To ask the Secretary of State for Communities and Local Government pursuant to the answer of 1 September 2008, Official Report, columns 1421-22W, on empty property, if she will place in the Library a copy of the letter sent to local authorities seeking information on how reforms to the empty property rate are working. (230127)

A copy of the letter has been placed in the Library.

To ask the Secretary of State for Communities and Local Government what powers local authorities have to take action against empty non-domestic dwellings which harm the amenity of the local environment. (230297)

Section 215 of the Town and Country Planning Act 1990 provides a local planning authority (LPA) with the power, in certain circumstances, to take steps requiring land (including buildings) to be cleaned up when its condition adversely affects the amenity of the area. The use of section 215 by LPAs is discretionary and it is up to the LPA to decide whether a notice under these provisions would be appropriate in a particular case, taking account of the local circumstances.

This power has been effectively used on large vacant industrial sites, town centre street frontages, rural sites, derelict buildings and semi-complete development as well as the more typical run-down residential properties and overgrown gardens.

The Government have issued guidance on the use of this power which can be found in “Town and Country Planning Act 1990 Section 215 Best Practice Guidance” which can be accessed via the following link:

http://www.communities.gov.uk/publications/planningandbuilding/townplanningact

Potential sites can sometimes go beyond the remit of a s215 notice and the guidance sets out that there may be other more appropriate powers that an LPA can rely upon in order to effect a remedy, for example:

ss76-79 of the Building Act for defective premises, dangerous building, ruinous and dilapidated buildings and neglected sites;

s29 of the Local Government (Miscellaneous Provisions) Act 1982 for works on unoccupied buildings;

ss79-82 of the Environmental Protection Act for abatement of prohibition of a nuisance;

Listed Building legislation such as Repairs and Urgent Works Notices;

Completion notices; and

Compulsory Purchase Orders.