Agenda Item No_____12_______
ENFORCEMENT BOARD UPDATE
Summary:
This report provides an update to Cabinet Members on
the actions of the Enforcement Board since it was set
up in December 2012 to provide a cohesive
enforcement approach in respect of long term empty
properties and other difficult enforcement cases.
It is proposed that the Enforcement Board will report, as
part of the Annual Action Plan, updates on a quarterly
basis to the Performance and Risk Management Board
and on a six monthly basis to Cabinet.
In addition, issues of significance are discussed with
relevant Portfolio Members prior to action proceeding
and issues of a more local nature will be reported to
local members as appropriate to ensure that they are
kept informed.
Conclusions:
The development of the Enforcement Board and its
subsequent methods of working across Council services
have quickly started to make in-roads to a number of
long standing and difficult issues around both properties
and individuals/companies.
Progress on the wider backlog of long term empty
properties has been initially slower than planned, but it
is anticipated that the use of a bulk mailing process in
Revenues and Benefits will enable us to catch up
quickly.
Recommendations:
1. That Cabinet notes the progress made to
date by the Enforcement Board.
2. That future progress is reported to Cabinet
on a six monthly basis and Performance and
Risk Management Board on a quarterly basis.
3. That progress on enforcement issues
affecting specific wards is reported directly
to Local members.
Reasons for
Recommendations:
To fully inform members of progress on issues in their
Portfolios and wards.
Cabinet Member: Trevor Ivory
Wards affected: All
Nick Baker, Corporate Director
01263 516221, nick.baker@north-norfolk.gov.uk
1.
Introduction
1.1.
Members will recall that the Enforcement Board was set up to deal with long
term empty properties and to use all of the powers available to the Council,
across its services, to bring them back into use. Such action brings benefits
in a number of important areas. Firstly, the social benefit of ensuring the use
of housing stock is maximised. Secondly, the financial benefit, through the
New Homes Bonus, of bringing long term empty properties back into use. And
thirdly, the reduction in blight that long term empty properties bring to local
communities.
In addition, the Board is dealing with a number of individuals or companies
who are causing problems which require cross service action to provide a
long term solution. Whilst some of these relate to empty properties, others are
being targeted as a result of long term Council Tax and Business Rates
avoidance, wider planning and or commercial activities that give rise to
significant concern, again, across a number of Council service areas.
Whilst Members do not routinely sit at meetings of the Enforcement Board
because of legal sensitivities around enforcement decisions, where decisions
have a wider implication and/or risk, relevant members are involved in the
decision making process. Other decisions are taken under officer delegated
powers.
Clearly, however, where decisions have a wider corporate risk, then
CLT/Cabinet members are involved.
2.
Progress update
2.1.
Since its inception in December 2012 the Board has been meeting fortnightly
and good progress has been made across the full range of cases under
consideration.
2.2.
Long Term Empty Properties
As at October 2012, the Council had 887 long term empty properties, defined
as those which had been unoccupied for longer than six months, and which
appeared on our Council Tax Return. Clearly, these numbers constantly
change, as properties come back into use or reach the six month point.
The Council’s Housing Strategy, approved in November 2012 outlines a “3
letter” approach to owners of local term empty properties, to encourage them
to deal with the property, after which the Enforcement Board will take the case
on for action.
Because of the numbers of properties involved, it was envisaged that this
strategy would be delivered by the Council’s Housing team on an ongoing
basis but the difficulties in data sharing across services have meant that this
work was postponed. The Revenues and Benefits Team has now taken on
the bulk mailing of all owners of these properties. This is being piloted during
April/May 2013 with a view to getting all letters out as soon as possible
thereafter.
It is clear from the initial contacts we have had with property owners, that
there is a significant of under reporting of changes of ownership and or use of
some homes previously thought to be empty. Only by a concerted approach
to going through each record, will this position be resolved.
A number of empty properties were already known to the Council and owners
of these had generally been contacted by one or more Council service, so
were essentially ready for enforcement action.
Such action falls into a range of service areas’ responsibilities across the
Council and the action considered depends on the many reasons for
properties being empty in the first instance, some of which may require a very
sensitive approach. Such action however may include any of the following:

Recovery action for unpaid Council Tax

Housing Improvement Notices

Dangerous Structure Notices

Planning Enforcement

Works in default for non-compliance

Charging Orders

Enforced Sale

Compulsory Purchase
It should be noted that compulsory purchase is a last resort option and one
only favoured where there is a clear strategy for future use and where there
are not liabilities associated with the property which cannot be overcome.
As at 23 April, the Board has considered 47 long term empty properties. We
have taken positive action and/or investigation on 100% of them, with already
5 being sold/brought back into use and a further 42 still under action.
Table of Action - Please see Appendix C attached.
3.
Difficult Enforcement Cases
3.1.
As mentioned above, as well as the empty homes issues, these cases are
more complex in nature and range from properties causing long term or
significant blight, as opposed to merely being empty, through to people with
large and potentially deliberate debts to the Council. Often, a cross-service
approach is the only way forward and it is already being found that many of
these cases require very high levels of formal intervention, sometimes with
outside agencies.
3.2.
Case examples - Please see Appendix D attached.
4.
Future Working
4.1
Even at this early stage, it is clear that working across services to resolve
multi-disciplinary problems is having a very positive effect and officers are
seeking to build on this to provide a more efficient approach to such cases.
In addition, the work of the Board is starting to change the approach in some
service areas of the Council where regulation and enforcement; sometimes
due to other pressures, has not been seen as a high priority.
4.2
The cross service working enabled by the Board’s approach, allows the most
effective solution to be found to often complex individual cases. It also
encourages the most effective use of Council powers, under legal advice, to
provide a positive outcome, and challenges issues around officer delegation
and data protection.
4.3
A high proportion of the enforcement work has been focussed around the
private sector housing legislation, significantly increasing the workload in that
small team.
Following discussion with those in the team it had been agreed, due to the
similarities and overlap in work and In order to provide additional resilience,
that the two posts dealing with private sector housing enforcement will
transfer into Environmental Health.
4.4
Some officer delegation to undertake specific tasks is unnecessarily onerous
in some areas and the Board has already moved to provide wider delegation
for officers to act in areas outside their traditional roles and boundaries.
4.5
Data sharing across our different information systems is being identified as
both a problem, but also an opportunity and officers are working to put in
place processes that allow information to be better shared between services.
4.6
Outside agencies are also becoming involved in a number of cases and
again, a shared approach with them is proving invaluable. The use of external
local companies to provide expertise around structural surveys is already
allowing action to be taken more quickly and it is hoped to engage such work
on a retained contractual basis.
Officers have also been working closely with the Valuation Office, where
there have been historic problems with properties being taken out of Council
Tax banding with no reference to the Council; sometimes it would appear,
with the intention of owners avoiding payment of Council Tax or Business
Rates.
5.
Performance Management
5.1
With the required outcomes of the Enforcement Board being so closely linked
to the Corporate Plan, in terms of housing and financial issues, it is important
that we report on and manage the performance of the Board and its work.
It is therefore proposed that we will report, as part of the Annual Action Plan,
updates on an ongoing basis. In addition, it is suggested that Cabinet
reviews the work of the group at 6 monthly intervals with a further review by
Performance and Risk Management Board on a quarterly basis.
5.2
In addition, as many of the issues under consideration relate to matters of
concern to and complaints from local communities, Local Members are being
kept fully informed regarding progress on issues in their wards, except where
there are overriding legal or other reasons why not. This has been well
received so far by those Local Members affected.
6.
Conclusions
6.1
The development of the Enforcement Board and its subsequent methods of
working across Council services have quickly started to make in-roads to a
number of long standing and difficult issues around both properties and
individuals.
6.2
Progress on the backlog of long term empty properties in Housing has been
initially slower than planned, but it is anticipated that the use of a bulk mailing
process in Revenues and Benefits will enable us to catch up quickly.
7.
Implications and Risks
7.1
The use of the Council’s powers in different ways will almost certainly cause
some complaint from those who have not previously seen direct action from
the Council in respect of property issues.
It is therefore essential that we ensure both the technical and legal processes
used are sound and that, in terms of our reputation, our rationale for action is
clearly understood.
7.2
As has been stated above, a number of these properties give rise to local
blight and therefore expectation on the Council to resolve the issues. It is
important that we are seen to act in such cases, in order to resolve matters of
concern for local communities.
7.3
It is however, also important that we act sensitively in some cases (as has
been done), and that we adhere to our own Enforcement Policies in terms of
proportionality.
8.
Financial Implications and Risks
8.1
It is essential that the Council collects all that is due to it and addresses the
unfair situation of some individuals evading payment. The recent increase in
Council Tax to 150% on properties empty for over two years will provide an
incentive for owners to bring those properties back into use, but may also
provide an incentive for them to evade payment.
8.2
There is also a significant opportunity with long term empty properties, as
each one brought back into use attracts New Homes Bonus payments.
9.
Sustainability
There only sustainability implications directly resulting from the
recommendations considered in this report are around better use of existing
housing stock.
10.
Equality and Diversity
There are no sustainability implications directly resulting from the
recommendations or options considered in this report.
11.
Section 17 Crime and Disorder considerations
Some of the work being undertaken by the Board has a direct link to criminal
activity, and some empty properties have been associated with anti-social
behaviour, which of course will be removed when properties are brought back
into use.
Appendix C
Property
Issues
Action
56 Beeston Common,
Sheringham
Dilapidated, overgrown
garden
Empty for over 10 years
Enforcement action
threatened led to property
being cleared
Schedule of works agreed
with landowner.
Planning application for
future development of site
expected imminently.
55 Beeston Common,
Sheringham
Dilapidated, overgrown
garden
As above.
35-36 Beeston Common,
Sheringham
Extremely dilapidated
Empty for over 10 years
Surveyor instructed and
Schedule of works being
drafted.
Owner has agreed to
complete works.
1 and 2 Church Cottages,
West Runton
Dilapidated and in poor
repair
Housing Act Improvement
Notices served.
2-3 The Hill, Trunch
Dilapidated property
Housing Improvement Notice
drafted, currently suspended
due to Armed Forces
Community Covenant.
121 Mundesley Road, North
Walsham
Empty since 2007
Dilapidated, overgrown
garden
Squatters and anti-social
behaviour
Housing Prohibition Order
served and legal pressure
applied to owners leading to
sale.
New owner has commenced
works for private residence.
16 Peacock Lane, Holt
Overgrown garden
detracting from
neighbourhood amenity
Empty since January 2010
Housing Condition survey
planned to allow
Improvement Notice as
appropriate.
13 Britons Lane, Beeston
Regis
Empty since 2003
Unkempt garden detracting
from neighbourhood
amenity
Unpaid Council Tax
Final Council Tax Charging
Order obtained
Application made for
enforced sale.
19 Nelson Road, Sheringham
Unkempt garden detracting
Sold
from neighbourhood
amenity
Empty since approximately
2009
Council Tax arrears
Owners using as second
home and paying 100%
charge.
2 River Court, Hempton
Overgrown garden
detracting from
neighbourhood amenity
Empty since 2001
Housing Improvement Notice
served
Empty Dwelling Management
Order to be considered.
15 Calthorpe Close, Stalham
Overgrown garden
detracting from
neighbourhood amenity
Unoccupied for minimum of
6 year
Request for property to be
tidied complied with.
No further action due to
Armed Forces Community
Covenant.
Clarence House, The
Buttlands,
Wells next the Sea
Listed building in prime site,
in poor condition detracting
from neighbourhood
amenity
On Properties At Risk
Register
Housing Improvement
Notices being served in April.
36 Beck Close, Weybourne
Empty since October 2010
Housing defects
Untidy and overgrown
garden detracting from
neighbourhood amenity
Housing Improvement Notice
served, owner appealing and
Tribunal dated scheduled for
19 June.
22 All Saints Close,
Weybourne
Empty since approximately
2001
Untidy forecourt and garden
detracting from
neighbourhood amenity
Housing defects
Housing Improvement Notice
to be served imminently
Council Tax now at 150%.
2 Seastone Cottages,
Weybourne
Empty for 16 years
Dilapidated property with
significant defects
Housing Improvement Notice
served, owner appealing and
Tribunal dated scheduled for
19 June.
18 Wyndham Park, East
Runton
Empty since October 2011
Sold and now occupied.
9 Laxfield Road, Sutton
Empty since August 2011
Sold and now occupied.
43B Seaview Road,
Mundesley
Empty since September 2008
Interim Council Tax Charging
Order obtained for arrears,
hearing taking place in May.
3 Gorse Close, Mundesley
Empty since June 2011
Legal applying for Council Tax
Charging Order for arrears.
1 Angel Court, Cromer Road,
North Walsham
Empty since 2009
Property for sale.
33 Oak Street, Fakenham
Empty since approximately
April 2008
Property dilapidated
externally
Legal Team currently
establishing ownership and
intentions for property.
Former Shannocks Hotel,
High Street, Sheringham
Flats 1 and 2
Externally dilapidated
detracting from
neighbourhood amenity
Flat 1 – empty March 2011
Flat 2 – June 2010
Planning Enforcement Notice
served
Housing condition
inspections planned
imminently.
11 St Austin’s Grove,
Sheringham
Extremely dilapidated
internally and externally
Structurally dangerous
Property sold, renovation
currently underway
Occupation of property
expected November 2013.
Broadland Cottage, Station
Road, Hoveton (linked to
Broads Hotel)
Externally dilapidated
detracting from
neighbourhood amenity
Housing conditions
inspection planned.
Bottledene, Loop Road,
Trimingham
Dilapidated property and
unsafe housing conditions
Housing Prohibition Order
served.
37 St Giles Road, Swanton
Novers
Empty since 2001
Dilapidated and in poor
condition detracting from
neighbourhood amenity
Legal Team liaising with
owners in relation to
commencement of works to
bring property back into use.
Orchid Lee, Sandy Lane,
West Runton
Empty for approximately 15
years due to probate issues
Dilapidated condition
detracting from
neighbourhood amenity
Legal Team confirming
Probate and ownership.
Appendix D
Property
Issue
Action
Star Yard, Fakenham
Dilapidated garage in
dangerous condition
detracting from
neighbourhood amenity
Schedule of Works from
appointed surveyor now
received.
Building Act notices to be
served by end of May
2013.
57 Oak Street, Fakenham
Dilapidated commercial
property detracting from
neighbourhood amenity
As above.
Leighton House, 11-13 St
Mary’s Road, Cromer
Significant property in
extremely
dilapidated/dangerous
condition detracting from
neighbourhood amenity
Unfit for habitation
Previous pest infestations
Emergency Housing
Prohibition Order in place
to prevent occupation.
Surveyor and Structural
Engineer appointed and
Schedule of Works
received.
Building Act notices to be
served by end of May
2013 to secure
improvement.
Surf Shack, Sea Palling
Shack not suitable for
habitation but family living
on site
Planning and Housing are
working together to
resolve, initially informally.
Broads Hotel, Station
Road, Hoveton
Empty since approximately
2007
Derelict and dilapidated
with significant impact on
local amenity
Ongoing discussions with
owner to re-develop the
site.
Trafalgar Court,
Mundesley
Prominent ex hotel
converted into flats
A number of flats
unoccupied since 2010
Eyesore property in prime
location
Ongoing liaison between
Housing Enforcement and
Management Company
appointed by the land
tribunal.
Work progressing to
remedy Housing and Fire
Safety defects currently
subject of Prohibition
Notice.
Fletcher Hospital,
Roughton Road, Cromer
Empty ex hospital building
Current investigation
centres on potentially
dangerous property in
terms of unauthorised
access.
48-50 Bacton Road, North
Walsham
Derelict building plot
detracting from
neighbourhood amenity
Currently under
investigation to ascertain
whether Planning or
Building Act notices most
appropriate.
Former Fishmongers
Shop, Market Place,
North Walsham
Empty commercial property
detracting from
neighbourhood amenity and
causing pest control
problems
Work progressing to bring
back into use.