Agenda item

(i)        Joint Report of the Director of Transformation and Partnerships and             the Corporate Director of Regeneration and Local Services.

(ii)        Presentation by Head of Environment, Health and Consumer             Protection, Regeneration and Local Services.

The Chairman introduced the Head of Environment, Health and Consumer Protection (EHCP), Joanne Waller who was in attendance to provide the Committee with an overview presentation of the Tackling Empty Properties Initiative (for copy see file of minutes).

The Head of EHCP explained that the report and her attendance at the meeting was to provide further information relating to the “Tackling Empties Properties” joint working protocol as noted by Members at the February meeting of the Committee.  She added that the empty properties protocol did not just focus on empty homes but also included commercial properties and that the joint working protocol extended beyond the Empty Homes Strategy, which was to be considered by Cabinet in the near future.

It was highlighted that there were a number of low demand areas within the County, and a high incidence of empty properties in the east of the County.  It followed that residents in those areas had concerns that empty properties could lead to increased anti-social behaviour (ASB).  The Head of EHCP explained that the Council could not tackle the issues associated with empty properties on its own and that a multi-agency approach was needed involving key partners including County Durham and Darlington Fire and Rescue Service (CDDFRS) and Durham Constabulary.

The purpose of the empty properties protocol was “to ensure the problems associated with empty properties are effectively resolved in a timely manner ensuring that risks to public safety are minimised and empty properties are effectively managed by their owners and brought back into use”.  The Head of EHCP explained that partners had come together earlier in the year to consider how they might work more collaboratively and coordinate their efforts to solve problems associated with empty properties.  The protocol produced was a result of those discussions and was intended to be used as a guide for officers setting out the responsibilities of each organisation and to agree a common approach based upon: accountability; transparency; avoiding duplication; sharing information; consistency; sustainability; being outcome focused.

The partnership approach identified a number of council services working alongside the CDDFRS and Durham Constabulary, including: Direct Services; Economic Development; Empty Homes Team, Private Sector Initiatives, Housing Solutions; Environment, Health and Consumer Protection; Planning and Assets Services; and Revenues and Benefits.  It was explained there was a lot of information held in a number of database systems and that the Empty Homes Team would be at the centre of collating intelligence and information across the partnership. Members were also advised that a link was available on the Council’s website for notifying the Empty Properties Team of issues with empty properties. The Head of EHCP explained that there would a risk based approach adopted for referrals received from partners which would determine the level of response required. A risk assessment procedure had been developed whereby each partner organisation would complete and forward to the relevant service for action. Urgent issues would be responded with immediate action and high risk within 5 working days.  

An early intervention will be adopted which is risk based and intelligence led to ensure that available resources are effectively targeted at the highest priority properties and priority areas. 

In addition, members were advised that in cases where our general enforcement approach had not resolved matters and repeated problems were occurring, then this may require an escalated approach. Those ‘priority properties’ and ‘priority areas’ would be identified through Local Multi-Agency Problem Solving (LMAPS) Groups and the Strategic ASB Working Group and must be capable of justification based upon evidence.  In addition, area based initiatives such as the Community Action Team (CAT) would undertake time-limited work and ensure information and actions are fedback in order to update partners and learn from experiences.

It was emphasised that empty properties themselves were not a problem, but that they became a problem when not managed properly or are targeted by ASB. The partnership approach would offer a holistic view to resolving problems and promote more innovative and joined up working. The range of interventions available to the Council and key partners was highlighted including: advice, guidance and financial support; community protection; protection of buildings; demolition of buildings; repair, restoration and redevelopment; enforced sales of empty properties; simple caution / prosecution; and management and acquisition of empty properties.  Examples were given of recent work undertaken in Horden and New Kyo where partners had worked together and used the best intervention to   address local issues.

The Head of EHCP concluded by noting: that the protocol contained key officer contact information and that this would be disseminated across the partnership. Further communications and a media campaign were also planned to raise awareness amongst the partnership, landlords and local communities regarding the reporting and enforcement approach to be taken. The protocol was implemented from 1 April 2018 and would be subject to annual review.

The Chairman thanked the Head of EHCP, and noted experience of the work as described above in her Electoral Division and endorsed the interventions used.  She asked Members of the Committee for their comments and questions.

The Vice-Chairman, Councillor M Clarke noted the range of interventions and asked as regards the time taken to address issues with long term empty properties and how delays could perhaps reflect unfairly upon the Authority.  He asked how often the council would be in contact with a landlord for example.  The Head of EHCP advised that it would depend upon the issues involved and also the relevant legislation that is available to resolve the issue.  An example given was that if the Council were looking to “board up” a property, they would give at least 48 hours for the landlord to undertake the work for more structural work including major repairs we would need to give reasonable time for the landlord to undertake the work themselves and it certain cases there may be an appeal period which is not normally less than 21 days.

The Head of EHCP noted in relation to ongoing enforcement work the council may be limited in what information it can disclose to the public   She reiterated however that by working more proactively the partnership would wish to “get ahead” of emerging problems and work closely with landlords to manage their properties effectively and / or bring their properties back into use.

Councillor A Reed noted an old Council building in her Electoral Division that was empty and experienced some issues in terms of vandalism and asked if any progress was being made in terms of a sale or a different use.  The Head of EHCP noted colleagues in Planning and Development and Assets were included within the joint working arrangements and she would raise with them directly and further feedback would be provided.  Whilst she acknowledged that demolition of buildings like these could be considered for demolition they can often be listed which limits the interventions that can be used. 

Councillor J Clark asked if the Empty Homes Team or services or partners could drill down to look at the Council’s costs in tackling empty properties in order to feed this back to Government as regards the burden on the Authority.  The Head of EHCP noted it was not fully recorded on a cost accounting basis, however, it actions were monitored in terms of visits by Officers and default works.  Councillor J Clark thanked the Officers involved with the work in her area, Horden, and endorsed that the use of “skins” used on top of the boards to secure empty properties, and that it did have a positive effect and looked very good.

Councillor J Atkinson noted that some issues may take a period of time to tackle and asked how Councillors received feedback on issues and also in terms of any potential charges that may be placed on a property, was interest accrued.  The Head of EHCP said that charges for default works could be place on the property as a local land charge. Unfortunately these may sit as a charge on the property for some years, however where significant debts were accrued the council may pursue enforced sales to recover the debt.  In relation to feedback, it was added that by signposting to the relevant service area who are best to deal with any complaint would provide an appropriate point of contact for any complaints /referrals and that local information and intelligence from members about empty properties in their wards was very important in tackling the issues.

Councillor M Wilkes noted that empty properties had been a longstanding issue that he had been keen for the Authority to tackle.  He added there had been a lot of good work undertaken and thanked Officers for this.  He noted however that in terms of enforced sales and Empty Dwelling Management Orders (EDMOs), these were only in single figures over the last 10 years.  Councillor M Wilkes noted that issues did not only occur in low demand areas, noting an example of a large property in his Division that had been empty and boarded up for 25 years, with the owner living locally and known.  He gave several more examples in other areas and noted he felt that if some of these longstanding and extreme cases were tackled robustly, then landlords would receive the message more generally and would generate press interest and show that the Council was tackling such issues.  The Strategic Manager for Housing, Lynn Hall noted that the Private Sector Housing Policy needed to be in place first before being able to enforce, she added this would be considered by Cabinet later in the year.  Councillor M Wilkes added that in terms of fast-tracking or escalating an issue, Councillors need to know who to contact as regards this process.  The Strategic Manager for Housing noted Members could contact her team as regards this and would let Members know the relevant details.

Councillor R Manchester asked if the Authority worked with Registered Social Landlords (RSLs) in terms of trying to get properties back in to use easily.  The Strategic Manager for Housing noted that the Authority would look to work with RSLs where possible and appropriate, via the new policies as described and through use of lease/management orders.

Resolved:

(i)       That the report and presentation be noted.

(ii)      That the Economy and Enterprise Overview and Scrutiny Committee receive an update in relation to the Tackling Empty Properties joint working protocol at a Special Meeting to be held on 9 March 2019.