Decision Maker: Chief Executive
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
Emergency Prohibition Order Served
The local authority has a duty to take
appropriate action in relation to Category 1 Hazards. Imminent risk
to occupants has been identified.
1. It was considered that the service of an
IMPROVEMENT NOTICE was not the most appropriate course of action to
deal with the hazards identified in the premises as the level of
risk is imminent and works required to reduce the hazards (in
conjunction with any appeal brought) would take a period of time
that is both unreasonable and unsafe to permit
2. It was considered that the taking of EMERGENCY REMEDIAL ACTION was not the most appropriate action to deal with hazards as the works required are too extensive to be carried out in the future. The dwelling is unable to be adapted for human habitation without major structural works, likely to required a prolonged period of time to complete.
3. It was considered that the serving of a HAZARD AWARENESS NOTICE was not the most appropriate response to this situation as the dwelling is not fit for human habitation and further action must be taken to remove the occupants from imminent risk/harm.
4. It was considered that the serving of a PROHIBITION ORDER was not the most appropriate form of action to deal with the hazards identified in the premises. The risks determined to be in existence at the dwelling pose a serious threat to health and safety of the occupants and therefore require immediate action.
5. There are no good reasons known to the authority that would warrant considering serving a SUSPENDED IMPROVEMENT NOTICE or SUSPENDED PROHIBITION ORDER for a period of time.
6. Service of a DEMOLITION ORDER would not be an appropriate course of action as there is no risk to any dwellings in the vicinity nor the occupants in the surrounding area.
7. Service of a CLEARNACE AREA would not be an appropriate course of action as the premises is not in an area where there are a number of properties requiring demolition
8. It was considered that the serving of an EMERGENCY PROHIBITION ORDER was the most appropriate response to this situation as there are serious imminent risks to the occupants with any potential remedial works unable to remove all imminent risks.
Publication date: 28/07/2022
Date of decision: 27/07/2022