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Salford City Council - Record of Decision
 
I, Councillor Tracy Kelly,
Statutory Deputy City Mayor and Lead Member for Housing &
Anti-Poverty, in exercise of the powers contained within the
Council Constitution, do hereby
approve:
 

1.   
THAT the Executive Director of Place be authorised
to instruct Legal Services to proceed with the making of a
compulsory purchase order under Section 17(1)(b) of the Housing Act
1985 and the Acquisition of Land Act 1981 to acquire 5 Franklin
Street Eccles M30 0GY for housing purposes as shown on the plan in
Appendix 1 to be known as the ‘City of Salford (5 Franklin
Steet) Compulsory Purchase Order 2024.’    
 

2.   
THAT the Executive Director of Place be authorised
to make, if necessary, minor or technical amendments to the
compulsory purchase order boundary as shown on the plan in Appendix
1.
 

3.   
THAT the Executive Director of Place be authorised
to instruct the City Solicitor to seal the order and to take all
necessary steps, including the publication and service of statutory
notices, to secure confirmation of the order by the Secretary of
State for Housing, Communities and Local Government (including
presentation of the City Council’s case at public inquiry as
required) and the vesting of the land in the City
Council. 
 

4.   
THAT the Executive Director of Place be authorised
to instruct Property Services to approve terms for the acquisition
of legal interests by agreement including for the purposes of
resolving any objections to the CPO. 
 

5.   
THAT the Executive Director of Place be authorised
to instruct the City Solicitor to take all necessary steps to
resolve any compensation claims including, if necessary, by way of
making or responding to a reference in the Upper Tribunal (Lands
Chamber) and in responding to any request for an advance payment of
compensation.
 

6.   
THAT the Executive Director of Place be authorised
to instruct Property Services, in consultation with the City
Solicitor, following confirmation of the Order, to agree to dispose
of the property at current market value, or sell the property to a
housing provider, or retain the property after acquisition and
refurbish and provide tenanted accommodation,  so that the property will be returned into
occupation in an expedient manner whilst minimising the financial
risk to the City Council. 
 

7.   
THAT the Executive Director of Place be authorised
(in the event that the Secretary of State notifies the Council that
it has been given the power to confirm the Order) to confirm the
Order, if satisfied that it is appropriate to do so. 
 
The reasons are that:
This property has remained empty since October 2011. The
property is in a very poor state of repair, is not in a habitable
condition and  due to this a Prohibition
Order was served under Section 20 of the Housing Act 2004 on 3
November 2010. The outrigger roof has had its slates removed and is
covered with a temporary fabric covering.  
Despite numerous meetings, correspondence and telephone
conversations with the owner it has not been possible to achieve a
satisfactory solution by agreement.Consequently, it is considered
that there is a compelling case in the public interest for the
exercise of Compulsory Purchase powers.
 
Options considered and rejected were:
 
(i)       Improvement
Notice

The property already has had a Prohibition Notice
and a Hazard Awareness Notice served upon it. It is anticipated
that the service of a further improvement notice would not lead to
a satisfactory outcome given the owner’s failure to do works
to justify the revocation of the Prohibition Notice, and legal
proceedings for non-compliance will not secure the return to use of
the property. 
(ii)      
Demolition

The cost of renovating the property would be high;
however, its condition does not merit demolition.The property could
be an asset to the area. The locality is well occupied and suitable
for continued residential development. 

The property is an end-terrace and demolition would
require the rebuilding of the adjoining property’s gable wall
and may result in structural defects. This could leave the council
exposed to claims from compensation from the adjoining property
owner.
(iii)      Empty Dwelling Management
Order (EDMO)

The use of an EDMO is considered inappropriate
because of the state of disrepair and high cost of refurbishment
which would be incurred by the council. 
The time it would take to recover costs and the council’s
subsequent management expenses from rental revenue is considered to
be unacceptable.
(iv)     
Enforced Sale
There are
insufficient registered charges against the property to warrant an
Enforced Sale. 
(v)      Deferred
Action

The property is a wasted resource at a time of
significant demand for housing. The owner does not appear to have
the ability to bring the house back into occupation. Consequently
deferred action is not a viable option.  
 
Assessment
of Risk:
The risk is considered to be low for compulsory purchase action.
The Secretary of State has the power to vary or refuse to confirm a
compulsory purchase order if dissatisfied that the council has
followed the correct procedures or failed to make a justifiable
case. However, the action is considered to be a compelling case in
the public interest. The council’s legal representatives
would be involved throughout to ensure that the order is processed
correctly.

After acquiring the property a further report will
be submitted to the Deputy City Mayor (Property) with
recommendations for the most appropriate method of disposal
reflecting the fiscal situation at the prevailing time.  
 
The
source of funding is:
Regulatory Services Housing Enforcement capital
budget.
 
Legal
advice obtained:
LEGAL IMPLICATIONS Supplied by Ann Rowlands Physical
Infrastructure Group
 
Financial
advice obtained:
FINANCIAL IMPLICATIONS supplied by: Karen Wicha, Finance (Capital/PFI)
 
The
following documents have been used to assist the decision
process:
Housing Act 2004
Salford City Council Housing
Strategy 2020 to 2025
 
Contact Officer:   Simon Conroy 
Tel No 0161 686 5858 
Email: simon.conroy@salford.gov.uk
 
This
decision is not subject to consideration by another Lead
Member.
 
The
appropriate scrutiny panel to call-in the decision is the Growth
& Prosperity Scrutiny Panel.

 
 
Signed: Councillor Tracy Kelly                         
Dated: 27th August 2024
Statutory Deputy City Mayor and Lead Member for Housing &
Anti-Poverty
 

 
This decision was published on 29th August 2024.
 
This decision will come into force at
4.00 p.m. on 5th September 2024, unless it is called-in in accordance with the
decision-making process rules.