Decision details

Compulsory Purchase Order - Empty Property - NOW PUBLISHED

Decision Maker: Cabinet

Decision status: Recommendations Approved

Is Key decision?: Yes

Is subject to call in?: No


Cabinet considered a proposal to make a Compulsory Purchase for 72 Hilltop Road, Dronfield, which was a long-term empty property.


Members discussed the reasons for the proposed Compulsory Purchase Order and the benefits that this would have for the local community.


RESOLVED - That Cabinet agreed:


(1)            To make the North East Derbyshire District Council (72 Hilltop Road, Dronfield) Compulsory Purchase Order 2023 (the “CPO”) under section 17 of the Housing Act 1985 of land and rights within the area edged red on the Order Map (the Order Land) at Appendix 2 for the purposes of enabling the refurbishment of the Property for one of the purposes set out in section 17(1) of the Housing Act 1985 and


(2)      That the Director of Finance and Resources (S151 Officer) in consultation with the Assistant Director of Governance and Monitoring Officer be authorised to effect the making, confirmation, and implementation of the CPO and to take all necessary steps to give effect to the CPO in respect of the Order Land included, but not limited to, the following procedural steps:


a)          finalising the Statement of Reasons (at Appendix 1) setting out the Council's reasons for making the CPO;


b)          making the CPO, the publication and service of any press, site and individual notices and other correspondence for such making;


c)          acquiring all interests and new rights within the Order Land as may be necessary to facilitate the redevelopment of the Property either by agreement or compulsorily, including entering into negotiations with any third parties for the acquisition of their land interests; the payment of compensation and dealing with any blight notices served in connection with the CPO;


d)          approving agreements with landowners or statutory undertakers as applicable, setting out the terms for withdrawal of any objections to the CPO, including where appropriate seeking exclusion of land from the CPO;


e)          making any necessary additions, deletions, or amendments to the Order Land and to seek any requisite modifications to the CPO Order and any CPO Order Map.


f)            the preparation and presentation of the Council's case at any Public Inquiry which may be necessary.


g)          seeking confirmation of the CPO by the Secretary of State (or, if permitted, by the Council pursuant to Section 14A of the Acquisition of Land Act 1981) (the 1981 Act);


h)          publication and service of notices of confirmation of the CPO and thereafter to execute and serve any general vesting declarations and/or notices to treat and notices of entry, and any other notices or correspondence to acquire those interests within the area, including, if required, High Court Enforcement Officer notices; and


i)            referral and conduct of disputes, relating to compulsory purchase compensation, to the Upper Tribunal (Lands Chamber).


(3)            That the Director of Finance & Resources (S151 Officer) in conjunction with the Portfolio Holder for Housing and Communities be authorised to further appraise and consider potential options for the use or disposal of the specified long-term empty property and associated land following its purchase and to determine and implement the most appropriate option.


REASONS FOR DECISION  To achieve both a quantitative and qualitative housing gain to an area of the District, providing an additional unit or units of residential accommodation that could be occupied and significantly increasing the amenity of the Property and the residential area surrounding it.


Failure to secure the CPO would result in further dilapidation to the Property and further complaints from local residents, and the CPO would enable the Property to be brought back into use, either as one or two dwellings.


OTHER OPTIONS CONSIDERED AND REJECTED – Other options were considered but rejected for the reasons specified in the report.  One of the alternative options considered was to not proceed with the CPO and to continue to work with the executor.

Report author: Jayne Dethick

Publication date: 03/03/2023

Date of decision: 02/03/2023

Decided at meeting: 02/03/2023 - Cabinet

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