EXECUTIVE DECISION NOTICE Executive Summary

EXECUTIVE DECISION NOTICE

Executive Summary:

To seek approval to commence legal proceedings to obtain a Compulsory Purchase Order (CPO) on a property known as ‘The Old School House’, Sandford Orcas, Sherborne, DT9 4SA (a plan showing the position of the property is attached at Appendix 1) to bring a long term empty property back into use, which affects the amenity of the local environment and to provide a unit of accommodation.

Equalities Impact Assessment:

The decision does not include a new strategy/policy/function and there are no equality implications arising from this decision

Budget:

See above

Risk Assessment:

Having considered the risks associated with this decision using the Council's approved risk management methodology, it is the officer's opinion that there are no High risks that need to be reported.

Climate implications:

There are no climate implications arising from this decision

Other Implications:

Dorset Council’s Plan (2020 to 2024) aims to facilitate the availability of more affordable, suitable and decent housing, with one key objective being to bring long- term empty properties back into use.

Appendices:

Appendix 1 – plan showing the location of ‘The Old School House’, Sandford Orcas, Sherborne, DT9 4SA

Officer Contact:

Name:Richard Conway Title: Housing Standards Service Manager Tel: 01929 557267 Email: [email protected]

Name:Darren Sussex/Steve March Title: Senior/Environmental Health Officer Tel: 01258 484313 Email: [email protected] / [email protected] Key Issues

1) Empty properties are a wasted housing resource. Dorset has a shortage of housing for local people and dealing with empty properties is therefore reflected within the Dorset Council Plan 2020 to 2024.This aims to facilitate the availability of more affordable, suitable and decent housing, with one key objective being to bring long-term empty properties back into use.

2) As part of this longer term ambition, the Councils Housing Standards Team is pursuing a strategy to bring long term empty properties back into use. Over the years progress has already been made by Dorset Council (and the original sovereign authorities) through the provision of advice, guidance and loan assistance to property owners. However some properties such as ‘The Old School House’, have been empty for many years and there is sometimes little prospect that they will be brought back into use by ‘informal’ methods only.

3) ‘The Old School House’ is a 2 bedroom former village school house which has been converted to residential use and is rated for Council Tax purposes as a habitable dwelling. It has been empty for at least 9 years. The building is Grade II listed and is situated by the central cross roads at Sanford Orcas, a small, well-kept village 4 miles north of Sherborne.

4) Throughout this 9 year period the Council has received numerous complaints about the property from local residents and elected members at Dorset Council. These have ranged from the poor condition of the property, the effect the property is having on the area visually, its effect on neighbours and house prices, the wasted housing asset, and the overgrown nature of the plot. The property is in need of general renovation and in light of its listed status it is estimated that in the region of £100,000 of work maybe necessary to bring it up to a decent standard. Listed Building Consent (and planning permission) will almost certainly be required to be sought and approved prior to any renovation works.

5) Land Registry and Council Tax records were used to successfully establish the ownership of the property. The registered owner has been contacted on numerous occasions to bring the property back into use as a home. There is a pattern of temporary engagement, followed by limited activity and then no activity and a failure to respond to correspondence. Ultimately no progress has been made in renovating the property to create a home.

6) n addition it is understood that as of August 2020 there are considerable Council Tax arrears in respect of the property which obviously represents considerable lost income for the Council.

7) Officers have considered alternative courses of action including the use of an Empty Dwelling Management Order (EDMO) under the Housing Act 2004. An EDMO empowers the Council to take over the management and letting of a property for a maximum period of 7 years. This option has currently been discounted as it will require the Council to pay for the considerable cost of the complete renovation and improvement of the property to current lettable standards and then arrange for its ongoing renting and management over this 7 year period. The property is located in a small, rural village, which would make letting it as an affordable home problematic.

8) The Portfolio Holder for Housing should be aware that obtaining a CPO on this property does not commit the Council to purchasing it. Once an order is made the Council has the final option whether to execute it. If the order is executed, the property owner would be entitled to compensation equivalent to its value, as determined by an independent, formal valuation. It is estimated that the property is worth in the region of £150,000.

9) It is proposed that once a CPO has been obtained a further report will be submitted to agree the most appropriate course of action. These options may include purchasing the property at market rates and then immediate sale on the open market or auction.

10)The Council must also consider the human rights of the current property owner. While the human rights of the landowner would be effected by the making of a CPO (right to enjoyment of possessions and home), such interference is justified in the public interest because of the detrimental effect the property is having on the community, wider area and its residents.

11)A photograph of the property is shown below: Compulsory Purchase Order

Section 226 of the Town and Country Planning Act 1990

Statement of Reasons

A brief description of the order land and its location, topographical features and present use

‘The Old School House’ is a two bedroom former village school house which has been converted to residential use and is rated for Council Tax purposes as a habitable dwelling. It has been empty for at least 9 years. The building is Grade II listed (since 22/01/04 whilst in the present ownership) and is situated by the central cross roads at Sanford Orcas, a small, well-kept village 4 miles north of Sherborne.

An explanation of the use of the particular enabling power

Under section 226 of the Town and Country Planning Act 1990 a unitary council can acquire land compulsorily for development and other planning purposes as defined in section 246(1) including to facilitate an improvement which will contribute to the promotion and improvement of the economic, social and environmental wellbeing of the area.

An outline of the authority’s purpose in seeking to acquire the land

The property has been empty and unoccupied for at least 9 years. The Councils purpose in seeking to acquire the land compulsorily is to bring the property back into use as a home.

Empty properties are a wasted housing resource. Dorset has a shortage of housing for local people and dealing with empty properties is therefore reflected within the Dorset Council Plan 2020 to 2024.This aims to facilitate the availability of more affordable, suitable and decent housing, with one key objective being to bring long- term empty properties back into use

A statement of the authority’s justification for compulsory purchase, with regard to Article 1 of the First Protocol to the European Convention on Human Rights, and Article 8 if appropriate

In applying to the Secretary of State for a CPO, the Council need to demonstrate that the purposes for which the order is made justify interfering with the human rights of those with an interest in the affected land. Particular consideration should be given to the provisions of Article 1 of the First Protocol to the European Convention on Human Rights and, in the case of a dwelling, Article 8 of the Convention (see Appendix 2 for a brief summary)

There needs to be a balanced view between the intentions of the Council, the concerns of those with an interest in the land that it is proposing to acquire compulsorily and the wider public interest

1. The owner does not live in this property as their home or main residence. 2. The owner has made a choice to retain the ownership of the property, while not taking steps to improve it or dispose of it by sale on the open market.

3. The property has been empty for at least 9 years.

4. The property occupies a prominent position at a cross roads in the well-kept rural village of Sandford Orcas. This prominent position increases the affect it has on the amenity of the village.

5. The property is a listed building which due to its long term neglect is considered ‘at risk’. For this reason it has attracted investigation by the Councils Planning Enforcement Team as a ‘Listed Building At Risk’.

6. The property is inadequately maintained and visually is in a poor condition. It’s in need of complete renovation to make it suitable for habitation. The condition and appearance of the property has attracted investigation by the Councils Planning Enforcement Team with a view to considering enforcement action under section 215 of the Town and Country Planning Act 1990 (Power to require proper maintenance of land).

7. The gardens associated with the property are not well maintained leading to the appearance of an ‘eye sore’. An enforcement notice (section 215 of the Town and Country Planning Act 1990) can be used if the condition of the land (including buildings) are considered harmful to the amenity of the neighbouring area.

8. As of August 2020 the responsible person for the property is in considerable arrears with their Council Tax account, which represents a lost income for the Council and community at large.

9. Dorset has a shortage of housing for local people and it is considered that the rights and interests of the wider community to the enjoyment of their home and neighbourhood without the ‘blight’ of a long term empty property, including the wider wasted housing asset to the community, including the general loss of Council Tax payments to date, outweighs the right of the owner to maintain the property in an empty, unmaintained state. As such there is a compelling public interest to compulsorily acquire the property. Any interference with the human rights of the owner is legitimate as being in the public interest.

A description of the proposals for the use or development of the land

It is intended that once this property is acquired compulsorily it is likely to be sold without delay to an appropriate purchaser for renovation and occupation as a home.

This action will result in the improvement of the condition and appearance of the property, and the improvement and maintenance of the amenity of the area in which it is situated. It will also protect a listed building of local interest and of merit to the local community. What steps the authority has taken to negotiate for the acquisition of the land by agreement

The Councils Housing Standards Team has made numerous attempts over the last 9 years to engage with the property owner in attempting to bring it back into use as a home. This has included property visits, letters, Requisitions for Information, offers of financial assistance and loans and general advice.

The owner has been notified of the Councils intention to obtain a CPO for this property.

Any other information

If a public inquiry were held into objections to the CPO, the Council would refer to a range of documents including:

i. Housing Improvement Team, Housing Department, Enforcement Policy 2017 (Dorset Councils Partnership) ii. History of complaints and action regarding the property made by the Housing Standards Team, Planning Enforcement Team and Council Tax Team. iii. Relevant planning policies Appendix 1

Plan showing the location of The Old School House’, Sandford Orcas, Sherborne, Dorset, DT9 4SA.

Article 1 and 8 of the First Protocol to the European Convention on Human Rights

Summary

Article 1 of the First Protocol to the European Convention on Human Rights details a ‘Right to property’

 Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.

 The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties.

Article 8 of the First Protocol to the European Convention on Human Rights details a ‘Right to respect for private and family life’

 Everyone has the right to respect for his private and family life, his home and his correspondence.

 There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.