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The Housing Act 1985 and The Acquisition of Land Act 1981
City of Salford (5 Franklin Street, Eccles)
Compulsory Purchase Order 2025
Notice is hereby given that the Council of the City of Salford has made the City of Salford (5 Franklin Street, Eccles) Compulsory Purchase Order 2025 under section 17 of the Housing Act 1985. It is about to submit this order to the Secretary of State for Housing, Communities and Local Government for confirmation, and if confirmed, the order will authorise the Council of the City of Salford to purchase compulsorily the land described below for the purpose of providing housing accommodation.
A copy of the order and of the accompanying map may be seen at all reasonable hours at the Law and Administration Division, Customer and Support Services Directorate, Salford Civic Centre, Chorley Road, Swinton, Salford, M27 5DA and at the Customer Service Centre, Ground Floor, Town Hall Extension, Manchester, M60 2LA (for satellite navigation, use M2 5DB)
A copy of the order and of the accompanying map may be viewed online on this page. Electronic copies can also be obtained by emailing wendy.burgess@manchester.gov.uk to request a copy.
Any objection to the order must be made in writing to Planning Casework Unit, 4th Floor, 23 Stephenson Street, Birmingham, B2 4BH or to pcu@levellingup.gov.uk before 8 August 2025 and should state the title of the order, the grounds of objection and the objectors address and interests in the land.
329.48 square metres dwellinghouse 5 Franklin Street, Eccles, M30 0GY and adjoining half width of alley way to the rear and adjoining half width of public highway known as Franklin Street, Eccles (registered under title number GM18762) (Plot 1)
Surjit Tour, City Solicitor
Date: 9 July 2025
Salford City Council (in this order called "the acquiring authority") makes the following order:
Table 1 - Qualifying Persons Under Section 12 (2)(A) of the Acquisition of Land Act 1981 (3)
|
Number on map (1) |
Extent, description and situation of the land (2) | Owners or reputed owners | Lessees or reputed lessees | Tenants or reputed tenants (other than lessees) | Occupiers |
|---|---|---|---|---|---|
| 1 | All interests in 329 48 square dwellinghouse 5 Franklin Street, Eccles, M30 0GY and adjoining half width of alley way to the rear and adjoining half width of public highway known as Franklin Street, Eccles except interests held by the acquiring authority |
|
- | - |
|
Table 2 - Other Qualifying Persons under Section 12 (2A) (a) of the Acquisition of Land Act 1981 (5)
| Number on map (4) | Name and address | Description of interest to be acquired |
|---|---|---|
| - | - | - |
Table 3 - Other Qualifying Persons under Section 12 (2A (b) of the Acquisition of Land Act 1981 not otherwise shown in tables 1 and 2 (6)
| Number on map (4) | Name and address | Description of land for which the person in adjoining column is likely to make a claim and the reasons for the likely claim |
|---|---|---|
| - | - | - |
Statement of reasons (Addressing the requirements of DLUHC 2019 Guidance on Compulsory purchase process and The Crichel Down Rules) (“the Guidance”).
1. Statement of Reasons for making the Order
1.1 The purpose of this statement is to explain to those who may be affected the reasons why Salford City Council (the City Council) has made this compulsory purchase order (CPO) under the provisions of Section 17 of the Housing Act 1985.
2. Description of the Order Lands, location, topographical features, and present use
2.1 5 Franklin Street, Eccles, M30 OGY (“the Order Land”) is a two storey end terraced property built pre 1918 constructed in a traditional manner comprising of solid load bearing brickwork. The main roof is pitched and covered with slate and there is a two storey rear outrigger, which is pitched but with a temporary fabric roof covering. There is a semi-octagonal single storey bay window to the front elevation which has a flat roof construction. The property comprises a small basement, two living rooms and a kitchen on the ground floor and two bedrooms and former bathroom on the first floor. There is an outbuilding to the rear and the property benefits from a front and rear garden.
2.2 The property is located in the Eccles ward, adjacent to the main arterial road of Liverpool Rd, which runs from the city boundary at Cadishead and the Warrington/M6 motorway network towards the western edge of Eccles Town Centre. At its midpoint it crosses beneath the M60 motorway. Liverpool Road is part of an important route that runs between Manchester and Warrington via Salford. The immediate area benefits from highly accessible public transport links with Patricroft train station approximately 0.2 miles away and Eccles Town Centre being one mile away with a bus interchange and Metrolink stop. Manchester City Centre is within 10 miles of the property.
2.3 5 Franklin Street is in poor condition with a number of serious Category 1 hazards and Category 2 hazards. There is no roof to the outrigger and is covered with a makeshift felt covering. There had previously been a plastic sheeting which had ripped and degraded and had allowed water to ingress into the property for many years. The bathroom has been removed and the kitchen facilities are dated and inadequate. The electrical system is unsatisfactory and there is evidence of structural defects. This is compounded by severe cluttering to each room. The property is in such a poor state of disrepair that an Order has been confirmed to prohibit its use as residential accommodation. As such the property has remained vacant since October 2011.
2.4 The property is registered at HM Land registry under the title number GM18762. The tenure of the property is freehold.
3. Area of the Order Lands
3.1 The total area of land included within this compulsory purchase order is 328.15 square meters and comprises a vacant house with a front and rear garden
4. The Enabling Power
4.1 Section 17 of the Housing Act 1985 empowers local housing authorities to compulsorily acquire houses for the provision of housing accommodation. This includes bringing empty properties back into residential use which have either been empty for lengthy periods of time and/or which are in an uninhabitable state of repair. This acquisition must achieve a quantitative or qualitative housing gain.
4.2 Under the provisions of Section 17 (1) (b) of the Housing Act 1985, the local housing authority may acquire houses, or buildings which may be made suitable as houses, together with any land occupied with the houses or buildings.
4.3 Under the provisions of Section 17(2), the local housing authority is empowered to acquire land for the purpose of disposing of houses provided, or to be provided, on the land or of disposing of the land to a person who intends to provide housing accommodation on it.
4.4 Section 17(3) allows the local housing authority to acquire land by agreement, or they may be authorised by the Secretary of State to acquire it compulsorily.
4.5 Section 18 (1) of the Housing Act 1985 states that, where a local housing authority acquire a building which may be made suitable as a house, they shall forthwith proceed to secure that the building is so made suitable either by themselves executing any necessary works or by leasing or selling it to some person subject to conditions for securing that he will so make it suitable
5. Purpose for seeking to acquire the land
5.1 The purpose of seeking this CPO is to facilitate the return of an empty property back to residential use and to restore it to full occupation. The City Council believes that this is an action of last resort as there is no prospect of this property being returned to residential use without the use of a CPO and subsequent resale.
6. Justification for making the CPO
6.1 The City Council was first alerted to concerns about the property following a referral from the Royal Society for the Prevention of Cruelty to Animals (RSPCA) who had inspected 5 Franklin Street after a report of animal cruelty and found a number of feral cats to be living in very poor conditions with animal faeces covering the floor. As the owner was also living in the same conditions, the Council’s Environmental Protection team inspected the property on 22 September 2008 and served a Public Health Act 1936 notice to remedy the condition of the premises which were considered to be in a filthy or unwholesome condition. The owner failed to comply with the notice so the Council carried out works in default on the 23 and 24 October 2008.
6.2 Council Officers conducted a further inspection of the whole house under the Housing Act 2004 on 10 March 2009 where the property was found to be in poor condition with a number of serious category 1 and 2 hazards. A further visit on 7 April 2009 found the electrical installation to be unsatisfactory and a structural survey raised concerns about the structure and the lack of maintenance. On 28 January 2010 a letter was sent with the survey reports to the owner which raised concerns about the property condition and requested the owner to provide the Council with a schedule of works inclusive of timescales for completion within 6 weeks, by 11th March 2010.
6.3 The owner replied on 23 March 2010 to say he intended to complete the works and to commission his own structural report. Two further letters to the owner on 22 July 2010 and 20 August 2010 asked that a schedule of works, inclusive of reasonable timescales for improving the property, be submitted as soon as possible. As no response was received, a further visit was arranged for 11 October 2010. The visit revealed that the property was unchanged since the original inspection.
6.4 In the absence of the owner carrying out any works to the property and taking into consideration the state of the property the Council took the decision to serve a Prohibition Order on 3 November 2010 under section 20 of the Housing Act 2004 and an advisory Hazard Awareness Notice under section 29 of the Act. The effect of the Prohibition Order would be to prohibit the property for use as residential accommodation. The owner appealed the Notice but after consideration from the Residential Property Tribunal at an appeal hearing on 7 March 2011, the Tribunal ruled in favour of the Council and confirmed the Order. The owner moved into social housing with a registered provider (RP) on 31 October 2011.
6.5 On 5 April 2011 a social worker advised the Housing Standards Officer dealing with the case that the owner had capacity to make decisions about his care needs, retained information on professionals he had input from, had acquired legal representation independently and did not appear to be a vulnerable adult. The social worker advised there was no evidence of need that would warrant a community care assessment and there was no role for the social services at present and the owner had a contact number should he want to discuss their services.
6.6 As the property was empty the Empty Property case officer of the Council wrote to the owner on the 28 November 2013 to make him aware that the Council had been awarded empty property funding from central government and invited him to make an application for grant funding. A deadline of 20 December 2013 was set for a response but the owner did not reply. Further letters were sent on 6 January 2014 with a deadline of 20 January 2014, 21 May 2014 with a deadline of 6 June 2014 and 24 June 2014 with a deadline of 20 July 2014. The owner did not respond to these letters. The owner finally responded to the case officer in a letter dated 28 July 2014 where he declined all the options of assistance and stated it was his wish to move back into 5 Franklin St.
6.7 The case officer sent a letter to the owner on the 21 November 2014 to request an opportunity to inspect the property. On 28 November 2014 the case officer received a phone call from the owner where he stated he had an emotional attachment to the property and he was not interested in selling the property, nor applying for a grant so the property can be let to someone else. He wanted to repair the property so as to remove the Prohibition Order and live in the property. He said he was retiring in 18 months and will be eligible for his state pension. This was reiterated in another phone call between the owner and the case officer on 19 January 2015 where he stated it was his intention to carry out works to revoke the Prohibition Order.
6.8 On 21 January 2015 the case officer sent a letter to the owner asking him to make contact to arrange a survey of the property, and on 16 March 2015 the case officer sent a letter to the owner asking for his intentions regarding the property and also supplied information on options available to him.
6.9 On 8 April 2015 the case officer received a letter from the owner saying he needed first to address the works required to get the prohibition order lifted and he had a budget of £25,000, and the main project was to deal with the outrigger.
6.10 On 22 April 2015 the case officer wrote a letter to the owner requesting to undertake an inspection so a schedule of works could be costed by contractors which would enable all parties to have a clear idea of how much the necessary works would cost and realistic timescales obtained. He was also advised another option would be to sell the property. He agreed to this inspection which was carried out on 12 May 2015.
6.11 On 22 June 2015 the case officer sent a schedule of works to the owner and asked for three estimates to be provided to demonstrate his commitment to bringing the empty property back into occupation. He was also advised that if he did not provide the information requested, the council would have no option but to consider enforcement action which could include the service of further notices, negotiations to acquire by agreement or a CPO order.
6.12 On 17 September 2015 the case officer received a letter from the owner saying he had a target for occupation of the property for April 2016 and he did not want any financial assistance from the council. The case officer replied agreeing to this.
6.13 On 10 February 2016 and 21 March 2016 the case officer wrote letters to the owner requesting that he contact the council to arrange an inspection of the property. The Council received no replies to these letters.
6.14 On 16 June 2016 the case officer wrote to the owner advising they had not received a reply to the recent letters and there did not appear to be any realistic prospect of the property being refurbished and occupied so they would be making arrangements to have the property surveyed to assess its condition and value, which would help the council decide on the most appropriate course of action.
6.15 On 21 July 2016 the owner wrote a letter to the council saying he had money to meet the renovation costs and he was committed to keeping the property for his use, and he was willing to negotiate some compensation to the council in exchange for a more reasonable stance on their part.
6.16 On 14 September 2016, officers from the Empty Property section of the council had a meeting with the owner at the council offices. The owner said it was his intention to refurbish the property and then reoccupy it. Stage 1 was to get a drainage survey and to get an estimate for the drainage works and the repairs to the outrigger. A time scale of 1 month was agreed for this.
6.17 On 15 November 2016 the case officer rang the owner, and left a message on his answerphone to contact him regarding progress.
6.18 On 20 September 2017 the case officer wrote to the owner asking what steps he had taken to restore the property to residential use. The owner did not respond to this letter, so on 27 November 2017 a further letter was sent asking to arrange an inspection of the property. No response was received so a further letter was written to the owner on 16 January 2018 requesting an inspection.
6.19 On 29 January 2018 the owner rang to say he was retiring next month. He had some money put aside and was looking to take a cash sum from his pension, and would have free time to start on the house. He said works would start in the summer of 2018 and would be completed in the summer of 2019.
6.20 On 2 July 2018 it was arranged with the owner that the property would be inspected to assess its condition in conjunction with the Property Section, then known as Urban Vision, to assist the council in deciding its next course of action. This inspection was carried out on 21 September 2018.
6.21 On 23 July 2018 the case officer had contact with a social worker who advised she was going to call the owner and make an assessment of whether he needs assistance.
6.22 On 24 August 2018 a social worker advised that a Neighbourhood Officer from the RP had visited the owner at his flat and reported concerns for welfare and hoarding/self-neglect. On 17 September 2018 the Neighbourhood Officer advised they had been informed that the safeguarding team were not going to take the case any further.
6.23 5 Franklin Street was inspected on 21 September 2018. There had been little progress in bringing the property to a habitable condition. On 22 November 2018 the case officer received the valuation from the Property team.
6.24 On 25 January 2019 the property was further inspected by a Building Control Officer due concerns regarding the structural stability of the outrigger. The Building Control Officer did not feel the outrigger to be in an immediately dangerous condition.
6.25 On 6 February 2019 the Property Section officer advised the case officer that the owner seemed stressed about the potential of a compulsory purchase order being put on 5 Franklin Street. On 7 February 2019 the owner’s social worker was informed of the concerns by the case officer. The social worker said no formal safeguarding route was being taken and they were working with the RP Neighbourhood Officer to resolve his hoarding.
6.26 On 5 March 2019 the case officer contacted the RP’s Community Safety Officer who advised that a referral had been made under self-neglect. He said the social worker had visited the owner on 31 January 2019 and the social worker said he did not have any care needs. He said the conditions in the owner’s flat had improved and was safe.
6.27 On 7 March 2019 the case officer advised the Property Officer that the social services did not have any concerns and asked him to start discussions with the owner to buy the property by agreement.
6.28 On 25 March 2019 the property section sent an offer letter to the owner to offer to buy the property at market value. The letter also stated that if the council were unable to agree terms to an acquisition by agreement, the council would seek to use its powers to compulsory purchase the property to ensure it is brought back into use.
6.29 On 21 May 2019 the owner advised the Empty Property Team Leader that he wanted to refurbish the property and move in. He said he had full mental capacity and would instruct his own surveyor.
6.30 On 25 May 2019 the owner rang the Council and again said he wanted to repair the property and live in it. He said he had £25,000 and could get money from his pension. The officer that he spoke to advised him that if the property wasn’t made habitable, there was the likelihood that the property considered for compulsorily purchase. The owner said he would object to that.
6.31 On 18 June 2019 the Property Section officer advised that the owner had rejected the offer.
6.32 On 5 July 2019 the owner rang and said he wanted to get the repairs done on the house and move into it. He did not want to sell the property. On 23 July 2019 the owner rang and again said it is his intention to repair the property and move in and he did not want to sell the house.
6.33 On 25 July 2019 the Property Section officer advised that the owner had again said that he was not willing to sell, it was not a question of what he was offered for the property, and he would challenge any attempt at compulsory purchase.
6.34 On 14 August 2019 the owner sent a letter to the case officer expressing his desire to restore the house to a habitable state and his emotional attachment to the house and on 2 September 2019 he wrote a further letter requesting a meeting with the case officer.
6.35 On 20 September 2019 the case officer met with the owner and the owner showed paperwork to suggest he may have £50,000. It was agreed to give the owner until February 2020 to get estimates for the works.
6.36 On 11 March 2020 the case officer contacted the owner who said he had visits from four contractors, but none of them had got back to him with a quote. On 25 August 2020 and 11 September 2020 the owner advised the case officer he was still searching for suitable contractors.
6.37 On 14 January 2021 the case officer wrote to the owner asking to be updated on progress, as he was now at the stage of last resort which would be proceedings to compulsory purchase the property.
6.38 On 15 February 2021 the owner contacted the case officer who advised the owner that he needed to make progress as given the length of time the property had been empty, the property was at risk of being compulsory purchased. The owner said this was because he previously could not afford it, but he said from August 2020 he had around £57,000. The case officer asked the owner to keep him informed of progress.
6.39 On 19 August 2021 the case officer wrote to the owner asking to be updated on progress. No reply was received from this letter. The owner was contacted again on 8 December 2021 to arrange an visit to the property. The owner said he had not done anything with the property as he had been knocked of his bike in July 2021 and had been in a brace for a few months.
6.40 On 17 December 2021 the property was visited with the case officer and an officer from the Property Section. A temporary felt- like cover had been placed over the roof rafters of the outrigger, but apart from that there had been no progress. The case officer advised the owner that due to the lack of progress, it was likely that the council would be proceeding with a compulsory purchase order. The owner said he didn’t want that, and the property was his life. The owner said he was going to get a structural report and then get the works done. The case officer advised the owner to prioritise the items that were the subject of the prohibition notice and asked to be kept informed of any progress.
6.41 On 14 January 2022 the case officer wrote a letter to the owner advising that it appeared from his visit on 17 December 2021 that no progress had been made, and informed that officers had been in discussions with him since 2013 regarding the condition of the house. There had been little improvement during this time and he was not confident that the property would be brought up to an acceptable standard in a reasonable timescale. The owner was advised that enforcement action regarding the property is to be progressed, which may lead to compulsory purchase being pursued as an option of last resort. The case officer received no reply to this letter.
6.42 On 10 October 2022 the case officer asked the Property Service Officer to send another offer letter to the owner. The Property Officer replied on 28 October 2022 saying he was awaiting a revised valuation.
6.43 On 10 November 2022 a social worker contacted the Team Leader of the Empty property section to say she had been allocated to the owner and if there were any orders on the property. The Manager advised the social worker that there was a Prohibition Order on the property and we were preparing a CPO order.
6.44 On 21 November 2022 the social worker advised the Empty Property Team Leader that she had not yet been able to complete an Autism Spectrum Condition assessment with the owner, and the Police and Fire Service had visited the property in the late hours of 20 October 2022 as a nearby resident had reported an intruder, and the owner was in the property when they visited.
6.45 On 6 February 2023 the social worker asked the Empty Property Team Leader what the owner was being asked to do to the property to move it out of its current condition and was there any support that would be available to him. The Empty Property Team Leader advised the social worker that the work required at the property was extensive and would be in excess of any assistance the Housing Improvement Service could provide. She advised the Social worker the Council was progressing enforcement options which would result in pursuing compulsory purchase of the property and advised that the owner had said previously he would fight this action if it was taken.
6.46 On 10 February 2023 the Property Section gave the Empty Property Section an updated valuation. The Empty Property Team Leader requested that the Property Section Officer enter into negotiations to buy the property from the owner by agreement.
6.47 On 13 February 2023 the social worker asked for a copy of the Prohibition Order and this was sent to her.
6.48 On 26 April 2023 the Property Service Officer wrote to the owner offering to purchase the property at market value. The letter also advised that the Council was considering the use of compulsory purchase powers to ensure the property can be brought back into a habitable condition. An accompanying letter of the same date asked for a response within 4 weeks of the date of the letter. No response was received to this letter.
6.49 The case officer sent a further letter on 23 February 2024 asking the owner to make contact within the next 7 days to discuss the acquisition of the property by agreement due to the poor condition of the property. No reply was received to this letter.
6.50 Since January 2023 Adult Social Care have been trying to engage with the owner regarding both the property and options available , and support with any additional needs that the owner may have, with little progress being made. During the period, the Police Welfare Officer has also tried to engage with the owner to express concerns regarding fire safety and the possibility of intruders du to the poor condition of the property. The Police Welfare Officer last reported on 29 December 2023 their continuing concerns and lack of engagement from the owner.
6.51 In summary, 5 Franklin Street Eccles was served with a Prohibition Order which was upheld on appeal on 15 March 2011 due to the conditions within the property. One of the reasons for the serving of the Prohibition Notice was that the owner, whilst still living in the property, had removed the roof of the outrigger and then left it in this state for a number of years, causing substantial damage to the outrigger due to rainwater penetration. During the period from March 2019 to February 2024 officers from various services have sought to engage with the owner including many telephone calls with the owner, several visits to the property and letters sent reaching out to the owner. The owner has made it clear that he does not want to engage with the officers to discuss options regarding the property.
6.52 The owner has been consistently of the view that he does not wish to sell the property. It has been his intention to refurbish the property so as to remove the Prohibition Notice and move back into the property. However there has been no improvement in the property since the Prohibition Notice was served in 2011.
6.53 The Council has considered the following as an alternative to CPO in an effort to bring the property back into use.
6.54 Deferred action: the property is a wasted resource at a time of significant demand for housing. The owner has made little effort to bring the property back into occupation. Consequently, deferred action is not a viable option.
6.55 Purchase by agreement: The Council’s preferred option was to offer to purchase the property by agreement. The owner has advised he does not wish to sell the property. The owner has subsequently been written to advise that the Council will now commence the compulsory purchase procedure. The Council would be willing to continue negotiations alongside the compulsory purchase process should the owner wish to sell the property.
6.56 Improvement Notice: An improvement notice under the Housing Act 2004 was not served as a Prohibition Order and a Hazard Awareness Notice under the Housing Act 2004 was served and upheld on appeal on 7 March 2011.
6.57 Demolition: Although there is a cost element involved in renovating the property, the condition of the whole dwelling does not merit demolition because it would involve the loss of a property resource. The property is an end- terrace and demolition would require the rebuilding of the adjoining properties gable wall and may result in structural defects; this could also leave the Council exposed to claims for compensation from the adjoining property owner.
6.58 Empty Dwelling Management Order (EDMO): An alternative to the making of a compulsory purchase order would be an application for an Empty Dwelling Management Order (EDMO) under Part 4 of the Housing Act 2004. This would allow the Council to take over the management of the house, renovate it, and then rent it out for a period of seven years. The Government guidance states that local authorities must have regard to the cost of renovating a property being considered for an EDMO, since the only way they would be able to recover the costs of renovation would be through rental income. It is likely that the actual refurbishment costs would be in excess of the amount that the Council could recover from 7 years rental income and management fees, so this option has ben discounted.
6.59 It is the Council’s intention to either retain the property after acquisition and refurbish and provide tenanted accommodation, to sell the property to a housing provider, or to sell the property on the open market. The sale would be subject to the purchaser undertaking to renovate the property within an agreed timescale. As the sale will be conditional it will include timescales within which renovation must be completed in order for the conditions to be met it is therefore anticipated that the property will be brought back into use well within three (3) years of the confirmation of the proposed order.
6.60 The property is currently unoccupied and has been for over twelve years with a minimal prospect of the current owner bringing the property back into residential occupation. The CPO will enable the Council to take ownership and control , ensuring that its condition mees modern standards and the property is brought back into residential use. There will therefore be a qualitative and a quantitative housing gain.
7. Proposals for the Use of the Land
7.1 The purpose of the proposed compulsory purchase order is to bring this long term vacant property back into use by making it fit for human habitation.
7.2 Once title is vested in the council, the intention is either retain the property after acquisition and refurbishment to provide tenanted accommodation, to sell the property to a housing provider, or to sell it on the open market, with conditions attached to the sale relating to the timescale within which the property will be brought back into use. Similar properties marketed by the Property Section have achieved an appropriate price and attracted much interest from both investors and owner occupiers in Salford over the last 6-12 months, indicating a healthy market for onward disposal.
8. Statement of Planning Position
8.1 Relevant national planning policy
8.2 Relevant local planning policy
The Salford Local Plan:Development Management Policies and Designations were adopted by full Council on 18 January 2023. It now forms part of the statutory development plan for Salford and replaces all the saved policies of the Unitory Development Plan.
8.3 Site specific
Although there are no specific land use designations that apply in this case, a general policy which has been retained, which is relevant, includes:
Policy H3 Housing Density
The property’s demolition would not be straightforward given the property joins a boundary with an adjacent properties driveway/garage area and it is an end-terraced property. Re-use of the existing building would therefore be preferable and residential use in the form of a dwelling house would be the most appropriate use.
8.4 Relevant corporate polices
The policy framework, which supports the making of this compulsory purchase order includes:
8.5 Bringing empty homes back into use, after renovation, will help the Council in delivering its target for increasing the number of private sector homes that meet the Decent Homes standard. The bringing back into use of empty and problematic housing in sustainable, high demand areas will help to achieve this as will the improvement of the local environment.
8.6 It is considered that the reasons behind the making of the compulsory purchase order and the proposals for the subsequent use of the building are consistent with the broad housing policies outlined above.
9. Extra Information required pursuant to paragraph 137 of the Guidance
Paragraph 137 of the Guidance requires demonstration of the needs for the provision of further housing accommodation in its area. This information includes:
9.1 The total number of dwellings in the district: In April 2020 there were 120,148 dwellings in Salford.(Council tax data, registered providers stock list) The number of homes within Eccles was 6,095 with a turnover of 1.83%, which is below the city average (2.5%). In April 2021 the number of people on the housing register in the Eccles ward was 187. (Salford Homesearch report 31/3/2021)
9.2 The total number of substandard dwellings (i.e., the quantity of housing with Category 1 hazards as defined in section 2 of the Housing Act 2004): In relation to the total number of substandard dwellings (i.e., the quantity of housing with category 1 hazards as defined in section 2 of the Housing Act 2004); The Category 1 hazards in Salford were found in the owner-occupied properties with no mortgage at 3.2% followed by the private rented sector with 1.9%. The overall Salford Decent Homes failure level was 9%, and in Eccles at a lower rate of 3.5% The worst levels of non-decency were found in the private owner occupier with no mortgage sector with 10.9%, followed by residential social landlord at 10%, private owner occupier with mortgage with 8.2% and the private rented sector at 6.8%. (Private Sector Stock Condition Survey 2016) It should be noted that the property subject to the CPO has category 1 hazards present.
9.3 The total number of households and the number for which, in the authority’s view, provision needs to be made: The total number of households in Salford is reported as 122,869 in 2021. The GM Strategic Housing Market Assessment 2020 has identified 809 annual shortfall of affordable housing for Salford. Approximately 36,203 new dwellings will be provided in Salford between 2020 and 2037, equating to an average of 2,129 homes per annum over the plan period, (Source- Greater Manchester Strategic Housing Market Assessment 2020).
9.4 Details of the authority’s housing stock by type, particularly where the case for compulsory purchase turns on need to provide housing of particular type: The authority no longer has housing stock in this area, it only has properties in Langworthy (PFI). However, there is evidence of high demand for social housing in Eccles with 266 bids on the choice based letting system (CBL) for 2 properties (133 bids per property) in March 2021.(Salford Homesearch) Given these factors there is a need to support housing delivery and supply of rented affordable housing and affordable home ownership and housing for sale. This needs to continue to be aligned to wider current and future economic growth and regeneration initiatives in the area.
9.5 Where it is not possible to identify a prospective purchaser at the time a compulsory purchase order is made, details of the authority’s proposals to dispose of the land or property, its grounds for considering that this will achieve the provision of housing accommodation and when the provision will materialise: An options appraisal has been undertaken by Salford City Council to determine the most appropriate means of disposing of the property to achieve current market value, as dictated by the prevailing market prices in order to secure its refurbishment and subsequent reoccupation. It is the Council’s intention to either retain the property after acquisition and refurbish and provide tenanted accommodation, to sell the property to a housing provider, or to sell the property on the open market. The City Council proposals for the site would promote and improve the well-being of the area, and complies with policies for regeneration. Any disposal considered will minimise the financial risk to the City Council and any sale would be subject to the purchaser undertaking to renovate the property within an agreed timescale. As the sale will be conditional it will include timescales within which the renovation must be completed in order for the conditions to be met, it is therefore anticipated that the property will be brought back into use well within three (3) years of the confirmation of the proposed order to provide a decent home at a time of great housing need. This property is a 2 bedroomed property with a large garden, and with access to local schools and transport links it will be attractive to economically active groups seeking an affordable family home.
10. Financial ability of the Council in relation to the acquisition and associated compensation related to the Order Lands
10.1 There is capital budget provision to acquire the property. This will cover any ancillary costs, such as making the CPO, Council Tax, insurance, keeping the property secured against unauthorised access, marketing and professional fees in addition to any Inquiry costs should one be called, within the enforcement budget. The capital budget provision will also extend to any costs should the matter go to tribunal.
11. Special considerations applying to the Order Lands
11.1 The property is not a Listed Building or located within a designated Conservation Area.
12. Government views about the proposed development of the Order Lands
12.1 There are no Government views about the proposed development of the Order Lands.
13. Related orders, applications, consents or appeals etc. made under other powers
13.1 A Prohibition Order under Section 20 of the Housing Act 2004 prohibiting any occupation of the house, and a Hazard Awareness Notice under Section 22 of the Housing Act 2004 was served on 3 November 2010 and remains in force.
There are no other related orders, applications, consents or appeals in connection with this compulsory purchase order.
14. Information of interest to persons affected by the compulsory purchase or proposed development of the Order Lands, including re-housing and compensation issues
14.1 The compulsory purchase order will not affect any resident as the property is currently empty and the owner has been rehoused in registered social landlord accommodation. The owner will be entitled to receive compensation in respect of his interest in the property in the event that the CPO is confirmed
15. Human Rights Act 1998 and the Equality Act
15.1 A CPO should only be made where there is a compelling case in the public interest which justifies the overriding of private rights in the land sought to be acquired.
15.2 In respect of human rights, regard should be had in each case in particular to the provisions of Articles 1, the right to peaceful enjoyment of your possessions, Article 6, the right to a fair and public hearing and Article 8, the right to resect for private and family life, of the First Protocol to the European Convention on Human Rights.
15.3 In relation to Article 1, whilst the owner will be deprived of their property if the CPO is confirmed and implemented, this will be done in accordance with the law and they will receive appropriate compensation for their interests. Further, the right under Article 1is qualified rather than absolute as it permits the deprivation of an individual’s possessions where it is in the public interest. In this case, whilst the owner is unwilling or unable to return the property to a habitable condition or sell it to the Council, the wider public interest would be served by bringing back the property into use, thus addressing the housing need in the area.
15.4 The Council is willing to continue to try to negotiate with the owner to buy the property by agreement or enter into an agreement with the owner whereby the owner brings the property back into use within an agree timescale. The compulsory purchase order powers are being used as a last resort as attempts to resolve the situation have failed and there is no alternative if the property is to be brought back into beneficial use.
15.5 All public sector acquiring authorities are bound by the Public Sector Equality Duty as set out in Section 149 of the Equality Act 2010. Throughout the compulsory purchase process acquiring authorities must have due regard to the need to: (a) eliminate lawful discrimination, harassment, victimisation (b) advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it, and (c) foster good relations between persons who share a relevant protected characteristic and persons who do not share it. In performing their public functions, acquiring authorities must have due regard to the need to meet these three aims of the Equality Act 2010. The Empty Property Section has discussed the owners situation with his social workers, both in the past and at present. The Empty Property Section has previously been advised by social services that the owner does not have any care needs. The case officer is of the opinion that the owner does not have any of the protected characteristics as defined in the Equalities Act.
15.6 Having regard to the above, it is considered, on balance, and in the public interest, that the compulsory purchase of 5 Franklin Street, Eccles, M30 0GY is the most appropriate way forward.
16. Statement justifying the extent of the scheme to be disregarded for the purposes of assessing compensation in the “no-scheme world”
16.1 Section 6D(1) Land Compensation Act 1961 states that, subject to the exceptions in subsections (2)-(5) which do not apply here, the "scheme" in relation to a compulsory acquisition is the scheme of development underlying the acquisition. In this case, the scheme relates to the renovation of the property at 5 Franklin Street to bring it back to a habitable condition. The property will either be retained by the Council after acquisition and refurbished to provide tenanted accommodation, be advertised for sale on the open market as a residential dwelling, with timescales within which the renovation must be completed, or disposed of to an appropriate registered provider. In valuing the compensation due, the Council will apply the “no-scheme principle” under section 6A(2) Land Compensation Act 1961 and will disregard any increase or decrease in the value of the land caused by the scheme, or by the prospect of the scheme.
17. Conclusion
17.1 The CPO would secure the future of the dwelling, enabling an empty and uninhabitable property to be brought back into use thus meeting the need for good quality, affordable homes in the area. There would appear to be no prospect of the owner being able to bring the property into a habitable condition. The owner has refused or not replied to the offers of Salford City Council to buy by agreement.
17.2 As addressed in this statement there is a clear proposal for this land, with funding allocated and there are no impediments to delivery. The Council’s proposals are supported by both local and national policy. As has been demonstrated above there is a compelling case in the public interest which justifies interfering with the rights of those who have an interest in the land
18. Compulsory Purchase (Inquiries Procedure) Rules 2007
18.1 This statement of reasons is not a statement under Rule 7 of the Compulsory Purchase (Inquiries Procedure) Rules 2007
19. Documents, maps, plans or other relevant information in the event of a Local Inquiry
19.1 In the event of a public inquiry or written representation procedure, the Council intends to refer to or put into evidence the following documents, maps and plans:
National and local planning policy
1.1.1 National Planning Policy Framework as amended, December 2023
1.1.2 Housing and Planning Act 2016,
1.1.3 Neighbourhood Planning Act 2017
1.1.4 Housing Act 1985
1.1.5 Acquisition of Land Act 1981
1.1.6 DLUHC Guidance on Compulsory purchase process and the Crichel Down Rules (2019).
Corporate policies
1.1.7 Housing strategy 2020 to 2025
1.1.8 Tenancy Strategy 2013 to 2018
1.1.9 Homelessness Strategy 2018 to 2023 – Early intervention, effective prevention, and innovative solutions
1.1.10 Allocations policy 2022
19.2 The Council may also refer to other documents in order to address any objections made to the order.
Contact
Should you wish to discuss the order and/or progress negotiations please contact Simon Conroy, Regulatory Services – 0161 686 5858.
If you are unable to view documents of these types, our downloads page provides links to viewing software.
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