At the request of the Committee, following their consideration of the Independent Review Report in 10 November 2014, the Head of Planning and Regeneration will present a report to address the queries raised.
Minutes:
The Head of Planning and Regeneration outlined the report which had been requested by Scrutiny following their consideration of the Independent Review Report on 10 November 2014. The Scrutiny Committee had requested this report address the time-line and any gaps within it, and also wished to see recommendations developed from the section entitled ‘summary and points for consideration’.
The Officer confirmed that there were no additions to make to the time line in the original report. The last formal written communication from the Council`s Building Control department prior in respect of the dangerous structure was in December 2011 when the owner was requested to take action to secure the safety of the render and cob at first floor level. Action was taken by the owner boarding the wall at that time and it was considered the minimum works necessary had been carried out to remove the danger at that time. Contact between the owners agents and the Planning Department were maintained during the processing of the various planning applications between the time of the fire and the wall collapse and reference was made to the involvement of Building Control Officers in those considerations. This history was fully set out in the earlier report.
Discussion took place regarding:
· The number of dangerous buildings reported;
· The need for a Structural Engineer to inspect dangerous buildings;
· Financial implications to the Council;
· The Council having the power to deal with dangerous structures but no obligation to do so;
· Responsibility to make the building safe lies with the owner and the need to make the public aware of this;
· A further dangerous building had been identified in Cullompton at the weekend;
· This building was being monitored to ensure public safety:
· The need to keep the public informed at all times, by press releases, News Centre and the website;
· The need to keep Ward Members and Town and Parish Councils informed at all times.
The Head of Planning and Regeneration tabled a list of recommendations, which had been amended slightly from the report.
RECOMMENDED to Cabinet that:
· Following the initial assessment and any remedial action to make a dangerous structure safe, the structures shall (unless fully demolished or fully repaired) if instructed by the Council, be monitored every two months (employing a structural Engineer where necessary) to ensure any further decay is identified as early as possible. A detailed record of those inspections and any actions requested to be kept.
· Ward Members, the Media, the website and Town and Parish Councils to be notified following inspections of the findings and any proposed action, ensuring maximum publicity.
· A leaflet to be published on the Council’s website identifying the powers the Council has with regard to dangerous structures and the actions the Council may pursue where public safety is being put at risk where no action is taken by the owner. The proposed policies are set out below.
· Information should also be displayed on the Council’s website, of the risks that poorly maintained cob structures can create and owner responsibility regarding dangerous structures.
· Delegated authority be given to Building Control officers to take action under Section 77 and 78 of the Building Act, as deemed necessary, and that expenditure incurred in those cases be agreed by the Cabinet Member for Planning and the Head of Finance as an expenditure outside of set budgets on a case by case basis. (The Council will always seek to recover its costs in such circumstances but recovery cannot be guaranteed).
· When proposals for enforcement action are taken to Planning Committee regarding dangerous structures the report to include a risk assessment on the building.
· The Council will set out the following policies (subject to Cabinet and Council approval) on its website for dealing with dangerous structures as follows:-
a. In an EMERGENCY situation the Council shall, if reasonably practical to do so give notice to the owner of their intention to take action. The Council will employ a contractor to do the minimum amount of work necessary to remove the danger. The owner, if not previously informed, will later be notified of the action and the fact that he/she is liable for the Council's full costs.
b. Where a dangerous structure is identified BUT IS NOT AN EMERGENCY, the Council will attempt to obtain a verbal commitment from the owner to remove the danger immediately. If not achieved, formal notice will be sought and served on the owner via the Magistrates Court under section 77 of the Building Act, requiring that the danger is removed. If the owner fails to comply, the Council will employ a contractor to do the minimum amount of work necessary to remove the danger.
(Proposed by Cllr T W Snow and seconded by Cllr P F Williams)
Note: - Report previously circulated and attached to minutes.
Supporting documents: