Housing (Scotland) Act 1987- Dem Order Auchentorlie CaH 20 08 24
Renfrewshire Council · 20 August 2024
Back to Communities and Housing Policy Board — 20 August 2024 and its agenda
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___________________________________________________________________ To: Communities and Housing Policy Board On: 20 August 2024 ___________________________________________________________________ Report by: Director of Environment, Housing & Infrastructure ___________________________________________________________________ Heading: Housing (Scotland) Act 1987- Representation in Respect of a House Failing to Meet the Tolerable Standard ___________________________________________________________________ 1. Summary 1.1 Following approval by the Communities and Housing Policy Board in 2021 and 2022 to implement the Council approved Housing-led Regeneration and Renewal Investment Programme, measures have been taken to acquire privately owned properties within identified regeneration areas where this facilitates the delivery of the investment programme within these areas. 1.2 The top floor flat identified as 2/1 9 Auchentorlie Quadrant, Paisley is one property within the block at number 9 which remains in private ownership, despite efforts to engage the owner in agreeing voluntary acquisition of this flat. The flat (and building generally) is subject to significant fire damage and is therefore considered to fail to meet the Tolerable Standard, as defined within the Housing (Scotland) Act 1987, as amended and approval is being sought from this Board to issue a Demolition Order in terms of Section 115 of the Housing (Scotland) act 1987 for the whole blocks at 5, 7 and 9 Auchentorlie Quadrant, Paisley. 1.3 The Communities and Housing Policy Board on 16 May 2023 authorised the promotion and use of a Compulsory Purchase Order to acquire the last remaining privately owned property within the Auchentorlie regeneration area namely Flat 2/1, 9 Auchentorlie Quadrant, Paisley. ___________________________________________________________________ 2. Recommendations It is recommended that the Policy Board: 2.1 approves a Demolition Order being issued for the properties at 5, 7 and 9 Auchentorlie Quadrant, Paisley, PA1 1QY.
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2.2 approves the Council carrying out the demolition of the blocks at 5, 7 and 9 Auchentorlie Quadrant, Paisley, PA1 1QY in the event that, subject to their right to appeal, the owners fail to demolish the block within the prescribed period. 2.3 Notes that in accordance with the existing board authorisation outlined above, a Compulsory Purchase Order will be promoted and submitted to the Scottish Ministers for approval to acquire the property 2/1 9 Auchentorlie Quadrant, Paisley after conclusion of the demolition order process in the event that further efforts to acquire the property voluntary are unsuccessful. ___________________________________________________________________ 3. Background 3.1 The Communities, Housing and Planning Policy Boards of 18 January and 15 March 2022 approved the acquisition of privately owned properties within identified regeneration areas where this facilitates the delivery of the investment programme within these areas, including properties at Auchentorlie Quadrant, Paisley. The Communities and Housing Policy Board on 16 May 2023 authorised the promotion and use of a Compulsory Purchase Order to acquire the last remaining privately owned property within the Auchentorlie regeneration area namely Flat 2/1, 9 Auchentorlie Quadrant, Paisley. 3.2 The blocks at 5, 7 and 9 Auchentorlie Quadrant are, apart from Flat 2/1 9 Auchentorlie Quadrant, under full ownership of the Council (all are vacant). However, the owner of 2/1 9 Auchentorlie Quadrant has failed to positively engage with Regeneration Officers to allow the Council to take possession of this property, with the outcome that the demolition of the blocks at 5, 7 and 9 has been delayed. 3.3 The Housing Regeneration team have engaged with the owner of Flat 2/1 9 Auchentorlie Quadrant for over two years with the intention of acquiring the property. The owner has repeatedly advised that the outstanding mortgage on the property far outweighs the market value in the property’s current condition. This was confirmed in an email from the owner’s solicitor on 19 March 2024. 3.4 As there has been no means of agreement regarding the Council acquiring this property and given the delays in the regeneration programme arising from this, authorisation is being sought to promote a Compulsory Purchase Order to compulsorily acquire the property Flat 2/1 9 Auchentorlie Quadrant, Paisley to complement the promotion and service of the Demolition Order and, subject to the rights of appeal, subsequent demolition of the blocks at 5, 7 and 9 Auchentorlie Quadrant, Paisley. 3.5 The Housing (Scotland) Act 1987 places a duty on local authorities to secure that all houses within their district are closed, demolished or brought up to the Tolerable Standard within a period which is reasonable in the circumstances. 3.6 Section 115 of the Housing (Scotland) Act 1987, as amended makes provision for a local authority to issue a Demolition Order where it is satisfied that a house, or houses, do not meet the Tolerable Standard and ought to be demolished, further requiring that the building shall be demolished within six weeks after the expiration of a 28 day period (which is to allow for the properties to be vacated). The owner of any property has a period of 21 days to appeal to the Sheriff Court against the Demolition Order.
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3.7 All properties within the buildings at 5, 7 and 9 Auchentorlie Quadrant, Paisley are vacant and there is no requirement to specify within the Demolition Order any period for the properties to be vacated. 3.8 The Tolerable Standard, as defined within Section 86 of the Housing (Scotland) Act 1987 is a basic minimum standard which all properties are required to meet and is reproduced for information within Appendix 1. As this is a condemnatory standard a property only requires failing to meet one element of it to fail the Tolerable Standard overall. 3.9 The flats within 9 Auchentorlie are generally in a very poor condition, which has arisen as a result of a fire during 2021, originating in Flat 2/1 and in respect of Flat 2/1 itself, it is noted that the roof across a significant proportion of the flat has been destroyed due to the fire; this is resulting in significant water penetration to the flat (and building). In addition to this, there is no supply of electricity or water to the building and Officers are therefore satisfied that the property Flat 2/1 9 Auchentorlie Quadrant, Paisley fails the Tolerable Standard on the following grounds: • It is not substantially free from penetrating damp (due to the extensive roof damage); • It does not have satisfactory provision for artificial lighting and heating (due to there being no electricity supply); • It does not have an adequate supply of wholesome water available within the house; • It does not have a sink provided with a satisfactory supply of both hot and cold water; • It does not have a satisfactory supply of hot and cold water at any fixed bath, shower and wash hand basin; • It does not have satisfactory facilities for the cooking of food (due to there being no electricity supply), and • It does not have satisfactory equipment installed for detecting, and for giving warning of, fire or suspected fire. 3.10 Authorisation is therefore sought to issue a Demolition Order in respect of all flats within the blocks at 5, 7 and 9 Auchentorlie Quadrant, Paisley and to demolish the blocks. Demolition of this block is in accordance with the approved Housing-led Regeneration and Renewal Programme for the Auchentorlie area. 3.11 The Council would seek to recover the expenses of demolition via the statutory powers available to it. ___________________________________________________________________
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Implications of the Report 1. Financial – The costs associated with the demolition of these blocks is included within the Housing Revenue Account Capital Programme budget and efforts will be made to recover the associated proportion of these costs from the sole private owner. 2. HR & Organisational Development - None 3. Community/Council Planning – Creating a sustainable Renfrewshire for all to enjoy- Improving and maintaining neighbourhoods and homes. 4. Legal – The Demolition Order may require input from Legal Services in relation to valid service and promotion of the Order and any appeal. There will be a requirement for Legal Services to carry out conveyancing work to voluntarily or compulsorily acquire the property at 2/1 9 Auchentorlie Quadrant, Paisley. 5. Property/Assets – Seventeen of the eighteen flats in the blocks at 5, 7 and 9 Auchentorlie Quadrant, Paisley are Council owned. 6. Information Technology - None 7. Equality & Human Rights (a) The Recommendations contained within this report have been assessed in relation to their impact on equalities and human rights. No negative impacts on equality groups or potential for infringement of individuals’ human rights have been identified arising from the recommendations contained in the report because for example it is for noting only. If required following implementation, the actual impact of the recommendations and the mitigating actions will be reviewed and monitored, and the results of the assessment will be published on the Council’s website. 8. Health & Safety - None 9. Procurement - None 10. Risk – The owner of the property 2/1 9 Auchentorlie Quadrant, Paisley has a right of appeal against the Demolition Order which, if exercised, could delay the works for a significant period. 11. Privacy Impact - None 12. Cosla Policy Position – not applicable. 13. Children’s Rights - None 14. Climate Risk - None _________________________________________________________________________
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List of Background Papers (a) Background Paper 1- Report to the Communities, Housing and Planning Policy Board on 18 January 2022 titled, Housing-led Regeneration and Renewal Programme (b) Background paper 2- Report to the Communities, Housing and Planning Policy Board on 15 March 2022 titled, Housing-led Regeneration and Renewal Programme- Consultation Update (c) Background paper 3 – Report to the Communities and Housing Policy Board on 16 May 2023 by the Director of Environment, Housing and Infrastructure titled, Compulsory Purchase Orders _________________________________________________________________________ Author: Colin Hunter, Environmental Health and Community Safety Manager Email: colin.hunter@renfrewshire.gov.uk
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Appendix 1 – Tolerable Standard Definition Tolerable Standard as Defined in S86 of the Housing (Scotland) Act 1987, as amended. (1) Subject to subsection (2), a house meets the tolerable standard for the purposes of this Act if the house— (a) is structurally stable; (b) is substantially free from rising or penetrating damp; (c) has satisfactory provision for natural and artificial lighting, for ventilation and for heating; (ca) has satisfactory thermal insulation; (d) has an adequate piped supply of wholesome water available within the house; (e) has a sink provided with a satisfactory supply of both hot and cold water within the house; (f) has a water closet, or waterless closet available for the exclusive use of the occupants of the house and suitably located within the house; (fa) has a fixed bath or shower and a wash-hand basin, each provided with a satisfactory supply of both hot and cold water and suitably located within the house; (g) has an effective system for the drainage and disposal of foul and surface water; (ga) in the case of a house having a supply of electricity, complies with the relevant requirements in relation to the electrical installation for the purposes of that supply; “the electrical installation” is the electrical wiring and associated components and fittings, but excludes equipment and appliances; “the relevant requirements” are that the electrical installation is adequate and safe to use; (h) has satisfactory facilities for the cooking of food within the house; (i) has satisfactory access to all external doors and outbuildings; (j) has satisfactory equipment installed for detecting, and for giving warning of, fire or suspected fire; (k) has satisfactory equipment installed for detecting, and for giving warning of, carbon monoxide present in a concentration that is hazardous to health, and any reference to a house not meeting the tolerable standard or being brought up to the tolerable standard shall be construed accordingly.