Cabinet 31 October 2011 Agenda Item No_______9_____ ACTION ON EMPTY HOMES Summary: At the present time there are over 1400 empty homes in North Norfolk as classified on the Council Tax Register. A number of these homes have been empty for many years and despite contact being made with owners no action has been taken to either bring the properties back into occupation or sell them. This report therefore seeks authority from the Cabinet to pilot an approach whereby the Council seeks to take direct action to bring long-term empty properties back into use through exploring the use of Compulsory Purchase powers. Conclusions: Long-term empty properties cause blight on a local area through their neglect, often resulting in complaints from neighbours and parish councils. Such properties also represent a loss to local communities, often where there are high levels of demand for housing – either from local residents or second / holiday home owners. Over a number of years the Council has sought to bring pressure to bear on the owners of such properties either through incentives such as an Empty Homes grant or the use of enforcement powers. However, despite such interventions by the Council there are a number of longterm empty properties where the authority might have to be prepared to take more direct action, eg forcing a sale or through the use of Compulsory Purchase powers, if any real progress is to be made in securing the future occupation of such properties. Recommendation: Cabinet Member(s) a) That Cabinet agrees to the use of the Housing Renewal Grant budget for 2011/12 to pilot an approach / develop the Council’s understanding of exercising Compulsory Purchase powers to acquire and sell on a long-term empty property(ies) in the district so as to inform future policy development and interventions to address an issue which generates concern in local communities. b) Cabinet approves the making of compulsory purchase orders (“CPOs”) under Section 17 of the Housing Act 1985 (as amended) on the land and buildings described in the exempt appendix to this report and their submission to the Government Office for confirmation. Ward(s) affected Cabinet Cllr K Johnson 31 October 2011 All Contact Officer, telephone number and email: Steve Blatch, Strategic Director Tel:-01263 516232 Email:- steve.blatch@north-norfolk.gov.uk 1. Introduction 1.1 At the present time there are over 1400 long-term empty properties in North Norfolk, as recorded on the Council Tax Register. Many of these properties have been empty for many years and present a blight on local communities resulting in complaints from neighbours and Town / Parish Councils concerned about the unkempt appearance of the properties, overgrown gardens, the potential for anti-social behaviour and the impact on neighbouring property values. Often such properties are in communities where there is a high level of demand for housing either from local residents and/or second / holiday home owners. 1.2 Whilst there has been concern at a local and national level for some time about the waste represented by long-term empty homes given the demand for housing and concerns about rates of new development, much of which is on greenfield land; the Council’s historic approach in attempting to tackle this issue has largely been reactive when acting on complaints about such properties or by responding to enquiries from the owners of such properties about whether there is any grant finance available to support investment aimed at bringing such properties back into use. 1.3 More recently through the New Homes Bonus and a number of statements made by Government Ministers, there is a renewed national focus on empty homes and therefore officers have reviewed the Council’s position with respect to this issue with the objective of achieving more positive outcomes both at a local community and district level. 1.4 This report therefore seeks authority to use the 2011/12 Housing Renewal Grant budget to pilot a more robust and interventionist approach to tackling empty homes through sanctioning the use of Compulsory Purchase powers to acquire and sell on one or two long-term empty properties in the district. Through a limited pilot, the Council can establish whether the authority’s preparedness to use such powers can bring about positive outcomes in a community through direct intervention and/or encouraging the owners of other long-term empty properties to address the issue themselves. 2. The Council’s current approach 2.1 Over a number of years the Council has considered its ability to reduce the number of empty homes in the district. Going back five or more years there was a high level of empty homes in the district because of the long-term empty properties on the former RAF West Raynham and, more recently, RAF Coltishall sites. However, in most towns and villages there are a number of long-term empty dwellings which, to varying degrees, cause concern to local Cabinet 31 October 2011 people. In 2006/07 the Council employed, on a one year contract basis, an Empty Homes officer who developed a database of long-term empty properties and made contact with owners to establish their future intentions for their properties. In a small number of cases, either through the provision of advice or threatening to use enforcement powers, positive outcomes were achieved with owners either undertaking works or being prepared to sell their properties for future occupation. 2.2 Over the same period, the Council has operated an Empty Homes Grant scheme where grants of up to £25,000 have been available to owners of empty properties to bring their properties back into use, with the Council having nomination rights into the property for a period of five years. The operation of the Empty Homes Grant scheme has been supported by an annual budget of £150,000; although in most years this budget has been underspent due to low levels of take up. In the period 2006/7 to 2010/11, the Council awarded 18 Empty Homes Grants. 2.3 In addition to the above, in a small number of cases the Council has served notices on owners of long-term empty properties under planning legislation so as to improve the appearance of such properties through the tidying of gardens, removal of abandoned cars etc; however in such cases this has only brought about a short-term improvement in the situation rather than a permanent outcome. 3. Proposed approach 3.1 The Council’s Housing Services Team, whilst no longer having a dedicated Empty Homes Officer, is still allocating resources to attempting to address the issue of Empty Homes. Given the financial rewards associated with bringing empty homes back into occupation through the New Homes Bonus, improved working arrangements are being developed between the Housing Services and Council Tax teams in an attempt to further reduce the number of longterm empty properties in the district. Contact is therefore made with the owners of such property so as to try and understand the reasons why properties remain unoccupied. The reasons for long-term empty properties are many and varied and may be due to the long-term care arrangements of an elderly owner, properties being the subject of probate or family dispute, or allowed to remain empty for tax or capital gains reasons. In this respect there are some sensitivities around the Council seeking to intervene in such matters, although in the majority of cases it is believed that some prompting of property owners is required if any positive action / outcome is to be achieved in seeing properties being brought back into use – either through significant investment / refurbishment by owners or through the owners being prepared to sell the property. 3.2 However, whilst the Council has historically operated both a carrot and stick approach to the issue of empty homes, there are a number of long-term empty properties where, despite the efforts of the Council over a prolonged period, no action has been taken by the owner to either bring the property back into use or in them being prepared to sell the property. 3.3 Against this background, and such properties being the subject of regular complaints from neighbours and town / parish councils, it is suggested that the authority should be prepared, in a small number of cases, to take more direct action to force the sale of a property or to acquire a property through use of Compulsory Purchase powers with the objective of selling the property Cabinet 31 October 2011 into the local housing market through the sale of the property through an agent or auction. 3.4 The Council has not previously used Compulsory Purchase powers and therefore authority is sought to use £200,000 of the uncommitted 2011/12 Housing Renewal budget to pilot an approach on one or two properties to establish whether more frequent use of such powers in the future could achieve better outcomes in terms of reducing the number of long-term empty properties in the district in the future. 3.5 An exempt appendix attached to this report details three long-term empty properties in the district which have been the subject of ongoing complaints from neighbours where this approach could be piloted over the next few months with the objective of developing a strategy to address this issue in the future. 4. Financial Implications and Risks 4.1 It is proposed that £200,000 of the Housing Renewal Grant capital budget for 2011/12 be used to support a pilot project to acquire one or more long-term empty properties in the district through the use of Compulsory Purchase powers with the objective of selling these homes into the local housing market. 4.2 It would be proposed that the £200,000 would be “recycled” over time in that it would be anticipated that a large proportion of the expenditure incurred in purchasing properties through a Compulsory Purchase Order would be recovered when the property was subsequently sold on. The pilot would seek to establish what other costs might be incurred by the authority in exercising such powers – eg legal costs, any basic loss or compensation payment to be paid to the property owner, costs incurred in tidying up the outside of properties – eg clearing gardens, sheds etc prior to sale, auction costs, Stamp Duty etc. Other than a general tidying of gardens in advance of sale, as much to improve the level of amenity for neighbours and to provide safe access for prospective purchasers, it would not generally be proposed that the Council incurred any costs in improving the properties in advance of sale ie they would be sold as seen for improvement. However, this matter can also be considered further in the context of the pilot approach proposed. 4.3 The pilot would allow an understanding of such costs to be developed and assessed against the New Homes Bonus payments which would accrue to the authority through bringing such properties back into use. 4.4 The delivery of a limited pilot involving no more than two or three properties would allow the Council to properly identify any risks associated with such an approach before developing any long term strategy in the future. In this respect it is suggested that the risks to the authority are minimal and can be reasonably contained. 5. Sustainability 5.1 A proposal which involves bringing long-term empty homes back into use is highly sustainable. Securing the occupation of such properties – for permanent residential, second home or holiday use will bring benefits to local Cabinet 31 October 2011 communities and the use of the properties will also bring additional revenue into the District through Council Tax receipts and New Homes Bonus payments. Bringing long-term empty properties back into use, even in small numbers, may also limit demand for new build properties in some communities. 6. Equality and Diversity 6.1 The report does not directly raise any equality and diversity issues, but in some circumstances may increase the availability of homes / properties for local people. 7. Section 17 Crime and Disorder considerations 7.1 Bringing long-term empty properties back into occupation will reduce issues of blight, anti-social behaviour and an improved local environment, addressing the concerns of local communities affected by such properties.