The Strategic Director Place will submit a report (Document “Y”) which informs the Executive on issues, actions and solutions related to a nuisance area of land where the owners cannot be traced.

Recommended –

That the Executive approves the following recommendations –

(1)       That the Executive is satisfied that the condition of the land needs      to be improved to prevent further deterioration and that the future             use of the land for either a proposed reclamation scheme to         provide an amenity space/community allotment site or for       housing development is in the public interest and that any harm          caused by the use of compulsory purchase powers to acquire and          interfere with third party land and rights needed for the scheme is            outweighed by the public benefits which the scheme will      generate, having also taken into account at this stage, the          statutory obligations under the Equality Act 2010 in relation to the           differential impact a Compulsory Purchase Order might have on various groups of persons with protected different characteristics and human rights legislation.

(2)       To authorise a Compulsory Purchase Order to be made pursuant        to Section 89 of the National Parks and Access to the Countryside             Act ) 1990 for the use of the land as an amenity space/community    allotment site or under Section 17(1) of the Housing Act 1980 for       use of the land for housing development, including Section 1 of           the Localism Act 2011 and the Acquisition of Land Act 1981 and       all other relevant and enabling powers to secure the compulsory    acquisition of the derelict, neglected and unsightly land situate to             the north east of Draughton Grove, Little Horton, Bradford, shown      edged red on the plan appended here to as Appendix C.

(3)       To delegate to the Strategic Director: Place authority to –

(i)         decide on the most appropriate future use of the land in consultation with the Portfolio Holder and taking soundings from Ward Members

(ii)        make, any necessary, minor or technical amendments to the     Compulsory Purchase Order;

(iii)      the “Statement of Reasons” to accompany the Compulsory       Purchase Order”, to justify the use of compulsory purchase         powers,

(iv)      prepare the Compulsory Purchase Order Map and Schedule and          all other legal documentation necessary to support and     accompany the Compulsory Purchase Order to the appropriate       Secretary of State for confirmation;

(v)       approve any agreements with landowners setting out the terms           for withdrawal of any objections to the Compulsory Purchase            Order;

(vi)      confirm the Compulsory Purchase Order, if satisfied that it is    appropriate to do so, in the event that the relevant Secretary of          State  notifies the Council that the Council has been given the power to confirm the Compulsory Purchase Order;

(vii)     promote any modifications to the Compulsory Purchase Order, if        expedient to do so;

(viii)    take all and any necessary action, as the case may be to promote        the Compulsory Purchase Order and to continue or open       negotiations as the case may be for the acquisition of the land     included in the Compulsory Purchase Order and any other land             needed for the reclamation scheme and to authorise acquisitions        by agreement where the use of compulsory purchase powers is in         contemplation and to approve the purchase price, advance payments and all other compensation payments;

(ix)      take all necessary steps in relation to any statutory blight           proceedings instituted against the Council for the acquisition of      the land claimed to be blighted by the threat or presence of the      Compulsory Purchase Order;

(x)       take all necessary action, should the quantum of compensation           flowing from the threat or use of compulsory purchase powers be   in dispute and be referred to the Upper Tribunal (Lands Chamber)          or other form of arbitration; and

(xi)      take and do all other things necessary to promote or as the case         may be to withdraw the Compulsory Purchase Order or incidental   to the implementation of the above recommendations.

(4)       That all land acquired for the reclamation scheme be held for    recreational or housing purposes, as the case may be.

Corporate Overview and Scrutiny Committee

(Ian Day - 01274 433507)

The Strategic Director Place submitted a report (Document “Y”) which informed the Executive on issues, actions and solutions related to a nuisance area of land where the owners cannot be traced.

The Assistant Director Neighbourhoods stated that the land had been the

subject of complaints for many years to Ward Councillors and the Council.

Of the nine incidents since 2012, the Council has had to

remove the waste seven times, setting charges as appropriate against the

Land, in the absence of being able to locate the landowners.  Legal powers

used included the Environmental Protection Act Section 59 notice,

Prevention of Damage by Pests Act Section 4 and Community Protection

warnings and notices. Whilst the use of enforcement powers provided a

mechanism to clear rubbish, it had not prevented nor discouraged repeated fly

tipping, which could only be effectively stopped by the Council gaining control

and securing the land against unauthorised access.

He added that if the Land was acquired, it was intended to use funding from the budget allocation for finding solutions to persistent fly tipping sites, in order to install robust fencing and gates to prevent future fly tipping, in anticipation of the Land being put to productive use in the future.

The Leader stated that the issues set out in the report straddled a number of Portfolio areas and Members felt that action was urgently needed to resolve the issues affecting the Land. She thanked officers and residents for the work done thus far.

A Ward Councillor for the area was present and stated that this piece of land was well known as a blight site and in welcoming the proposals, she hoped to work with local residents to turn the area into an open green space.

Resolved –

(1)       That the Executive is satisfied that the condition of the land       needs to be improved to prevent further deterioration and     that the future use of the land for either a proposed             reclamation scheme to provide an amenity space/community    allotment site or for housing development is in the public interest          and that any harm caused by the use of compulsory purchase      powers to acquire and interfere with third party land and rights             needed for the scheme is outweighed by the public benefits      which the scheme will generate, having also taken into account at this stage, the statutory obligations under the Equality Act 2010 in          relation to the differential impact a Compulsory Purchase Order             might have on various groups of persons with protected different       characteristics and human rights legislation.

(2)       That a Compulsory Purchase Order be made pursuant to Section        89 of the National Parks and Access to the Countryside Act ) 1990            for the use of the land as an amenity space/community allotment   site or under Section 17(1) of the Housing Act 1980 for use of the           land for housing development, including Section 1 of the      Localism Act 2011 and the Acquisition of Land Act 1981 and all other relevant and enabling powers to secure the compulsory    acquisition of the derelict, neglected and unsightly land situate to             the north east of Draughton Grove, Little Horton,   Bradford,      shown edged red on the plan appended here to as Appendix C to            Document “Y”.

(3)       That authority be delegated to the Strategic Director Place to:

(i)         decide on the most appropriate future use of the land in consultation with the Portfolio Holder and taking soundings           from Ward Members

(ii)        make, any necessary, minor or technical amendments to the     Compulsory Purchase Order;

(iii)      draft the “Statement of Reasons” to accompany the Compulsory         Purchase Order”, to justify the use of compulsory purchase powers,

 (iv)     prepare the Compulsory Purchase Order Map and Schedule      and all other legal documentation necessary to support and     accompany the Compulsory Purchase Order to the      appropriate Secretary of State for confirmation;

(v)       approve any agreements with landowners setting out the           terms for withdrawal of any objections to the Compulsory       Purchase Order;

(vi)      confirm the Compulsory Purchase Order, if satisfied that it is    appropriate to do so, in the event that the relevant Secretary of          State notifies the Council that the Council has been given the power to confirm the Compulsory Purchase Order;

(vii)     promote any modifications to the Compulsory Purchase             Order, if        expedient to do so;

(viii)    take all and any necessary action, as the case may be to             promote        the Compulsory Purchase Order and to continue or open       negotiations as the case may be for the acquisition of the land          included in the Compulsory Purchase Order and    any other land    needed for the reclamation scheme and to authorise acquisitions        by agreement where the use of    compulsory purchase powers is in      contemplation and to approve the purchase price, advance payments and all   other compensation payments;

(ix)      take all necessary steps in relation to any statutory blight           proceedings instituted against the Council for the         acquisition of          the land claimed to be blighted by the threat or presence of the             Compulsory Purchase Order;

(x)       take all necessary action, should the quantum of compensation           flowing from the threat or use of compulsory purchase powers be   in dispute and be referred to the Upper Tribunal (Lands Chamber)          or other form of arbitration; and

(xi)      take and do all other things necessary to promote or as the       case may be to withdraw the Compulsory Purchase Order or           incidental to the implementation of the above recommendations.

(4)       That all land acquired for the reclamation scheme be held for    recreational or housing purposes, as the case may be.

ACTION: Strategic Director Place

Corporate Overview and Scrutiny Committee

(Ian Day - 01274 433507)