Issue - meetings

Note – Essential Reference Papers ‘B’ and ‘C’ are enclosed for Members only as they contain exempt information as defined in paragraphs 1 and 3 respectively.

1.      Information relating to any individual.

3.      Information relating to the financial or business affairs of any particular person (including the authority holding that information).

That (A) authority be given for the acquisition of the land comprising the property identified in the report submitted, either voluntarily or through a compulsory purchase process;

(B)     the Director of Neighbourhood Services be authorised to make a compulsory purchase order to be known as the District Council of East Hertfordshire (Property X, Hertford) Compulsory Purchase Order, under Section 17 of the Housing Act 1985, in respect of the land and property indicated on a map marked with the name of the Compulsory Purchase Order, where the words “Property X” will be replaced with the full address of the property;

(C)    the Director of Neighbourhood Services be authorised to fix the common seal of the Council to the necessary documents and make an application to the Secretary of State for confirmation of the Order;

(D)    the Director of Neighbourhood Services be authorised to confirm the Order following the passing of this responsibility from the Secretary of State;

(E)     the Director of Neighbourhood Services be authorised to acquire the necessary interests in the land and property included in the confirmed compulsory purchase order by means of a general vesting declaration, on terms to be agreed by the Director of Neighbourhood Services or on terms ordered by the Lands Tribunal;

(F)     the Director of Neighbourhood Services be authorised to determine and to follow the most appropriate course of action for the property following the options appraisal undertaken as set out in the revised Empty Homes Strategy 2016 to 2020, which may include an appropriate amount of works to be carried out to the property while it is in the Council’s possession to deal with issues of safety and security, to abate environmental nuisances and to prepare the property for marketing, the costs incurred in carrying out these works to be recovered from the rental income or resale price;

(G)    subject to the results of the options appraisal in (F) above, the Director of Neighbourhood Services be authorised to dispose of the freehold interest in the property, on the open market, by what he considers the most suitable method and otherwise on terms and conditions to be agreed by the Director of Neighbourhood Services; and

(H)    a budget based on the financial information in Essential Reference Paper ‘C’ of the report submitted, be set for undertaking this Compulsory Purchase Order.

In respect of this item, the Leader advised that two Essential Reference Papers contained exempt information as defined in paragraphs 1 and 3 of Schedule 12A of the Local Government Act 1972.  She expressed her desire for the matter to be considered in public, but that if any Member wished to refer to or discuss a specific element of the Essential Reference Papers, then the Executive would need to exclude the press and public from the meeting.

The Executive Member for Health and Wellbeing submitted a report seeking authority for the acquisition of an empty property either voluntarily or by the use of compulsory purchase powers. 

He detailed the history of the property in question and the complaints received from neighbours and the public expressing concern for the derelict condition and its negative impact on the surrounding area.  He also drew attention to the repeated attempts by Officers to engage with the owner.

The Executive noted the problem of empty properties in general and the potential for nuisance.  The Empty Homes Strategy would be reviewed by the Executive in December 2015.

In response to Members’ comments and questions, Officers clarified the process and reiterated that compulsory purchase powers would only be used as a last resort.  Members were invited to advise Officers of any empty properties they were aware of.

The Executive approved the recommendations as now detailed.

RESOLVED - that (A) authority be given for the acquisition of the land comprising the property identified in the report submitted, either voluntarily or through a compulsory purchase process;

(B)      the Director of Neighbourhood Services be authorised to make a compulsory purchase order to be known as the District Council of East Hertfordshire (Property X, Hertford) Compulsory Purchase Order, under Section 17 of the Housing Act 1985, in respect of the land and property indicated on a map marked with the name of the Compulsory Purchase Order, where the words “Property X” will be replaced with the full address of the property;

(C)      the Director of Neighbourhood Services be authorised to fix the common seal of the Council to the necessary documents and make an application to the Secretary of State for confirmation of the Order;

(D)      the Director of Neighbourhood Services be authorised to confirm the Order following the passing of this responsibility from the Secretary of State;

(E)      the Director of Neighbourhood Services be authorised to acquire the necessary interests in the land and property included in the confirmed compulsory purchase order by means of a general vesting declaration, on terms to be agreed by the Director of Neighbourhood Services or on terms ordered by the Lands Tribunal;

(F)       the Director of Neighbourhood Services be authorised to determine and to follow the most appropriate course of action for the property following the options appraisal undertaken as set out in the revised Empty Homes Strategy 2016 to 2020, which may include an appropriate amount of works to be carried out to the property while it is in the Council’s  ...  view the full minutes text for item 308