Part 1 open to the public
ITEM NO.A2
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REPORT OF STRATEGIC DIRECTOR FOR SUSTAINABLE REGENERATION
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TO THE LEAD MEMBERS FOR REGENERATION AND HOUSING
FOR DECISION ON 28th MARCH 2011
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TITLE: HIGHER BROUGHTON REGENERATION INITIATIVE – DEMOLITION OF
PROPERTIES.
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RECOMMENDATION:
That the commissioning of Salix Homes Ltd to secure the demolition of properties
detailed in this report, be approved.
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EXECUTIVE SUMMARY:
A Compulsory Purchase Order under of Section 226(1)(a) of the Town and Country
Planning Act 1990, covering 138 properties in what is known locally as the “Top
Streets” area of Higher Broughton was confirmed by the Secretary of State in May
2007.
It is not currently possible to clear all of the properties that are subject to the Order
as negotiations are still ongoing to agree re-housing solutions with four households
that remain in occupation of properties within the area and to resolve some
outstanding legal issues.
However, 108 of the properties in the Compulsory Purchase Order area can be
demolished at this time without prejudicing these negotiations.
This report seeks approval to progress the demolition of these properties.
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KEY DECISION:
Yes
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DETAILS:
1.0
Background
1.1
A Compulsory Purchase Order under of Section 226(1)(a) of the Town and
Country Planning Act 1990, covering the properties in what is known locally
as the “Top Streets” area of Higher Broughton was confirmed by the
Secretary of State in May 2007. Although the City Council was able to acquire
the majority of the properties in the area by agreement, it was unable to
negotiate the purchase of some properties. This made it necessary for the
Council to use the powers granted by the Order to vest the ownership of these
outstanding properties in itself.
1.2
Ownership of all properties in the area, including the four (4) properties in the
area that remained in owner-occupation at that time, was vested in the City
Council with the last vesting declaration coming in effect on 31st July 2009.
1.3
Lead Members will be aware that a High Court Injunction has been granted
that prevents the demolition of a number of properties included within the
Order, specifically:
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
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1 to 15 King Street;
2 to 16 King Street; and
53 to 67 Devonshire Street.
1.4
At the time the injunction was granted the Council received legal advice that it
would be appropriate to delay the demolition of properties the area, whether
they were covered by the injunction or not.
1.5
However, in January 2010 the views of the residents who were party to the
legal action that gave rise to the injunction, regarding the demolition of the
properties not covered by it, were sought.
1.6
As no objections to the proposed demolition of properties not covered by the
Injunction were received, officers sought Counsel’s advice on the issue, which
was that, based on the facts of the case, there seemed to be no reason why
Council could not demolish these particular properties.
1.7
Legal Services are now satisfied that, on the basis of this advice and in view
of increasing concerns among remaining residents regarding vandalism and
criminal activity, it would appear to be reasonable to go ahead with the
demolition of those properties which are not the subject of the injunction.
2.0
Details
2.1
There are a total of 138 properties in the area that are in the Council’s
ownership, of these 23 are subject to the Injunction including two which are
occupied (53 and 57 Devonshire Street).
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2.2
Despite the best efforts of the City Council and its partners, Salix Homes and
Urban Vision, in managing the neighbourhood, the condition of the vacant
properties unfortunately continues to deteriorate and have a negative impact
on the surrounding area.
2.3
Two further properties, not covered by the Injunction, are also occupied;
11 Leicester Road and 37 Cardiff Street. Officers have reviewed the potential
to demolish vacant properties within the area in a way that fully respects the
provisions of the injunction and allows residents of these properties to remain
in place.
2.4
It is therefore proposed that, in addition to those properties subject to the
injunction, the following properties would be excluded from demolition for the
time being:
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35 to 41 Cardiff St (inclusive);
55 and 57 King Street; and
11 Leicester Road.
2.5
This would allow for the demolition of 108 vacant properties, the sites of which
would be left level, seeded and trip-railed.
2.6
Salix Homes Ltd have obtained estimates indicating that costs for carrying out
these works would not exceed £350,000.
2.7
The precise timing of the demolition of the above properties has not yet been
finalised.
3.0
Conclusion
3.1
The proposed demolitions would ensure that occupied properties and the
properties subject to the injunction on Devonshire St would be “book-ended”
in a way that fully preserves their structural stability and maintains them as
weather tight.
3.2
In light of the latest legal advice obtained, the proposed demolitions would not
prejudice the Council’s position with regard to the Judicial Review.
3.3
The demolition of the properties as outlined in this report will significantly
reduce the negative impact that they are currently having on the surrounding
area and the associated management costs.
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KEY COUNCIL POLICIES: Salford Housing Strategy
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EQUALITY IMPACT ASSESSMENT AND IMPLICATIONS: The impact of the
clearance of properties within the “Top Streets” area, both on the residents within
that area and on the wider community was subject to detailed consideration and
challenge as part of the statutory process for the making of the Compulsory
Purchase Order; including a full review during the Local Public Inquiry into the
matter.
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ASSESSMENT OF RISK: Medium – The properties in question are in the Council’s
ownership and vacant. The demolition process will be managed on the Council’s
behalf by Urban Vision and will be carried out in full compliance with relevant health
and safety provisions. Although the Council is simply following through on a
previously confirmed Compulsory Purchase Order, it is possible that this proposal
may attract a degree of adverse publicity.
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SOURCE OF FUNDING:
Private Sector Housing Capital Programme 2010-11 Council
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LEGAL IMPLICATIONS supplied by: Tony Hatton ext 2904
The demolition will not affect the properties subject to the injunction and ongoing
judicial review proceedings.
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FINANCIAL IMPLICATIONS Supplied by: Stephen Bayley Ext 2584
The scheme forms part of the Private Sector Housing Capital Programme 2010-11
with provision being made within available HMR resources. With the removal of ring
fencing these resources will be rolled over into 2011-12 to meet the costs incurred.
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OTHER DIRECTORATES CONSULTED: None
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CONTACT OFFICER:
John Wooderson
0161 922 8723
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WARD(S) TO WHICH REPORT RELATE(S): Broughton
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