Decision Details

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Details

Status:
Implemented
Title:
Enforced Sale of an empty property
Subject and Decision Taken
To use the Enforced Sale procedure to recover debts incurred by the Council on an empty property, 18 Delagoa Street, Carlisle CA1 2LZ, as an exception to policy in that the debt does not exceed £1,000. 
Reason for Decision

18 Delagoa Street is in very poor condition and has been empty for some time. The City Council has incurred costs under the Environmental Protection Act 1990 to deal with damp and security issues amounting to over £750.

There is very limited chance that the current owners will take any steps to bring the property into use, pay the debt or sell the property in order for the Council to recover its debts.

The Enforced Sale Policy enables officers to use appropriate powers to recover debts incurred in dealing with empty properties including the enforced sale of the property if the costs exceed £1,000. The policy also allows for the use of those powers for a lower debt as an exception to policy if the debt is unlikely to be recovered and the property is a blight to the community.

18 Delagoa Street meets those criteria and the use of appropriate powers under the Enforced Sale policy will bring the property to market, attract new owners to invest in the property and recover the debt.

Details of alternative options considered

The Council has the power to make a Compulsory Purchase Order but this is more burdensome process and requires the authority to secure funds to compensate the owners. Enforced sale is a simpler less costly process.

The authority could do nothing and wait for matters to take their course as the debts are recorded as a land charge. This will not resolve the condition or state of the property and represents the loss of a valuable housing market asset. 

Officer Job Title
Corporate Director of Governance and Regulatory Services
Portfolio Area
Communities, Health and Wellbeing (Health and wellbeing)
Economy, Enterprise and Housing (Housing Strategy)
Environment and Transport (Environmental Protection)
Key Decision
No
Date Decision Taken
Wed 8 Sep 2021
Reports and Background Papers
The background report is not for publication by virtue of Paragraphs 2, 3 & 6 of Part 1 of Schedule 12A to the Local Government Act 1972.
Interests Declared
None
Date Published
10 September 2021

Additional Information

Key Decision Ref
Deadline for call-in
Implementation date if not called in
Exempt from call-in
Call in notified and date notified
Approved for implementation on

Decision Criteria

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Wards

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Overview and Scrutiny

Health & Wellbeing Scrutiny Panel - up to 15 May 2022

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Reports

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Decision History

Date & Time CreatedUser Full NameStatus DescriptionDetails
1
 Page 1 of 1, items 1 to 6 of 6.
10/09/2021 11:13:14Rachel PlantBusiness Item Created 
10/09/2021 11:19:41Rachel PlantOS Committee AddedHealth & Wellbeing Scrutiny Panel
15/09/2021 14:19:10Rachel PlantGeneral Details Edited 
15/09/2021 14:19:48 General Details EditedReference Number Generated (OD.88/21)
15/09/2021 14:19:48Rachel PlantStatus ChangedImplemented [7]
15/09/2021 14:20:09Rachel PlantGeneral Details Edited 

Approval/Comments

No history found.