Agenda item

Report of the Director of Streetscene and Regulatory Services

The Cabinet considered a report of the Director of Streetscene and Regulatory Services which provided an update on planning enforcement action undertaken to date under s.215 & s.219 of the Town and Country Planning Act 1990 (as amended) (the Act) in relation to the following long term empty properties:-

4 Astley Avenue, CV6 6EY.

37 Howcotte Green, CV4 8BP.

96 Humber Road, CV3 1BA.

216 Humber Road, CV3 1BH.

155-155B St Georges Road, CV1 2DH.

The properties listed above were initially brought to the attention of the Council as they were overgrown and in very poor condition. Site inspections revealed that all the properties were empty and had not been occupied for a considerable period. Officers undertook extensive enquiries to identify and engage with the owners, however in each case the registered owners are either deceased or untraceable.

Section 215 of the Act permits a local planning authority to act against the owner of any land or building where it appears to the local planning authority that the amenity of the area is adversely affected by the condition of the land or building. Given the condition of the properties and the serious adverse impact that was resulting to the amenity of the area, s.215 Notices were served directly on the properties, and to all other known addresses and interested parties. No response to these Notices was received.

Section 219 of the Act provides powers for the local planning authority to take ‘direction action’ or ‘works in default’ to ensure compliance with an extant s.215 Notice. The cost of carrying out works in default is registered as a charge against the property on the Local Land Charges Register. Due to the continuing deterioration of the properties and the failure of any owners or interested parties to come forward, works in default were undertaken by the local planning authority to secure the properties, improve amenity and achieve compliance with the Notices.

To date no owners or other parties who can demonstrate they have a legal interest in the properties have come forward, and currently the local planning authority are managing the properties and undertaking annual maintenance works to ensure that amenity is not adversely affected. Several of the properties have been subject to anti-social behaviour and criminal gang activity which has place further financial and resource burdens on the local planning authority, details of which were contained in the report.

Given the time that has elapsed since officers first sought to identify and engage with owners, and the continuing costs involved it is clear that continuing to maintain these properties as ‘empty’ is unstainable, and they will continue to have considerable adverse impact on the amenity of the locality and the occupiers of adjacent properties unless they are refurbished and reoccupied.

The Council has recently adopted an Empty Dwellings Strategy which seek to improve neighbourhoods and create better environments for local communities; reduce vandalism and anti-social behaviour; and help meet housing need by providing additional housing options for the local community, by reducing the number of long-term vacant dwellings in Coventry to a practical minimum.

It is considered that the local planning authority should utilise its Compulsory Purchase Order (CPO) powers under s.226(1)(a) of the Town and Country Planning Act 1990 (as amended by s.99 of the Planning and Compulsory Purchase Act 2004).  The report indicated that, given the history to these properties and the substantial public benefits that will result from refurbishment and bringing the properties back into use as dwelling houses, the Councils powers of compulsory acquisition can be justified in accordance with the terms set out in the CPO Government Guidance.

The report outlined further actions to be taken to make CPOs, and, subject to the confirmation of the Orders by the Secretary of State for Levelling Up, Housing and Communities; to secure the improvement, proper management, and occupation of the properties as residential dwellings. This will be achieved either through the subsequent retention of the properties by the Council for use as temporary accommodation (if considered financially viable to do so and subject to the consideration of an appropriate business case); the transfer of the properties to a Registered Social Landlord (if considered financially viable to do so); or through sale at auction with conditions requiring the new owner to refurbish the property and return it back to occupation within a specified period.

RESOLVED that the Cabinet:-

1)  Endorse the actions taken to date as outlined in the report.

2) Authorise the proposed actions to be taken under delegated powers as set out at paragraph 2.5 of the report by the Director of Streetscene and Regulatory Services and the Chief Legal Officer.