Decision Maker: Portfolio Holder for People - Adult Social Care, Health and Housing
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
That the Portfolio
Holder for People – Adult Social Care, Housing and Health resolves to make,
seek confirmation of and implement a compulsory purchase order (CPO) pursuant
to s226(1)(a) of the Town and Country Planning Act 1990 and the Acquisition of
Land Act 1981 and all other enabling powers in relation to 26 East Street,
Blandford Forum, Dorset, DT11 7DR which is shown edged red on the plan attached
at Appendix 1, for the purposes of improvement of the land.
That the Portfolio
Holder for People – Adult Social Care, Housing and Health resolves that the
Council seeks to acquire the land whether by compulsorily using the statutory
powers or by voluntary agreement.
That the Portfolio
Holder for People – Adult Social Care, Housing and Health delegates authority
to the Corporate Director for Housing and Community Safety to:
1.
To take all necessary steps to secure the
preparation, making, and submission to the Secretary of State for confirmation
and implementation of the CPO including (but not limited to) the publication
and service of all statutory notices; the investigation of and response to
objections (including the negotiation and completion of any necessary agreement
and undertaking in order to secure the removal of objections to the CPO); and
the presentation of the Council's case at any public inquiry or via written
representations and all other associated procedural steps.
2.
To acquire the Property whether by voluntary
agreement or compulsorily using the statutory powers section 226(1)(a) Town and
Country Planning Act 1990 and Acquisition of Land Act 1981
3.
To determine the form and contents of the CPO and
the statement of reasons accompanying the CPO and to finalise the same.
4.
Take all appropriate actions for making amendments,
modifications and deletions to the CPO and plan, including updates and
corrections to the draft as necessary to finalise and secure confirmation of
the CPO.
5.
Issue and serve any warrants to obtain possession
of the Property once acquired following execution of a General Vesting
Declaration or service of a Notice of Entry if it is necessary to obtain vacant
possession.
6.
Suspend or abandon the CPO proceedings or withdraw
the CPO in relation to all or part of the Property.
7.
Take necessary action to deal with all matters
relating to the payment of statutory compensation including, where required,
instituting, or defending proceedings.
8.
Take all other necessary action to give effect to
these recommendations.
Alternative
option 1:
Commence the
process to make an Empty Dwelling Management Order (EDMO) under the Housing Act
2004.
Option rejected.
An EDMO empowers
the Council to take over the management and letting (not ownership) of a
property for a maximum period of 7 years. This option has been discounted as it
will require the Council to pay for the complete renovation and improvement of
the property to current lettable standards and then arrange for its ongoing
management over this 7-year period. The property then has to be handed back to
the freehold owner. The rent received over this 7-year period is unlikely to
cover the cost of repairing the Property to a lettable standard.
Alternative
option 2:
Take no formal
action and continue to try and persuade the owner to bring the Property (“the
Owner”) back into use by informal means.
Option rejected.
The property has
been empty for at least 10 years and is having a
deleterious effect on the amenity of the area and generating complaints from
residents and local Councillors. During this time the owner has not engaged
with any approach or offer of assistance made by the Council to bring the
property back into use. When weighing up the powers available to the Council,
the rights of the local community and the rights of the owner, then it is no
longer appropriate to continue pursuing informal action in this case.
Consultees:
Portfolio Holder
for People – Adult Social Care, Housing and Health
Corporate Director
for Housing and Community Safety
Service Manager
Conservation Team
Legal Business
Partner – Regulatory
Development
Management and Enforcement Team
nplaw – external legal advisor who specialise in
CPO.
Valuation Office Agency (VOA)
Budget Implications:
Estimated cost of a
Compulsory Purchase Order:
Legal costs - The
fixed fee charged by nplaw (acting for the Council)
is £3,200 plus disbursements (If contested or if there are complications; legal
work will be charged at the hourly rate of £124 plus disbursements and it could
prove necessary to instruct Counsel)
District Valuation
costs £2750
Land Registry
Search & other costs £200
Newspaper Adverts
£2000
Likely Emergency
repair costs upon taking possession £4000.
Possession costs
(locksmith etc.) £150
Stamp Duty Land Tax
(dependant on land value at vesting)
Land
acquisition/market value: £125,000
Disturbance: £2,000
Basic Loss Payment:
£9,375
Surveyor’s fees:
£5,000
Total Compensation
£141,375
Compulsory purchase
compensation includes the market value of the property together with other
potential heads of claim. The current
value of the property is £125,000 as per a report from the Valuation Office
Agency. However, the valuation date for the purposes of compensation will be a
future date in the process and so the valuation will be dependent on property
and market conditions at that time. The total estimated compensation is
£141,375 as per the report from the Valuation Agency Office taking land value
together with other potential heads of claim (disturbance, basic loss payment
and fees)
Legal Implications:
The Council has the
power to make a Compulsory Purchase Order (CPO) under section 226(1)(a) of the
Town and Country Planning Act 1990 and the Acquisition of Land Act 1981 to
facilitate an improvement which will contribute to the promotion and
improvement of the economic, social, and environmental wellbeing of the area
and to submit the CPO to the Secretary of State for confirmation.
In submitting a CPO
to the Secretary of State for confirmation, parties with a legal interest have
the right to object. If objections are received and not withdrawn or
disregarded, the confirming minister will either arrange for a public local
inquiry to be held or, where all the remaining objectors and the acquiring
authority agree to it – arrange for the objections to be considered through a
written representation’s procedure. It may also be possible to agree an
undertaking with the objector securing a confirmed CPO on the basis that the
Council grants a final opportunity for the property to be renovated
voluntarily.
Any Conflict of Interest?
None
Reference Documents:
Guidance on Compulsory purchase process and The Crichel Down Rules (2019)
Dorset Council Plan 2020 to 2024
Publication date: 08/09/2023
Date of decision: 06/09/2023
Accompanying Documents: