/ /Q] 5. Legal Implications 5.1 ection 17 of the Housing Act 1985 empowers local housing authorities to compulsorily acquire land houses or other properties for the provision of housing accommodation. However the acquisition must achieve a qualitative or quantative housing gain. In order to make a Compulsory Purchase Order under this power and achieve successful confirmation the Council will need to show compliance with the requirements of the

4 relevant statutory provision and circular 06/2004 Compulsory Purchase and the Crichel Down Rules. Where there are objections to a Compulsory Purchase Order the matter may go forward to a public inquiry and specialist Counsel may need to be engaged to present the Council s case. [DR/ /Y] 6. Equal Opportunities Implications 6.1 Equality Implications will be considered throughout the process and in assessing the outcome. 7. Environmental Implications 7.1 This report has evidenced the neighbourhood sustainability impact and environmental blight that a long term dilapidated empty property can have in a locality and the impact non compliant owners/ landlords can have on the citizens renting from private sector housing landlords. It will allow a long term dilapidated empty property to be refurbished providing much needed sustainable accommodation as highlighted in the Housing Needs urvey (2007) and remove a potential magnet for anti-social behaviour and environmental blight. This will improve the appearance of the neighbourhood, enhancing property conditions and contribute to the regeneration of the City. 8. chedule of Background Papers An Action Plan to Deliver the Empty Property trategy 11/01/06; Private ector Empty Property trategy ; Wolverhampton Housing Needs urvey 2007; Private ector Empty Properties trategy Property Identified for Action 319 Dudley Road (Resources Panel) 29/03/2011; Proposal to introduce Enforced ale Procedure under the remit of the Empty Property trategy; Proposal to progress the Enforced ale Procedure on (Open Green Decision) 02/02/2010.

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6 THE WOLVERHAMPTON CITY COUNCIL (319 DUDLEY ROAD) COMPULORY PURCHAE ORDER 2011 This map is reproduced from Ordnance urvey material with the permission of Ordnance urvey on behalf of Her Majesty s tationery Office Crown copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings