Issue - decisions

Authorisation to make a Compulsory Purchase Order on an empty home

28/06/2017 - Authorisation to make a Compulsory Purchase Order on an empty home

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.