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					                                  MANCHESTER CITY COUNCIL
                                   REPORT FOR RESOLUTION

COMMITTEE                  EXECUTIVE

DATE                       21st JANUARY 2004

SUBJECT                    REGENERATION OF THE TOXTETH STREET
                           NEIGHBOURHOOD.

REPORT OF                  THE DIRECTOR OF MANCHESTER HOUSING

-------------------------------------------------------------------------------------------------------
PURPOSE OF REPORT

To request Executive to note progress to bring forward an outline regeneration
scheme for the Toxteth Street area, East Manchester ( appendix one). To approve
the commencement of detailed consultation to support the redevelopment/
remodelling of the area ( appendix two ), and a programme of acquisitions for the
purpose of furthering the regeneration of the area.

RECOMMENDATIONS

The Executive is requested to:

Note progress on the outline regeneration scheme

    1. Approve a continuing programme of acquisitions to support the regeneration
       of the area

    2. Request that, in the event of compulsory acquisition becoming expedient for
       the regeneration of the area, officers shall bring a further report to the
       Executive.


FINANCIAL CONSEQUENCES FOR THE REVENUE BUDGET

There are no financial consequences in respect of this report in relation to the
revenue budget as work will be carried out by existing staff, further reports will be
submitted for consideration in accordance with the current legislation which will
provide details of any financial consequences for the revenue budget




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FINANCIAL CONSEQUENCES FOR THE CAPITAL BUDGET

Costs will be incurred when properties are acquired. These costs will be contained
within the HMR budget.


CONTACT OFFCIERS                EXTENSION             EMAIL ADDRESS

Suzanne Price                   230-2100             s.price@notes.manchester.gov.uk
Roy Smith                       231-7101             r.smith1@notes.manchester.gov.uk



BACKGROUND DOCUMENTS

New East Manchester „A New Town in a City‟ Regeneration Framework March 2001
Housing Act 1985
Local Government and Housing Act 1989
Housing Grants, Construction, and Regeneration Act 1996
DOE Circular 17/96 "Private Sector Renewal: a Strategic Approach".
Community Strategy
Corporate Housing Strategy
Planning policy for the area contained in the UDP and SPG
Housing Market Renewal Area Development Framework- East Manchester, June
2003.


WARDS AFFECTED

Openshaw


IMPLICATIONS FOR:               ANTI              EQUAL                 ENVIRONMENT
                                POVERTY           OPPORTUNTIES
                                YES               NO                     YES

                                EMPLOYMENT                        HUMAN RIGHTS

                                OPPORTUNTIES
                                NO                                YES




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1.      BACKGROUND

1.1     The East Manchester Regeneration Framework, published by New East
        Manchester Ltd., March, 2001 and approved/adopted by Manchester City
        Council sets out the long term strategic context for the economic, social and
        physical improvement of East Manchester. The Framework is consciously
        holistic in nature, addressing housing, economic development, employment,
        education and transport issues in an integrated manner. NEM and all the
        other agencies and initiatives involved in East Manchester recognise that
        integrated action- tackling these issues together, seeing and addressing the
        linkages between them- is a pre condition of sustainable regeneration.

1.2     Fundamentally, the objective is that East Manchester will once again become
        a place where people chose to live, work and invest; competitive with other
        parts of the city and conurbation; and thereby reconnected with, and able to
        participate in the economic and social success of Manchester.

1.3     One of the key themes of the housing strategy for East Manchester includes
        developing a broad and robust neighbourhood managing regime, with the aim
        of arresting and reversing the wholesale decline of deprived neighbourhoods
        and preventing decline from recurring again.

1.4     The Regeneration Framework, whilst establishing the principles which
        underpin the regeneration programme, was not intended to provide the focus
        necessary to deal with the detail of specific challenges facing the
        communities in East Manchester. This is being achieved through the
        establishment of a rolling programme of neighbourhood planning which
        provides focussed attention on 16 discrete neighbourhoods encompassing
        the whole of the East Manchester area. 13 of these are residential in nature,
        including Newton Heath, which was added following the announcement of
        Housing Market Renewal Support by government to provide much needed
        resources to the Manchester/ Salford Pathfinder Partnership for the first two
        and a half years of a 10 year programme to restructure housing markets in
        areas of poor and obsolete private housing.


2       TOXTETH STREET NEIGHBOUHOOD

2.1     The area of Toxteth Street consists of 642 properties, 463 of which are
        privately owned, 172 Family Housing Association and 7 City Council
        miscellaneous properties. Information obtained from the Council Tax register
        show that xx properties have been vacant for more than six months.




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2.2     A private sector stock condition survey carried out in May 2000 consisted of
        100% external and 10% internal survey of all the privately owned properties
        within East Manchester. In respect of Toxteth Street some 525 properties
        were identified as unfit or defective. A social survey carried out at the same
        time identified residents main concerns as crime, vandalism and the general
        appearance of the area.

2.3     Toxteth Street was brought forward as a priority within the first phase of
        neighbourhood planning due to present poor property conditions, identified as
        part of the stock condition survey, a concentration of obsolete pre 1919 back
        of pavement terraced housing stock and the major opportunity afforded by the
        Housing Market Renewal programme.

2.4     The neighbourhood planning process, which commenced in November 2001
        for Toxteth Street, includes detailed and ongoing consultation with residents
        and other stakeholders on the appropriate measures necessary to provide for
        the long-term sustainability of the area, whilst seeking to retain the existing
        community and attracting new residents into the area.

2.5     To date a resident steering group has been established, which oversees the
        consultation process and a number of consultation mechanisms have been
        used to capture the views of residents in relation to present conditions and
        the potential for a major revival of the area. A range of consultation methods
        are being used, including, drop- in events, newsletters, social surveys, fun
        days, visits, etc.

2.6     Earlier this year resident representatives were involved in the competitive
        process to select a development partner, Lovell, with the intention that Lovell
        would develop a neighbourhood plan for Toxteth Street.

2.7     In late summer residents were consulted on some initial ideas brought
        forward by Lovell, which identified a level of remodelling, refurbishment and
        redevelopment of the existing stock. Residents were very supportive of these
        proposals and it evident from ongoing discussion with residents that they are
        keen to see this work progressed into an approved neighbourhood plan,
        expected in early 2004.

2.8     Throughout the last year Manchester Housing staff have been working with
        the City Valuer and our external partners to voluntarily acquire empty private
        properties, to be retained and managed until a robust appraisal was c omplete
        which would determine the „best course of action‟ for properties causing blight
        to this neighbourhood. It is intended, that empty property voluntary
        acquisitions will continued to be pursued.




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2.9     In order to deliver the objectives of the proposed neighbourhood plan and the
        Housing Market Renewal programme it is anticipated that clearance of
        obsolete housing, particularly some of the existing pre 1919 terraced stock,
        will be required. Where voluntary acquisition is not achievable, the use of the
        most appropriate compulsory purchase powers will be considered.

2.10    The approach to the use of CPO powers will be to promote orders so as to
        ensure that plans to remodel/redevelop this neighbourhood can be brought
        forward at the earliest time, with a high level of certainty for developers
        seeking to provide major investment into creating long-term sustainable
        developments, for the benefit of existing and future residents.

2.11    In order to facilitate this pro active approach to site assembly and tac kling
        housing stock in poor condition all future land usage within the neighbourhood
        area will be considered in a wider context. In line with existing compulsory
        purchase legislation all other possible alternative courses of action will be
        considered. Account will be taken of a wide range of views including those
        who already have an interest in the area (e.g. residents, landowners and local
        businesses) and in addition those who may wish to take an interest, e.g.
        private developers, potential residents and businesses.


3.      POLICY CONTEXT

3.1     The policy framework, is set out in the Community Strategy, the Corporate
        Housing Strategy the East Manchester Regeneration Framework and the
        planning policy for the area, which is contained within the UDP and SPG.

3.2     The Community Strategy identifies the need to sustain communities to enable
        them to realise their economic and social potential by removing areas of unfit
        housing and improving the range of housing quality and choice. The
        Corporate Housing Strategy plays a key role as a catalyst and contributes to
        the Council‟s wider regeneration agenda. It sits firmly with the Council‟s
        Community Strategy and its related emerging Neighbourhood Renewal
        Strategy. It identifies extending housing quality and choice as a key
        objective. The removal of unfit and obsolete housing and the creation of new
        housing opportunities, alongside improvements to the local environment.

3.3     This is underpinned by the Unitary Development Plan, (UDP), which is
        currently in the process of consultation prior to alteration in order to support
        the wider regeneration agenda for East Manchester. In general terms the
        UDP supports the clearance of unfit and obsolete stock and the creation of
        new development opportunities to improve the quality and range of housing
        choice and upgrade the local environment. Supplementary Planning
        Guidance has also been prepared to support the above policy framework and
        seeks to use a comprehensive approach to improving housing conditions
        resulting from low demand.



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3.4     The East Manchester Regeneration Framework also identifies a number of
        principles, which support the need for housing renewal and regeneration.
        Included in these principles is the need to create strong sustainable
        communities and the removal of obsolete stock.


4.      THE PROPOSED SCHEME

4.1     Attached is a draft plan of the proposals and it is evident from this that the
        proposals will affect over 80% of the properties within the area. Discussions
        are being held with Family Housing Association (M/C) regarding the
        reprovision for their tenants and a detailed questionnaire is being completed
        with every household to assess existing housing needs, including any
        residents requiring specific support due to medical conditions. Despite
        positive feedback from residents on initial proposals already consulted upon,
        it is highly unlikely given the scale of the scheme that the delivery of the
        neighbourhood plan can be implemented without the use of appropriate
        Compulsorily Purchase Powers.

4.2     The City Council has now agreed terms for the purchase of the St Peters
        School site and it is intended that the development of this site will form the
        first phase of the redevelopment of the Toxteth Street area. Lovell intend to
        submit an application for outline planning approval after further consultation
        on a draft plan early 2004.

4.3     Officers will ensure where possible that existing residents will benefit from the
        Right to Remain/ Right to return principles already developed and being used
        in other neighbourhoods in East Manchester which will be backed up by
        flexible powers available to the City under its‟ Regulatory Reform Order
        Policy, adopted in July 2003; to be resourced through the Housing Market
        Renewal programme. This will enable existing residents across all tenures to
        access new homes, which could be developed. Support will be offered to
        existing owner occupiers under the RRO policy, through the equity stake
        scheme and social housing reprovision will be the subject of Annual
        Development Programme bids to the Housing Corporation as part of their
        commitment to the Housing Market Renewal pathfinder.

5.      All the properties within the designated boundary will have a entry on the
        Local Register informing prospective purchasers that the property is “Under
        Current Survey” this should then trigger a enquiry to the local office where
        further clarification of the entry can be given.


6.      HUMAN RIGHTS IMPLICATIONS

6.1     Article 8 of the Human Rights Act 1998, provides that “Everyone has the right
        to respect for his private and family life and his home” and “There shall be no
        such interference with the exercise of this right except such as in accordance
        with the law and necessary in a democratic society for the prevention of

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        disorder or crime, for the protection of health and morals, or for the protection
        of the rights and freedom of others”.

6.2     Article 1 of the First Protocol to the Act also provided that “Every person is
        entitled to the peaceful enjoyment of his possessions” and “No one shall be
        deprived of his possessions except in the public interest and subject to
        conditions provided for by law”.

6.3     When considering Clearance and Compulsory Purchase Order proposals, the
        local authority has to have regard to the impact the proposals may have in
        respect of the above Articles. It is expected that the “doctrine of
        proportionality” will be applied to ensure “that a measure imposes no greater
        restriction upon a Convention right than is absolutely necessary to achieve its
        objectives”. Simply put, the interference with the fundamental rights is no
        more than is reasonably necessary to achieve the legitimate aim being
        pursued.

6.4     Many of the vacant properties have been, and are still being subject to
        vandalism. There is also the on going threat of arson attacks on the vacant
        properties, which can cause danger to the occupiers of adjoining premises. It
        is also not unknown for the condition of the vacant buildings to cause
        dampness problems in adjoining fit occupied properties. The rear yards of
        vacant properties are regularly used for the dumping of refuse thereby
        providing attraction for rats and mice and feral pigeons with their attendant
        health risks.

6.5     The programme of voluntary acquisition together with planning for holistic
        regeneration is likely to alleviate poor living conditions for those residing in the
        area and thus support their rights under Article 8 ECHR. The purchase of
        property by agreement is compatible with Article 1 Protocol 1 ECHR.




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7.      IMPLICATIONS FOR KEY POLICIES

7.1     The implications of this report for the Council‟s Environmental policies are that
        the process of neighbourhood consultation will enable a neighbourhood plan
        for the area to be developed and implemented which will greatly improve the
        environment and provide for sustainability.

7.2     The implications of this report for the Councils` anti poverty policies are that
        much of the empty properties contained with this area is owned and managed
        by a Registered Social Landlord. The development of reprovison of new
        properties in partnership with residents will provide for low cost housing in the
        social rented sector.


8       CONCLUSION

8.1     It is intended that the agreement of the Executive to the recommendations of
        this report will establish a scheme for the purpose of promoting the economic
        social and environmental well being of the area. The City Valuer will refer to
        this scheme in any negotiations for purchases in the area after the making of
        any compulsory purchase order. The regeneration proposals will ensure that
        there is a comprehensive review of land use in the area. The process leading
        to the finalised regeneration plan will involve all interested parties.




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