Arising from a report of the Head of Planning and Regeneration, the Scrutiny Committee had made the following recommendations:
· 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.
Decision:
Arising from a report of the Head of Planning and Regeneration, the Scrutiny Committee had made the following recommendations:
· 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.
This was approved subject to amendments to bullet points 1 and 2 to read:
· 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 not less than 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 including featuring on the Council’s website if possible and where appropriate.
Minutes:
Arising from a report of the Head of Planning and Regeneration, the Scrutiny Committee had made the following recommendations:
· 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.
The Cabinet Member for Planning and Economic Regeneration stated that the Cabinet was well aware of the history of the site and the lessons learnt, the recommendation from the Scrutiny Committee was welcomed and had set out how the authority would deal with such issues in the future.
The Chairman read correspondence received from a Cullompton Ward Member which urged the Cabinet to support the recommendations and suggesting whether other dangerous buildings which were the subject of monitoring could be listed on the website so that the public were aware. It was suggested that legal advice be sought due to data protection issues.
It was therefore
RESOLVED that the recommendations of the Scrutiny Committee be approved subject to amendment to bullet points 1 and 2 to read:
· 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 not less than 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 including featuring on the Council’s website if possible and where appropriate.
(Proposed by the Chairman)
Note: Report previously circulated copy attached to signed minutes.
Supporting documents: