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Decision details
Empty Homes Compulsory Purchase Programme
Decision status: Recommendations Approved (subject to call-in)
Is Key decision?: Yes
Is subject to call in?: No
Decisions:
The Head of Housing and Planning Services submitted a report to provide further information in relation to the Cabinet resolution sought to pursue compulsory purchase action on twenty seven privately owned empty homes as part of the empty homes strategy enforcement programme. The report set out details of the properties and the statement of reasons for resolving to use compulsory purchase powers in each case.
RESOLVED that –
1) Cabinet resolve to take formal action, by means of making compulsory purchase orders for twenty seven long term empty homes, being the addresses shown in the report, under compulsory purchase powers set out in Section 226 (1)(a) of the Town & Country Planning Act 1990 (as amended by the Planning and Compensation Act 2004);
2) Cabinet give authority to the Director of Regeneration or his delegated nominee to execute all relevant documentation required for the compulsory purchase of the twenty seven homes set out in recommendation 1 of the report, and;
3) Cabinet give authority to the Director of Regeneration or his delegated nominee to execute and complete the onward sale of the homes set out in recommendation 1 of the report, once they have been acquired
The reason for this decision was:
The matrix in appendix 1 of the report sets out why compulsory purchase powers should be used to help bring these homes back into use.
These are long standing empty homes and without compulsory purchase action, officers are of the view that these homes will continue to remain empty. Officers have spent time attempting to engage with the owners and assist them in bringing their empty homes back into use. These actions have not achieved the desired result and it is not believed that the homes will be returned to use without CPO action.
It is hoped that taking this action will demonstrate to the owners of empty homes that it is unacceptable to leave property empty for an unreasonable time. This action will demonstrate to owners of these empty homes that the council will take the necessary action to bring these back into use again for the benefit of the community.
In deciding to take compulsory purchase action regard has to be had to the provisions of Article 1 of the First Protocol to the European Convention on Human Rights and, in the case of dwellings, Article 8 of the Convention. The council has to weigh the human rights interest of public need as against private property rights and to consider that sufficient justification exists for the making of these compulsory purchase orders. By authorising these orders the council is therefore of the opinion that a compelling case exists in the public interest.
The Chief Legal Officer has advised that it is in the public interest that the detail of the properties and ownership should not be disclosed since the properties are the subject of report by reason of their being empty homes and disclosure of the detail would expose the properties to possible criminal activity as well as squatting and anti-social behaviour. Further, the council's negotiating position might be prejudiced by disclosure of details of valuation.
Report author: Andrew Palmer
Publication date: 09/07/2014
Date of decision: 07/07/2014
Decided at meeting: 07/07/2014 - Cabinet
- Restricted enclosure View reasons restricted
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