Agenda item

Note – Essential Reference Papers ‘B’ and ‘C’ of this report are enclosed for Members only as they contain exempt information as defined by paragraphs 1 and 3 of Part I of Schedule 12A to the Local Government Act 1972.

That (A) the land comprising the property identified in the report submitted, be acquired by East Herts Council either with the voluntarily agreement of the owner or through a compulsory purchase process, with the purchase not proceeding only if the owner makes arrangements, to the Council’s satisfaction, prior to acquisition for the property to return it to residential use, such that the full costs can be met from (i) onward disposal of the property, (ii) reimbursement from the sub-regional PLACE (Private Lease Agreements for Converting Empties) programme and (iii) existing budgets, with any future need to allocate additional resources subject to future Member approval;

(B)     should a voluntary agreement to purchase the property be made, authority be delegated to the Property Manager, acting in consultation with the Head of Housing & Health, to carry out the necessary processes to acquire the property for an acceptable consideration;

(C)    should compulsory purchase be required:

(a) authority be delegated to the Head of Housing & Health to make a compulsory purchase order to be known as the District Council of East Hertfordshire (Property X [address to be given in the order], Bishop’s Stortford) 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;

(b) arrangements be made for the common seal of the Council to be affixed to the necessary documents;

(c) authority be delegated to the Head of Housing & Health in consultation with the Head of Legal and Democratic Services to make an application to the Secretary of State for confirmation of the Order;

(d) authority be delegated to the Head of Housing & Health in consultation with the Head of Legal and Democratic Services to confirm the Order following the passing of this responsibility from the Secretary of State;

(e) authority be delegated to the Head of Legal and Democratic Services to prepare for a Public Inquiry and defend the Order should objections be made and the matter requires a public inquiry to proceed;
 

(f)  authority be delegated to the Property Manager, acting in consultation with the Head of Housing & Health, to acquire the necessary interests in the land and property included in the confirmed compulsory purchase order by means of a general vesting declaration, for an acceptable consideration or on terms ordered by the Lands Tribunal; and

(D)    the property, if acquired, be sold on in the open market as soon as practicable and to enable this, the Property Manager be required to (a) arrange for such essential works to the property while it is in the Council’s possession so as to deal with any immediate issues of safety and security, (b) abate environmental nuisances, (c) prepare the property for marketing and (d) dispose of the freehold interest in the property, on the open market, by most suitable method to achieve best consideration on terms and conditions to be agreed with the Head of Strategic Finance.

The Leader reminded Members that Essential Reference Papers ‘B’ and ‘C’ of the report submitted contained exempt information as defined by paragraph 1 of Part I of Schedule 12A to the Local Government Act 1972.  It was intended to consider the matter in public, but she stated that the press and public could be excluded if Members wished to discuss any detail of the exempt information.  

The Executive Member for Health and Wellbeing submitted a report seeking authority for the acquisition of an empty property in Bishop’s Stortford Central ward either with the voluntary agreement of its owner or, if this was not possible, through the use of the Council’s compulsory purchase powers.  He outlined the housing need in the area, the current empty homes situation and the case history and work already undertaken to bring this property into residential use.

Finally, the Executive Member emphasised that a CPO would be the last resort, but that authorising this might prompt the owner’s co-operation.

The Executive approved the recommendations as now detailed.

RESOLVED - that (A) the land comprising the property identified in the report submitted, be acquired by East Herts Council either with the voluntarily agreement of the owner or through a compulsory purchase process, with the purchase not proceeding only if the owner makes arrangements, to the Council’s satisfaction, prior to acquisition for the property to return it to residential use, such that the full costs can be met from (i) onward disposal of the property, (ii) reimbursement from the sub-regional PLACE (Private Lease Agreements for Converting Empties) programme and (iii) existing budgets, with any future need to allocate additional resources subject to future Member approval;

(B)      should a voluntary agreement to purchase the property be made, authority be delegated to the Property Manager, acting in consultation with the Head of Housing & Health, to carry out the necessary processes to acquire the property for an acceptable consideration;

(C)      should compulsory purchase be required:

(a)           authority be delegated to the Head of Housing & Health to make a compulsory purchase order to be known as the District Council of East Hertfordshire (Property X [address to be given in the order], Bishop’s Stortford) 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;

(b)           arrangements be made for the common seal of the Council to be affixed to the necessary documents;

(c)            authority be delegated to the Head of Housing & Health in consultation with the Head of Legal and Democratic Services to make an application to the Secretary of State for confirmation of the Order;

(d)           authority be delegated to the Head of Housing & Health in consultation with the Head of Legal and Democratic Services to confirm the Order following the passing of this responsibility from the Secretary of State;

(e)           authority be delegated to the Head of Legal and Democratic Services to prepare for a Public Inquiry and defend the Order should objections be made and the matter requires a public inquiry to proceed;
 

(f)             authority be delegated to the Property Manager, acting in consultation with the Head of Housing & Health, to acquire the necessary interests in the land and property included in the confirmed compulsory purchase order by means of a general vesting declaration, for an acceptable consideration or on terms ordered by the Lands Tribunal; and

(D)      the property, if acquired, be sold on in the open market as soon as practicable and to enable this, the Property Manager be required to (a) arrange for such essential works to the property while it is in the Council’s possession so as to deal with any immediate issues of safety and security, (b) abate environmental nuisances, (c) prepare the property for marketing and (d) dispose of the freehold interest in the property, on the open market, by most suitable method to achieve best consideration on terms and conditions to be agreed with the Head of Strategic Finance.