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EXECUTIVE DECISION NOTICE Executive Summary

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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’.
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