Agenda item

Report of the Director of Planning and Property attached.

Decision Made: (Unanimously)

That:

1.    The Interim Assistant Director of Property and Housing continue negotiations and seek to conclude terms to acquire the property by agreement, to avoid the need for a Compulsory Purchase Order (CPO).

2.    Subject to the outcome of negotiations, the use of powers of compulsory purchase and the making of an Order under Section 17 of the Housing Act 1985 and all other powers as appropriate for the compulsory purchase of land be approved.

3.    The Legal Services Manager be granted authority to take all necessary steps to secure the making, confirmation and implementation of the CPO, including the publication and service of all notices, and the presentation of the Council’s case at any Public Inquiry and the subsequent service of Notices to Treat and Notices of Entry or the execution of General Vesting Declarations.

4.    The Legal Services Manager be granted authority to negotiate and enter into agreements and undertakings, prior to or following the making of the Order, with any owners of any interest in the land affected by the Order and any objectors to the confirmation of the Order setting out the terms for the withdrawal of objections to the Order and to authorise the Interim Assistant Director of Property & Housing and Legal Services Manager to draft, agree and execute all necessary legal documents to record any such agreements and/or undertakings.

5.    The Legal Services Manager be granted authority to appoint suitable Counsel to advise and represent the Council at any Public Inquiry held in respect of the Order and to provide legal support to the project team through the process.

6.    Following the confirmation of the CPO or acquisition by agreement, the Interim Assistant Director of Property and Housing be granted authority to enter into negotiations with a purchaser, identified following a marketing exercise to be agreed in consultation with the Cabinet Member for Assets and Transformation, for the disposal and renovation of the property with minimal financial impact to the Council, to bring it back to a habitable condition for occupation.

7.    The Legal Services Manager be granted approval to execute all legal documentation that is considered necessary to give effect to the above.

The Cabinet considered a report of the Director of Planning and Property that provided an update on the property at 30 Rhodesway, Hoghton, Preston, PR5 0JY. The property posed a detriment to the environment and amenity of the local area and the report provided Cabinet with options of dealing with the property with emphasis placed on continued negotiations in hope of avoiding the need for a Compulsory Purchase Order (CPO).

Decision Made: (Unanimously)

That:

1.    The Interim Assistant Director of Property & Housing continue negotiations and seek to conclude terms to acquire the property by agreement, to avoid the need for a Compulsory Purchase Order (CPO).

2.    Subject to the outcome of negotiations, the use of powers of compulsory purchase and the making of an Order under Section 17 of the Housing Act 1985 and all other powers as appropriate for the compulsory purchase of land be approved.

3.    The Legal Services Manager is authorised to take all necessary steps to secure the making, confirmation and implementation of the CPO, including the publication and service of all notices, and the presentation of the Council’s case at any Public Inquiry and the subsequent service of Notices to Treat and Notices of Entry or the execution of General Vesting Declarations.

4.    The Legal Services Manager is authorised to negotiate and enter into agreements and undertakings, prior to or following the making of the Order, with any owners of any interest in the land affected by the Order and any objectors to the confirmation of the Order setting out the terms for the withdrawal of objections to the Order and to authorise the Interim Assistant Director of Property & Housing and Legal Services Manager to draft, agree and execute all necessary legal documents to record any such agreements and/or undertakings.

5.    The Legal Services Manager is authorised to appoint suitable Counsel to advise and represent the Council at any Public Inquiry held in respect of the Order and to provide legal support to the project team through the process.

6.    Following the confirmation of the CPO or acquisition by agreement, the Interim Assistant Director of Property & Housing is authorised to enter into negotiations with a purchaser, identified following a marketing exercise and agreed in consultation with the Cabinet Member for Assets and Transformation, for the disposal and renovation of the property with minimal financial impact to the Council, to bring it back to a habitable condition for occupation.

7.    The Legal Services Manager can approve and execute all legal documentation that is considered necessary to give effect to the above.

Reason(s) for Decision:

The CPO is necessary for the following reasons:

1.    The property has been vacant for over fourteen years, having been registered as empty since April 2002 on Council Tax records;

2.    The Council has sought to bring the property into acceptable use by way of negotiation to no avail;

3.    The Council has made repeated attempts to acquire the property by agreement;

4.    No works have been carried out to remedy the sub-standard condition and contribute to the property’s re-use for housing purposes, despite having highlighted its condition and its effect on adjoining and neighbouring properties; and

5.    The compulsory purchase will achieve a clear housing gain by bringing a sub-standard property back into residential use.

6.    The Council also considers there to be no other prospect of the property being brought back into residential use.

Alternative Options Considered and Rejected:

None.