Housing (Scotland) Act 1987- Dem Order Clavering St East 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 The Leadership Board approved a Regeneration Masterplan for Paisley West End on 12 December 2017, to be implemented in partnership with Sanctuary Scotland Housing Association Ltd [“Sanctuary”]. The acquisition of over 100 private properties was required so that demolition could be carried out to facilitate delivery of the Regeneration Masterplan. Sanctuary’s agents have successfully negotiated the acquisition of most of these properties and this work continues in respect of any properties not yet acquired, in parallel with the process of promoting a Compulsory Purchase Order over the remaining privately-owned properties in the Paisley West End Masterplan Area. 1.2 The ground floor flat identified as 0/2 3 Clavering Street East, Paisley and the first floor flat identified as 1/1 3 Clavering Street East, Paisley remain in private ownership, with the remaining flatted properties having been brought into the ownership of Sanctuary Scotland Housing Association who are delivering the Regeneration Masterplan for Paisley West End. 1.3 Efforts have been made to engage with the owners of Flats 0/2 and 1/1 by both Council and Sanctuary staff to agree the voluntary acquisition of these flats with negotiations progressing well for Flat 1/1. It is noted that the building is in a poor condition and all flats therein (eight in total) fail to meet the Tolerable Standard, as defined within the Housing (Scotland) Act 1987, as amended. 1.4 Flat 0/2 3 Clavering Street East, Paisley is subject to a Closing Order, issued by the Council to the current owner on 13 June 2014, based on the property failing to meet the Tolerable Standard and that it ought otherwise to be demolished. To allow the Demolition Order to be issued, approval is sought from this Board to revoke the Closing Order served on the owner of Flat 0/2 3 Clavering Street East.
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1.5 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 block at 3 Clavering Street East, Paisley. 1.6 The Communities and Housing Policy Board on 12 March 2024 agreed that a Compulsory Purchase Order be submitted by the Director of Environment, Housing & Infrastructure to the Scottish Ministers for confirmation to acquire the revised list of remaining privately-owned residential and commercial properties and land within the Paisley West End Masterplan Area, which includes the remaining privately owned flatted dwellings and registered feudal superiority within the block at 3 Clavering Street East, Paisley. _________________________________________________________________________ 2. Recommendations It is recommended that the Policy Board: 2.1 approves the revocation of the Closing Order issued on 13 June 2014. 2.2 approves a Demolition Order being issued for all the properties within the building at 3 Clavering Street East, Paisley, PA1 2PU. 2.2 approves the Council carrying out the demolition of the block at 3 Clavering Street East, Paisley, PA1 2PU 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 all remaining privately owned properties in the Paisley West End Masterplan Area including the flatted properties at 3 Clavering Street East, Paisley after conclusion of the demolition order process in the event that further efforts to acquire the properties voluntarily are unsuccessful. _________________________________________________________________________ 3. Background 3.1 On 16 May 2023, the Communities and Housing Policy Board in accordance with the previous decisions taken at the meeting of the Leadership Board held on 12 December 2017 and the meeting of this Policy Board held on 25th October 2022, a further Compulsory Purchase Order (or, at most, two such Orders) would be promoted with a view to acquiring the remaining privately owned residential and commercial properties and land within the Paisley West End Masterplan Area. The Communities and Housing Policy Board on 12 March 2024 agreed that a Compulsory Purchase Order is submitted in respect of a revised list of remaining privately-owned residential and commercial properties and land within the Paisley West End Masterplan Area. The revised lists included the Flats 0/2 and 1/1 3 Clavering Street East, Paisley and the registered feudal superiority over the block.
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3.2 The block of eight flats at 3 Clavering Street East is, apart from Flats 0/2 and 1/1 3 Clavering Street East and the aforementioned registered feudal superiority, under full ownership of Sanctuary Scotland Housing Association (all flats are vacant). However, the owner of Flat 0/2 3 Clavering Street East has failed to positively engage with Regeneration Officers to allow the Council to take possession of this property, with a potential impact on the phasing of demolition in the Paisley West End Masterplan Area. 3.3 The Housing Regeneration team and Sanctuary Scotland Housing Association have engaged with the owner of Flat 0/2 3 Clavering Street East with the intention of acquiring the property. The owner has repeatedly advised that they intend to renovate and improve the property, with a view to residing there. The owner has been offered a price representing the property’s current market value to sell it to Sanctuary Scotland Housing Association, however the owner has refused to accept this offer. Negotiations for voluntary acquisition of the Flat at 1/1 3 Clavering Street East are progressing well with agreement reached between the owner and Sanctuary Scotland Housing Association. It is expected this acquisition will conclude shortly. Efforts are being made to resolve the feudal superiority administratively, if this fails it will be included in the forthcoming Compulsory Purchase Order. 3.4 As there has been no means of agreement regarding Sanctuary Scotland Housing Association acquiring the property at 0/2 3 Clavering Street East and given the delays in implementing the Regeneration Masterplan arising from this, authorisation is being sought for the promotion and service of the Demolition Order and, subject to the rights of appeal, subsequent demolition of the block at 3 Clavering Street East, 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. 3.7 All properties within the building at 3 Clavering Street East, 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.
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3.9 The flats within 3 Clavering Street East are in a very poor condition. Apart from Flat 0/2 the rest do not have supplies of water or electricity (these were disconnected to the building a number of years ago, and prior to 2014 when the Closing Order had been issued in respect of Flat 0/2 Clavering Street East). Whilst Flat 0/2 does have a supply of electricity, Officers are satisfied that all flats within 3 Clavering Street East, including Flats 0/2 and 1/1 fail to meet the Tolerable Standard on the following grounds: • The flats do not have satisfactory provision for artificial lighting and heating (due to there being no electricity supply, excepting Flat 0/2 which has a supply of electricity to it); • The flats do not have an adequate supply of wholesome water available within each house; • The flats do not have a sink provided with a satisfactory supply of both hot and cold water; • The flats do not have a satisfactory supply of hot and cold water at any fixed bath, shower and wash hand basin; • The flats do not have satisfactory facilities for the cooking of food, and • The flats do 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 block at 3 Clavering Street East, Paisley and to demolish the block. Demolition of this block is in accordance with the approved Paisley West End Regeneration Masterplan. 3.11 The Council would seek to recover the expenses of demolition via the statutory powers available to it. _________________________________________________________________________ Implications of the Report 1. Financial – The costs associated with the demolition of this block will be paid by the Council and reclaimed as part of the overall agreement approved for the regeneration masterplan for Paisley’s West End and efforts will be made to recover the associated proportion of these costs from any private owners. 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 remaining privately owned properties at 3 Clavering Street East, Paisley. 5. Property/Assets – none. 6. Information Technology - None
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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 owners of the properties 0/2 and 1/1 3 Clavering Street East, Paisley have 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 _________________________________________________________________________ List of Background Papers (a) Background Paper 1- Report to the Communities and Housing Policy Board on 12 March 2024 titled, Update on Paisley West End Regeneration and addresses for Compulsory Purchase Order (b) Background paper 2- Report to the Communities and Housing Policy Board on 16 May 2023 by the Director of Environment, Housing and Infrastructure titled, Compulsory Purchase Orders (c) Background paper 3 - Report to Communities and Housing Policy Board on 25 October 2022: Paisley West End – Regeneration Update (d) Background paper 4 – Report to Leadership Board on 12 December 2017 titled Paisley West End Regeneration (e) Background paper 5 - Closing Order issued on 13 June 2014 to the current owner of the property /02 3 Clavering Street East, Paisley _________________________________________________________________________ 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.