Decision details

EXEMPT REPORT - COMPULSORY PURCHASE ORDER FOR PROPERTY KNOWN AS: 2 OVERROSS FARMHOUSE, 26 OVERROSS FARM, LEDBURY ROAD, ROSS-ON-WYE, HEREFORDSHIRE HR9 7BN

Decision Maker: Cabinet

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: Yes

Purpose:

To seek Cabinet approval to resolve to Compulsory Purchase Order for the property known as 2 Overross Farmhouse, 26 Overross Farm, Ledbury Road, Ross on Wye, Herefordshire HR9 7BN under powers contained under Section 17 (1) (b) of the Housing Act 1985 as amended, and the Acquisition of Land Act 1981 and all other enabling powers for housing purposes.

 

Decision:

THAT:

(a)          Herefordshire Council resolved to Compulsory Purchase Order the property known as 2 Overross Farmhouse, 26 Overross Farm, Ledbury Road, Ross on Wye, Herefordshire HR9 7BN in order to bring the property back into residential use;

(b)          the Assistant Director of Law Governance and Resilience be authorised to:

·           execute a General Vesting Declaration should the Compulsory Purchase Order be confirmed.

·           to the vesting of the property into Council ownership, subsequently offer the property for sale, with terms of sale to include covenants that the house is improved to Decent Homes Standards within a specified timescale.

(c)          That the Chief Officer Financial and Commercial be authorised to:

recover such administrative and other charges incurred in any purchase and subsequent sale of the property as permitted by the Compulsory Purchase regulations, together with any other outstanding charges on the property.

Reasons for the decision:

1.          It is considered that the Compulsory Purchase of this house under these powers is the most appropriate way of ensuring its improvement and subsequent occupation.

2.          This property is located in the market town of Ross on Wye in a residential cul-de-sac position and has stood vacant and neglected since at least 1977. It is a semi-detached property, but the adjoining property is occupied and the owner has been blighted by the poor condition of 2 Overross Farmhouse and is affected by the value and saleability of her own property. All attempts to encourage the owner to take steps that would see it ultimately repaired and brought back into use have failed.

The Herefordshire Local Housing Market Assessment, show the Net Housing Need for 2011-2016 for the Ross on Wye area is 271, with an estimated 93 requirements for 3 and 4 bed properties.

Alternative options considered:

1.          The owner has been offered extensive advice and assistance but has not made any progress in bringing the property back into use. He has expressed interest in selling the property to the Council at a price which is above market value.

2.          The property would not be suitable for an Empty Dwelling Management Order due to the large volume of work required to bring it into a habitable condition. The property is in derelict condition with no internal walls, floors, plumbing, wiring, glazed windows or fixtures and fittings.  

Failure to bring the property back into use will continue to be a detriment to the adjoining property and neighbourhood as well as the loss of a housing unit.

Publication date: 13/04/2012

Date of decision: 05/04/2012

Effective from: 18/04/2012