MANCHESTER CITY COUNCIL REPORT FOR RESOLUTION COMMITTEE THE EXECUTIVE DATE 14 MARCH 2007 SUBJECT PROPOSED SOUTHSEA STREET, OPENSHAW COMPULSORY PURCHASE ORDER 2007 REPORT OF THE DIRECTOR OF HOUSING SERVICES PURPOSE OF REPORT To report to the Executive proposals for the compulsory purchase of the derelict drying ground located between the site of former properties off Old Lane and Louisa Street, and the existing Southsea Street properties, under the provisions of Section 17 of the Housing Act 1985, in order to dispose of the land to provide extensions to the rear gardens of the adjoining houses fronting Southsea Street, thereby contributing to the regeneration of the Louisa Street neighbourhood area. RECOMMENDATIONS The Executive is asked to: 1. authorise the making of a Compulsory Purchase Order (CPO) under Section 17 of the Housing Act 1985 and the Acquisition of Land Act 1981 to secure the acquisition of the land and interests not in the City s ownership within the site shown edged red on the proposed order plan at Appendix 1 for the purpose of providing extended gardens to Southsea Street properties 2. formally declare the area shown on the plan at Appendix 1 to be the City of Manchester (Southsea Street, Openshaw) Compulsory Purchase Order 2007 3. authorise the Director of Housing Services to make minor or technical amendments to the CPO boundary as shown in the plan at Appendix 1, if necessary 4. authorise the Director of Housing Services to alter the CPO boundary as shown on the plan at Appendix 1 so as to exclude any land prior to the sealing of the Order, if, in the light of new information, it appears expedient to the Director for the confirmation of the Order 5. authorise the City Solicitor to seal the Order and to take all necessary steps, including the publication and service of all statutory notices and presentation of the Council s case at public enquiry, to secure confirmation of the Compulsory Purchase Order by the First Secretary of State and the vesting of the land in the City Council
6. authorise the Director of Housing Services to request confirmation of the Order with modifications, if, in the light of new information, it appears expedient to the Director for the confirmation of the Order 7. authorise the Head of Valuation and Property Services to negotiate the purchase by agreement of any land within the CPO prior to the confirmation of the Order 8. authorise the disposal of the land, valued at 2,500, to adjacent homeowners as set out below 9. authorise the Director of Housing Services (in the event that the Secretary of State notifies the Council that he has been given the power to confirm the Order) if he is satisfied that it is appropriate to do so 10. authorise the Head of Engineering Services to take all necessary steps to secure the closure of all relevant passages, if requested by the Director of Housing Services FINANCIAL CONSEQUENCES FOR THE REVENUE BUDGET The land is to be disposed of and therefore there will be no revenue implications. The ongoing maintenance costs will become the responsibility of the property owners who will then be subject to enforcement action should they fail to maintain the acquired land to an acceptable standard. FINANCIAL CONSEQUENCES FOR THE CAPITAL BUDGET The cost of acquisition and transfer will be paid for from within the capital programme allocated to Private Sector Housing. CONTACT OFFICERS TELEPHONE E MAIL ADDRESS David Stoney 234 3165 d.stoney@manchester.gov.uk Linda Marciniak 234 4030 l.marciniak@manchester.gov.uk Roy Smith 231 7101 r.smith1@manchester.gov.uk Suzanne Price 230 2100 s.price@manchester.gov.uk Mark Goldstone 234 1494 m.goldstone@manchester.gov.uk BACKGROUND DOCUMENTS 1. Disposal of land at Louisa Street and Old Lane Executive Report July 2006 2. Town and Country Planning Act, 1980 3. The Unitary Development Plan 4. Community Strategy The above files are held at Elizabeth House, Openshaw
WARDS AFFECTED Bradford IMPLICATIONS FOR: ANTI-POVERTY NO ENVIRONMENT YES EQUAL OPPORTUNITIES NO EMPLOYMENT OPPORTUNITIES NO 1. BACKGROUND 1.1 The proposed order lands consist of a piece of derelict land, formerly a drying ground, lying within the Louisa Street area which is within the High Legh Neighbourhood, Openshaw. The ground was originally surrounded by terraced houses. However, as described in more detail below, the terraces to the north (along Old Lane) and to the west (along Louisa Street) have been demolished, following the confirmation of a CPO, with the resultant vacant land to be redeveloped for new housing. The terrace to the south of the site (along Southsea Street) remains standing. The intention is that the order lands will be disposed of to the owners of these remaining terraced houses so that it is incorporated into their gardens, thereby mitigating any ongoing maintenance costs. 1.2 The High Legh neighbourhood has a predominance of pre 1919 terraced properties and, as with many other residential neighbourhoods across East Manchester, the area was suffering from high levels of void properties, a poor environment and a collapse in the local housing market. At the time of the making of the CPO order, both social and private landlords reported difficulties in letting properties. 1.3 Within the Louisa Street area, 31 residential properties, arranged in 3 terraces on Louisa Street and Old Lane, contained 20 vacant properties. 1.4 The confirmation of the Louisa Street CPO in June 2004 enabled this defective and obsolete housing to be demolished by February 2006, leaving the cleared sites referred to above. In addition to these two cleared sites, there remains an additional piece of drying ground (the proposed order lands) located between the rear of Southsea Street and the present Old Lane vacant site. (See Appendix 1). 1.5 Executive approval was granted in July 2006 to dispose of the land at Louisa Street and Old Lane, Openshaw, shown within the red edge on the attached map in Appendix 2, to Redrow Homes (NW) Limited, who intend to undertake a residential development for open market sale on this site. The order lands will not be part of this disposal and redevelopment. 1.6 The order lands comprise a small piece of derelict land, approximately 210 square metres in size, and of limited value in its present state. Such a piece of land may possibly become a gathering point for local youths and a potential focus for anti social behaviour, encouraging a feeling of lawlessness and being a liability rather
than an asset. This will impact on residents living in the proposed new development and also those presently residing in Southsea Street, who would undoubtedly feel unsafe in their own neighbourhood. 1.7 Without some form of intervention, the appearance of the land will continue to deteriorate over time and become unsightly, as there is no current agreement to maintain it, whilst the gathering of litter and possible dumping of bulky waste will further detract from the look of the area. Improvement of the environment is necessary to achieve holistic regeneration. Indeed, the favourable enhancements to the area created by the proposed new development may be undermined. Consequently, it would be incongruous to develop the surrounding land without this site. 1.8 Consultation with Southsea Street residents suggested that the preferred use for the order lands would be for garden extensions to their properties, with the style and design of the boundaries of the extended gardens complementing and integrating with the new build development. 1.9 With the proposed change of use of the drying ground, planning permission will be required prior to the development of extended gardens. Approval will also be required with regards to the height and design of the garden boundaries and closures for rights of way will need to be sought. Initial discussion with the Planning Department has indicated that approval would be granted subject to relevant criteria having been met. 1.10 A planning application by Redrow Homes (NW) Limited to develop the adjoining land on Louisa Street and Old Lane has now been lodged with the Planning Department and the outcome is awaited. 1.11 A Land Registry search of the order lands has indicated that there is no registered owner of the majority of this piece of drying ground, the owner is therefore unknown. It is the unregistered section of the drying ground that has been incorporated within the order lands. In 2006, the open market valuation of this land was assessed to be 2,500. 1.12 Once acquired, it is proposed that the order lands will be disposed of freehold for a peppercorn amount of 1 to the owners of 3 15 Southsea Street to form extended gardens. This transfer of ownership will eliminate any further expense to the City Council for any ongoing maintenance. The appearance of the area would be enhanced and the risk of antisocial behaviour and fly tipping will be mitigated as the residents of Southsea Street would be expected to take full responsibility for the control and maintenance of the land. Residents will then be subject to enforcement action should they fail to maintain the land to an acceptable standard. 1.13 The City Solicitor has advised that the disposal of the land held for the purpose of providing housing (and/or gardens) is subject to Section 32 of the Housing Act 1985, and that the terms of the proposed disposal fall within the terms of General Consent for the disposal of Part II Land 2005, Para E 3.2, and that the specific consent of the Secretary of State would not be required.
PROMOTION OF A COMPULSORY PURCHASE ORDER 2. PLANNING POLICY 2.1 The proposed disposal of the drying ground land to provide extensions to the rear gardens of Southsea Street properties is supported by policy guidance at national, sub-regional, city and local level. 2.2 Contained within the terms of East Manchester area policies of the statutory Manchester Unitary Development Plan (1995), development will be permitted which includes the redevelopment, improvement and modernisation of residential neighbourhoods, whilst the East Manchester Strategic Regeneration Framework identifies the wider area as a potential Housing Renewal and Neighbourhood Management area. 2.3 Through adherence to the appropriate planning guidance, planning approval is anticipated for the Southsea Street garden extensions. 3 DESCRIPTION OF AREA 3.1 The Old Lane/Louisa Street area, incorporating Southsea Street, is situated within the High Legh Neighbourhood. High Legh has experienced neighbourhood renewal investment over the past six years with major investment from Manchester City Council, NDC, Housing Market Renewal and the lead RSL for the area, Mosscare. The majority of properties in the High Legh area have benefited from Group Repair or Facelift Schemes improving the environment for the local residents. The Southsea Street block, comprising numbers 3-13, is due to receive a programme of facelift works during 2007-8. 3.2 In 2003 the City Council undertook a small stock transfer of their remaining properties to Mosscare Housing Ltd. Since then Mosscare has completed a programme of improvement works. 4 DETAILS OF HIGHWAYS 4.1 Any necessary passage closures will be progressed by the Head of Engineering Services in due course using the appropriate legislation. 5. CLEARANCE AND FUTURE USE 5.1 A Neighbourhood Management Plan for High Legh is being developed by New East Manchester and the Housing Market Renewal Team in conjunction with the local residents, Mosscare Housing Association, Manchester City Council departments and other key stakeholders. The focus of the neighbourhood plan is the management of the area and proposals for current and future green space management.
5.2 The after use for the site, proposed garden extensions to 3-13 Southsea Street, will be subject to ongoing consultation with Southsea Street residents. Prior to the implementation of any proposed scheme, all necessary statutory approvals, including Planning Permission, will be obtained, following and subject to Executive approval. Early discussions about the proposed use of the site with Planning colleagues have been positive. Further detailed dialogue will be necessary to ensure all planning requirements are met. 6. CONSULTATION 6.1 All residents on Southsea Street have been consulted and are in favour of utilising the drying land for the purpose of extended gardens. Residents will continue to be consulted on the design of the proposed gardens. 7. FINANCIAL IMPLICATIONS 7.1 The costs of the acquisition and transfer of the land, as well as the creation of the extended gardens, will be contained within that part of the Housing Capital Programme through Housing Market Renewal Funding, already approved to Private Sector Housing, agreed annually by the Executive. 8. IMPLICATIONS FOR KEY COUNCIL POLICIES 8.1 The implications of this report for the Council s environmental policies would include the potential creation of extended gardens on a piece of unused and obsolete land. The redevelopment of this site will be of significant improvement to the immediate environment, prior to the development of the High Legh Neighbourhood Plan. 8.2 The proposals are also consistent with the City s emerging regeneration strategy for East Manchester. 9. HUMAN RIGHTS IMPLICATIONS 9.1 The development of this land will not infringe anybody's rights under Article 8 of the Human Rights Act. The carefully planned use of this obsolete land is likely to improve the environment and therefore the quality of life for the surrounding community. 10. CONCLUSIONS/RECOMMENDATIONS 10.1 The Executive is asked to approve the recommendations at the front of the report