Agenda item

To consider the Solicitor to the Council’s Report No. LEG1514 (copy attached), which seeks authority to initiate compulsory purchase proceedings in relation to a long term empty property. 

The Cabinet considered the Solicitor to the Council’s Report No. LEG1514, which sought approval for the initiation of compulsory purchase proceedings in relation to No. 102 St. George’s Road, Aldershot.

Members heard how the property had not been occupied for around fifteen years and was in a poor state of repair. The current owner had inherited the property in January 2000 but had never lived there. His exact whereabouts were unknown and attempts to trace him had been unsuccessful. It was noted that Council Tax arrears in respect of the property exceeded £10,000. It was reported that the use of compulsory purchase powers in respect of long-term empty properties in the Borough was contained within the Council’s Housing and Homelessness Strategy 2011-2016. The objective was to bring empty homes in the private sector back into use as quickly as possible. It was noted, however, that the use of this power was as a last resort when all other endeavours to persuade, encourage or enforce action to facilitate reoccupation had failed. It was considered that, with complaints having been received from the adjoining owner regarding damp and mice problems, the proposed action was the only reasonable means available to achieve renovation and reoccupation. Upon acquisition of the property through the compulsory purchase procedure, the market value of the property would then need to be paid into Court, assuming that the owner had not made contact. It would then be for the Council to decide how to dispose of the property and whether or not to renovate the property prior to disposal.

In discussing the proposal, the Cabinet was assured that the Council Tax arrears would be guaranteed to be paid from the proceeds of the disposal of the property.

The Cabinet RESOLVED that

(i)        the making of a Compulsory Purchase Order, under section 17 and Part XVII of the Housing Act 1985 and the Acquisition of Land Act 1981, for the purchase of No. 102 St. George’s Road, Aldershot, shown shaded grey on the plan in confidential Appendix A of the Solicitor to the Council’s Report No. LEG1514, be approved, to enable its renovation and reoccupation as residential accommodation;

(ii)       the Solicitor to the Council be authorised, if contact with the owner can be established, to seek the purchase of the property by agreement, in the first instance;

(iii)      the Solicitor to the Council be authorised to take the following steps in the event that purchase by agreement cannot be achieved:

-       take all necessary steps to secure the making, confirmation and implementation of the Compulsory Purchase Order, including the publication and service of all notices and the statement of reasons for making the order and the presentation of the Council’s case at any public enquiry;

-       suspend the Compulsory Purchase Order proceedings, or withdraw an Order, on being satisfied that the reported property will be satisfactorily renovated and reoccupied without the need to continue the compulsory purchase proceedings;

-       dispose of the property in accordance with the proposals set out in the Report;

-       take all other necessary action to give effect to the recommendations contained in the Report; and

 (iv)     the Head of Financial Services be authorised to make the payment of appropriate compensation for the acquisition of the property and take all necessary action to recover the compensation from the sale of the property.