REPORT TO: COMMUNITIES COMMITTEE ON 1 MARCH 2011

SUBJECT: PRESSURED AREA STATUS RENEWAL FOR ELGIN, AND RURAL AND NEW DESIGNATION FOR BUCKPOOL

BY: DIRECTOR OF COMMUNITY SERVICES

1. REASON FOR REPORT

1.1 This report advises the Committee of the outcome of the application to the Scottish Government for:

Renewal of pressured area status for Elgin, Lossiemouth and Forres Rural A new pressured area status designation for Buckpool,

1.2 This report is submitted to Committee in terms of the Council's Administrative Scheme relating to the development and implementation of the Council’s Strategic Housing Plans.

2. RECOMMENDATION

2.1 It is recommended that the Communities Committee:-

(i) notes the renewal of the Pressured Area Status designation for Elgin, Lossiemouth and Forres Rural;

(ii) notes the Pressured Area Status designation for Buckpool;

(iii) notes the actions taken to publicise these designations; and

(iv) agrees that Officers should consider the implications for pressured area status in following publication of the Scottish Governments guidance associated with the Housing (Scotland) Act 2010.

3. BACKGROUND

3.1 On 7 March 2006, the Council’s application for Pressured Area Status was approved by the then Scottish Executive and covered the areas of Elgin, Lossiemouth and Forres Rural. The Community Services Committee was advised of this on 5 April 2006 (Paragraph 6 of Minute refers).

3.2 On 17 February 2009, the Scottish Government approved the Council’s application for Pressured Area Status for Forres. The Communities Committee was advised of this on 24 March 2009 (Paragraph 8 of Minute refers).

3.3 On 18 May 2010, the Scottish Government approved the Council’s application for Pressured Area Status for Speyside and the Cairngorms National Park. ITEM:

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The Communities Committee was advised of this on 8 June 2010 (Paragraph 6 of Minute refers).

3.4 On 12 October 2010, the Communities Committee agreed that Officers submit and application to the Scottish Government for renewal of pressured area status for Elgin, Lossiemouth and Forres Rural as well as a new application for Buckpool in Buckie.(Paragraph 7 of the minute refers).

4. APPLICATION FOR RENEWAL OF PRESSURED AREA STATUS AND NEW DESIGNATION

4.1 The Pressured Area Status application was submitted to the Scottish Government on 27 October 2010. On 26 January 2011, the Scottish Government advised the Council that Scottish Ministers had approved the renewal of the existing Pressured Area Status designation for Elgin, Lossiemouth and Forres Rural i.e. Alves, Brodie, , Coltfield, Dallas, , Dunphail, Dyke, , , and ; and also approved a new designation for Buckpool, Buckie.

4.2 Moray Council now has 3 Pressured Area Status designations with different cessation dates:

Area Designation date Cessation date Forres 17 Feb 2009 16 Feb 2014 Speyside and CNP 18 May 2010 17 May 2015 Elgin, Lossiemouth, Forres Rural 27 January 2011 26 January 2016 and Buckpool

4.3 The Council has a statutory duty under section 23(5) of the Housing (Scotland) Act 2001 to notify the tenants directly affected that the designation has been made and the effects of the designation on their Right to Buy. The Housing and Property Service has:

written to all Council tenants in Alves, Brodie, Buckpool, Burghead, Coltfield, Dallas, Duffus, Dunphail, Dyke, Elgin, Findhorn, Hopeman, Kinloss, Lossiemouth and Rafford to advise them of the Pressured Area Status designation. advised RSLs with stock in these settlements who have the RTB, of the designation. publicised the designation via the Moray Council website.

4.4 In addition, an article will appear in the next Tenants Voice in April 2011.

4.5 The Council has a statutory duty under Section 23(4) of the Housing (Scotland) Act 2001 to notify prospective tenants of the implications of accepting a tenancy with a Pressured Area Status designation. Prospective tenants are routinely advised of the Pressured Area Status of any property they are offered in their offer letter. ITEM:

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4.6 The Housing and Property Service has revised and reissued the Pressured Area Status Briefing Note for Housing staff.

5. PRESSURED AREA STATUS AND THE HOUSING (SCOTLAND) ACT 2010

5.1 The Housing (Scotland) Act 2010 received Royal Assent on 9 December 2010. Chapter 2, Part 11 of the Act amends the previous provision as follows:

extends the designation period for pressured areas from 5 to 10 years. allows particular housing types as well as particular areas to be designated. allows local authorities rather than Ministers to designate, revoke or amend designations.

5.2 On 7 December 2010, Communities Committee considered the implications of the Housing (Scotland) Act 2010 for pressured area status (Paragraph 7 of minute refers). The Scottish Government has indicated its intention to publish guidance to assist local authorities in the implementation of the Act. Once this guidance has been published, Officers will be able to consider relative pressure on Council housing between house types and sizes, and will be able to present the Communities Committee with the findings. These findings will indicate whether further designations in Moray could be justified.

6. SUMMARY OF IMPLICATIONS

(a) Single Outcome Agreement/ Service Improvement Plan Increasing the supply of affordable housing in Moray is a key priority in the Council’s Single Outcome Agreement and the Local Housing Strategy.

(b) Policy and Legal None

(c) Financial implications The granting of Pressured Area Status will reduce the capital receipts receivable by the Council, but will maintain the rental income to the HRA.

(d) Risk Implications There are no risk implications arising directly from this report.

(e) Staffing Implications There are no staffing implications arising directly from this report.

(f) Property There are no property requirements/implications arising directly from this report.

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(g) Equalities There are no equalities issues arising directly from this report

(g) Consultations The Director of Community Services, the Head of Housing and Property, Principal Solicitor (Commercial and Conveyancing) Aileen Scott, Principal Accountant (Deborah O’Shea), the Asset Manager and the Housing Strategy and Development Manager have been consulted on this report and agree its contents.

7. CONCLUSION

7.1 This report advises the Communities Committee of the success of an application to the Scottish Government for renewal of pressured area status for Elgin, Lossiemouth and Forres Rural; and for a new pressured area status designation for Buckpool, Buckie; both of which last until 26 January 2016; and the follow up actions that have been taken. This report also advises the Communities Committee of proposals to carry out further analysis in relation to pressured area status and the Housing (Scotland) Act 2010, following publication of revised Scottish Government guidance.

Author of Report: Fiona Geddes, Housing Strategy Officer Background Papers: Held by author Ref: FG/