To the Chair and Members of The

TO THE CHAIR AND MEMBERS OF THE

PLANNING AND DEVELOPMENT COMMITTTEE

4th July 2008

ANY OTHER BUSINESS

AGENDA ITEM 5

SUBJECT:UNSECURE AND UNTIDY STATE OF DERELICT BUILDING AND LAND

THE WEE WILLIE PUBLIC HOUSE, EVESHAM ROAD, MIDDLESBROUGH

1.0Purpose of the report

1.1To advise members of the untidy and derelict state of the above site, which is a former public house within a residential area.

2.0Recommendation

2.1It is recommended that members:

INote the content of this report and

IIAuthorise the Council’s solicitors to serve a section 215 (s215) notice on the site to require the owner to carry out proper maintenance works to the building and clear all rubble, litter, overgrown vegetation from the site, secure the property and secure the boundary enclosures by means of fencing or hoarding.

3.0Financial Implications

3.1If the owner fails to comply with a s215 notice the Local Planning Authority also have powers under s219 of the Town and Country Planning Act 1990 to undertake works themselves, and to recover the costs from the landowner. Therefore any financial costs that may inccur will be recovered.

4.0Background

4.1The former Wee Willie Public House, which was first recorded vacant in June 2007, sits in a prominent position between a designated E7 - Primary Open Space and E2 - Green Wedge (Ormesby Beck green space area) to the rear and Evesham Road to the front. The site is directly opposite a row of local shops on Evesham Road, which provide a vital amenity for local residents. The site has fallen into a dilapidated state and become a nuisance property for local residents, Police and Cleveland Fire Brigade and a hub for anti-social behaviour within the local area, details of which are below.

4.2October 2007 – Community Protection were called out to the property to investigate noise complaint regarding the security alarm for the property.

4.3January 2008 – Site reported for theft of building materials from the property, notably lead from roofing, owner was contacted to secure the ground floor, and demolished conservatory to rear, which was carried out as requested.

4.4February 2008 – Community Protection receive 5 separate complaints throughout the month regarding the property being unsecured, and people gaining access to the property.

4.5February 2008 – Community Protection receive complaint that the pub is being used as a fly tipping area.

4.6March 2008 – Council arranged for the site to be cleared, free of charge by Area Care Team to assist the owner in maintaining the site.

4.7April 2008 – Site is again reported as being unsecured. Fire Brigade called to incident on the site.

4.8May 2008 – Site is reported as being unsecured, and being used for fly tipping. Cleveland Fire Brigade Arson task force sent letter to owner requesting that the site be cleaned up – No response received.

4.9June 2008 – Site unsecured, and in disrepair. Fire Brigade called to incident onsite

4.10The owner of the site has been requested on numerous occasions to tidy, clear and secure the site, but as yet has shown little interest in meeting these requests. The Council has as a good will gesture to the owner, fully cleared the site as shown in 4.6, but since this the owner has failed to further maintain the site.

4.11As a consequence, and in conclusion, it is recommended that authorisation be given to serve a Section 215 Notice, due to the adverse affect the site is having on the amenity of the area, requiring the owner to carry out proper maintenance works to the building, clear all rubble, litter, overgrown vegetation from the site, secure the property and secure boundary enclosures by means of fencing or hoarding.

5.0Environmental considerations

5.1There are serious risks arising from the state of this property. The site is open and unsecured. There are broken windows to all 1st floor windows, ground floor windows and doors have been covered with boards in attempt to secure the building following notices being served by Community Protection. Vegetation around the property is beginning to become overgrown; there is a significant amount of rubble, litter and other debris around the site. The site poses significant health and safety risks, fire risks and has an adverse effect on surrounding properties, and the wider community

6.0Equal opportunities implications

6.1There are none arising from this report.

Contact Officer: Leigh Dalby

Extension: (01642) 729468