Decision details

11.1

The Executive Director, Place, submitted a report seeking authority to make a Compulsory Purchase Order in respect of 45 Marchwood Road, Sheffield, S6 5LB (the Property) to allow it to be renovated and occupied.  There is demand for this type of property within the area. The Property is empty and has a particularly detrimental effect on the neighbourhood in this area. Compulsory Purchase is the most appropriate course of action.

11.2

RESOLVED: That Cabinet:-

(a)

in consultation with the Cabinet Member for Neighbourhoods and Community Safety, approves the finalising the attached draft Statement of Reasons, at Appendix 1 of the report;

(b)

delegates authority to the Director of Legal & Governance to make the CPO for the Order Land,and to take all necessary procedural steps prior to and after the making of the CPO, to enable the CPO to be submitted to the Secretary of State for confirmation, including:

• Amend the Statement of Reasons to delegate to the Director of Legal and Governance, in consultation with the Cabinet Member for Neighbourhoods and Community Safety; approval for the sale of the house to be sold back to the Council to allow it to be used for Social Housing;
• Serving notices of the making of the CPO on all persons entitled to such notice and placing all necessary notices in the press and on/around the Order Land;

·         Submitting the CPO to the Secretary of State for confirmation as soon as possible following making of the CPO; and

·         Self-confirming the CPO if authorised to do by the Secretary of State.

(c)

delegates authority to the Director of Legal & Governance to sign and serve any notices or documents necessary to give effect to these recommendations and to take all the other actions necessary to give effect to these recommendations;

(d)

as soon as the CPO is confirmed by the Secretary of State  or self -confirmed  where authorised by the Secretary of State, requests the Director of Legal and Governance to advertise the confirmation of the CPO and serve all necessary notices of the confirmation and once the CPO becomes operative, the Director of Legal & Governance, in consultation with the Executive Director, Resources, be authorised to execute General Vesting Declarations under the Compulsory Purchase (Vesting Declarations) Act 1981, at the earliest opportunity and to thereafter serve all necessary documents and notices of the vesting of the Order Land in the Council;

(e)

delegates authority to the Executive Director, Place, in consultation with the Director of Legal & Governance and the Executive Director, Resources, to manage the compulsory purchase process in accordance with all statutory requirements  and to otherwise promote or support the promotion of confirmation of the CPO including the preparation of and giving of evidence at any public inquiry;

(f)

delegates authority to the Chief Property Officer to agree terms for the acquisition of the Order Land and to instruct the Director of Legal and Governance to complete the necessary documents; and

(g)

approves that, upon the completion of the acquisition of the Order Land, where it is decided to dispose of the land, the Chief Property Officer  negotiates the disposal of the land and be authorised to instruct the Director of Legal and Governance to complete all the necessary legal documents for the completion of the disposal. 

11.3

Reasons for Decision

11.3.1

The property has been vacant since at least 2012 and is in a poor state of repair, attracting anti-social behaviour and is having a negative impact on the local community. There is a demand for this type of property within Sheffield and the Council has, with limited success, attempted to engage with the property owner, in an effort to get the property back into occupation, including offers to purchase the property by agreement.  In addition, particularly in respect of recent enforcement action taken by the Council, the owner has failed to take reasonable steps to make the property safe.  In those circumstances, as an option of last resort, the Council consider, to ensure the property is put back into occupation, that it is appropriate to seek a CPO in respect of the property.

11.4

Alternatives Considered and Rejected

11.4.1

Demolition

The Property is in a state of disrepair, empowering the Council to take various steps to remedy the problem, including renovation and demolition.  As the Property is a semi-detached house, the demolition option would not be practical as support is required to the adjacent property. Demolition will not result in the provision of housing as it is believed that it is unlikely the owner would rebuild should this option be taken.

11.4.2

Renovation

The Council’s Private Housing Standards team first visited the Property in December 2016 and found it to be vacant. From this date, the Council has not observed or received any information that the property has been occupied.  The owner has taken inadequate steps to prevent its deterioration despite the Council writing on several occasions to the owner to express their concern over the condition of the property and asking for the owner to explain his intentions for renovation and bringing the property back into occupation. Additionally, in March 2018, an Improvement Notice was served on the owner in order to remove Category 1 Hazards observed at the Property. No action has been taken in response to this notice as was noted during an inspection of the Property on 17 June 2019. It is therefore unlikely, should the Council do works in default, that this would result in the improvements to the Property being sustained. In those circumstances this option would be a poor use of limited resources and unlikely to achieve its purpose.

11.4.3

Empty Dwelling Management Orders

These orders enable the Council to effectively step into the shoes of the owner and manage the property. To utilise this option, the Council will need to apply to the First-tier Tribunal for authority to make an interim Empty Dwelling Management Order (EDMO), carry out significant repairs, prepare an appropriate statutory compliant tenancy agreement and, with the owner’s permission, let the Property and manage the tenancy. Further, if the owner did not agree to the Property being let, the Council would need to make a final EDMO, enabling it to let the Property without the owner’s permission. Given that regular complaints about the Property have been received from concerned neighbours since December 2016, it is felt that the time it would take for an EDMO process to be concluded would result in an unreasonable delay in removing the negative impact this Property has had on these neighbours and the local community.

11.4.4

Purchase by Agreement

The Council have actively pursued this option which would have enabled it to sell the Property at auction, so that it could be renovated and reoccupied. On 2 October 2018 and again on 17 July 2019, the Council wrote to the owner to offer to purchase the property by agreement. No response was received by the Council to these letters.

11.4.5

Compulsory Purchase

All attempts at working with the owner have failed, as detailed in the Statement of Reasons. Due to the owner’s failure to take proper action, the Property, for which there is a demand, has remained in a poor state of repair for a significant period and there is little prospect of it being brought back into occupation. For these reasons, Compulsory Purchase is the preferred option.

11.5

Any Interest Declared or Dispensation Granted

None

11.6

Reason for Exemption if Public/Press Excluded During Consideration

None

11.7

Respective Director Responsible for Implementation

Laraine Manley, Executive Director, Place

11.8

Relevant Scrutiny and Policy Development Committee If Decision Called In

Safer and Stronger Communities