To receive a presentation and report on work being undertaken to minimise the number of empty homes in Shropshire.  [Report to follow]

The Committee received the report of Karen Collier, Regulatory Services Operations Manager – copy attached to the signed Minutes – which provided an overview of the Empty Homes work carried out by Regulatory Services including the legal powers available and a summary of the previous Scrutiny review of the function.

In response to the Member Question raised by Councillor Boddington, the Regulatory Services Operations Manager explained that the discrepancy between the Council’s and the Government’s long term empty property statistics was due to the Government’s figures including properties which have been classed as “exempt” and the Council’s figures did not include them. Exempt properties do not pay council tax because the property is empty for a specific reason such as probate, the owner is in hospital or residential care.

The Regulatory Services Operations Manager informed the Committee that there were approximately 1800 empty properties within Shropshire, each with their own history and reasons for becoming empty eg financial/sentimental reasons.  There were two aspects to empty properties; firstly, that they attract anti-social behaviour and secondly, they become a wasted resource.

She informed the Committee that empty properties were dealt with based on risk using a wide range of legal powers and she gave examples of some of the common problems associated with empty properties and the powers available to deal with them, for example:

·  Unauthorised access (discretionary power)

·  Nuisance to neighbouring property (statutory duty to investigate)

·  Rats/mice, rubbish/overgrown garden (statutory)

·  Anti-Social Behaviour (discretionary powers)

Other Council Services also had powers including Council Tax (who can charge 100% premium); Building Control can act if it is a dangerous structure; Planning can act if the amenity of an area is affected; and finally, conservation have powers to preserve listed buildings.

She confirmed that they do try to trace owners to encourage them to take action to bring the property back into use by providing advice and information in the first instance before escalating to enforcement action, however, it was not illegal to have an empty property.  In certain high risk cases, the Council has the option to carry out works in default to remedy risks in accordance with legal powers and look to recover the costs, sometimes via a charge on the property. 

The Regulatory Services Operations Manager then went on to highlight the escalated enforcement action that Shropshire Council could take whereby the most problematic properties could be returned back into use, and these included enforced sales, Compulsory Purchase Orders and Empty Dwelling Management Orders (see paragraphs 7.0, 8.0 and 9.0 of the report).

Turning to future challenges, the Regulatory Services Operations Manager drew Members’ attention to the recommendations set out in the report and explained how the existing empty homes capital budget could be used to fund a fixed-term full-time officer as part of their approach to use all options and powers available to them to return empty properties into use.

In response to a query, the Regulatory Services Operations Manager explained why the process appeared so slow and the difficulties encountered with owners of properties if they could indeed be found.

In response to a further query, the Regulatory Services Operations Manager informed the Committee that they did share information with Council Tax on long-term empty properties, however she was not aware whether Council Tax was always collected in full for these properties.

The Regulatory Services Operations Manager answered further queries from the Committee in relation to why a Band 11 Officer was being sought for the post, how they were notified of empty properties and how section 215 (Town and Country Planning Act 1990) notices were applied.

The Regulatory Service Operations Manager explained that a Band 11 Officer was required due to the level of the post and the knowledge, experience and qualifications needed to enable the job to be undertaken.

Members expressed their support and thanked the Regulatory Services Operations Manager for her hard work. 

RESOLVED:

A.               That the Regulatory Services’ approach to use all powers available to address problems associated with empty properties and return them to use, in accordance with Shropshire Council’s Better Regulation and Enforcement Policy be noted.

B.               That the Regulatory Services’ proposal to appoint a full-time officer on a temporary two-year fixed contract funded through the existing empty homes capital budget as part of their approach to utilise all powers available to return empty properties to use be supported.

C.              That the Regulatory Services private rented sector housing work including empty homes be reflected in the Council’s Housing Strategy and infrastructure required to support this to be raised through Place Plans.