Agenda item

The purpose of the report is to be provide the Committee with an overview of problems and issues associated with derelict buildings and the powers that are available to the Council.

Recommended          -           That the Committee note the report and is invited to comment and ask questions arising      from the report.

The Chair welcomed Councillor Kath Pratt and Zak Khan, alongside Mark Hoyle, Head of Regeneration and Housing to the Committee to present this item.

Mark provided a brief overview and highlighted the wider subject area which this covered. He provided some background to the typical types of building found in Hyndburn, with many industrial type buildings built many years ago which are large, no longer fit for purpose and expensive to modernise, many of which have listed building status.

Councillor Khan reported that his role as Portfolio Holder for Economic Development was more focussed on commercial property rather than residential. Ultimately, the biggest issue with derelict commercial buildings as they are the responsibility of the owners, and the vast majority of buildings of this nature are in private ownership. His long term goal is for the Council to create an environment which encourages private investment in these buildings, and he is actively working with a number of businesses who are looking to relocate. He wants to meet with empty building owners and is arranging this. He said that the Levelling Up investment in Accrington should be a trigger for further private investment, but the Council needs to be more proactive rather than reactive to commercial building related issues.

The following questions were submitted by members and responded to as follows:

Does the Council have a strategic plan for dealing with derelict properties?

Answer: The Council has a new Empty Property policy which will be considered by Cabinet early in 2024.

Which buildings does the Council view as a priority to resolve and what if any action is taking place?

Answer: The highest priority is afforded to unsafe buildings.  Building Act legislation is used and is referred to in paragraph 3.9 of the report.

For housing standard issues and derelict non-housing property the priority properties are the ones which we receive service requests (complaints) from residents, elected members and the Member of Parliament.

The other priority is those that are a regeneration priority such as the Burton’s building in the town square which forms part of the town centre levelling up project.

The Council serve a variety of enforcement notices in relation to empty properties.  The main legislation used is listed in paragraph 3.9 of the report.

Where the above measures have been undertaken and the property issue is still not resolved or the property remains empty the Council will look at further enforcement action, namely:

• Works in default

• Prosecution
• Enforced Sale
• C.P.O (Compulsory Purchase Order) – subject to funding.

In addition this year the Council has taken prosecution cases against 6 properties. The Council has also successfully enforced the sale of 163 Manchester Road, Accrington.

Does the Council still employ an empty properties officers? Can you summarise their role?

Answer: The Council employs one empty property officer.  The key duties are summarised as follows:

• To reduce the number of empty properties in the borough
• Where appropriate, to carry out enforcement action to prevent an empty property from being a nuisance  and to support bringing empty properties back into use
• To liaise with empty property owners with a view to bringing empty properties back into use
• To monitor and record empty properties including action taken
• To develop policies, procedures and good practice for bringing empty properties back into use
• To identify sources of external funding to assist with bring empty properties back into use

Do we have data on the number of derelict and number of long term empty properties in the borough? Is there comparable information with other local authorities?

Answer: Council tax hold this information including the numbers of long term empties (dwellings, including those over 6 months). There is comparable information on the LCC website. Mark circulated a table which highlighted that Hyndburn has 3.4% vacant dwellings which is similar to average for Lancashire.

How many derelict or long term empty properties have the Council taken action against? Can a breakdown be provided of the specific actions taken over the last 2 years?

Answer: In 2021/22 The Council received 161 service requests in relation to empty properties. In 2022/23 The Council received 173 service requests in relation to empty properties. From April-1^st December the Council has received 120 service requests in relation to empty properties. Housing Standards currently has 81 open cases.

Does the Council offer advice or support to private building owners who want to bring buildings back in to use?

Answer: The Council will always work with property owners who wish to bring their properties back into use including support and advice.

Are the costs of dealing with issues associated with derelict buildings (such as fire, vermin etc) in private ownership passed on to the owner?

Answer: Works in default in relation to empty properties are charged to the property owners. Typically this involves removal of waste from derelict land, or repairs to a property which are affecting a neighbouring property (for example roof repairs) The Council also incurs costs in relation to making empty properties secure from an anti-social/fire risk perspective. Where owners refuse to pay for works the civil debt recovery process is followed. Charges can also be placed on the property which allows the Council to recover debt at a future date, for example when a property is sold, or a charge can be used to enforce the sale of the building or land.

Are there any examples of other Councils doing good work to tackle derelict properties that we can learn from?

Answer: Housing Standards meet with our neighbouring authorities on a quarterly basis to network and compare enforcement work, including best practice.

The Council is always willing to research and learn from best practice.  There are many examples and solutions around the country and regionally.  These solutions are usually dependent on either grant funding or private investment; or a combination for both. 

Councillors Khan and Pratt, and the Officer also responded to questions on the following:

-       Unknown property ownership

-       Speculative investors

-       Opportunities to develop commercial properties in residential areas

-       Eyesore buildings

-       When the Council is able to intervene

-       The Council’s own empty properties

-       Place First project in Woodnook as an excellent example of residential development

The Chair thanked Councillors and the Officer for the report and their responses to questions. The Committee noted the report.