Local Government and Housing Act 1989

89 Declaration of renewal area. E+W

(1) Where a local housing authority, upon consideration of such a report as is mentioned in subsection (3) below and of any other matters which the authority consider relevant, are satisfied—

(a) that the living conditions in an area within their district consisting primarily of housing accommodation are unsatisfactory, and

(b) that those conditions can most effectively be dealt with by declaring the area to be a renewal area,

then, subject to the following provisions of this Part, they may cause the area to be defined on a map and by resolution declare it to be a renewal area.

(2) A renewal area may not include—

(a) any land which lies within a designated area, within the meaning of Part III of the M1 Housing Act 1988 (housing action trusts); or

(b) any parcel of land which is not contiguous with another parcel of land within the area.

(3) The report referred to in subsection (1) above is one prepared, at the request of the local housing authority, by a person appearing to the authority to be suitably qualified (who may be an officer of the authority) and shall include particulars of the following matters—

(a) the living conditions in the area concerned;

(b) the ways in which those conditions may be improved (whether by the declaration of a renewal area or otherwise);

(c) the powers available to the authority if the area is declared to be a renewal area;

(d) the authority’s detailed proposals for the exercise of those powers during the period that the area will be a renewal area (if so declared);

(e) the cost of those proposals; and

(f) the financial resources available, or likely to be available, to the authority (from whatever source) for implementing those proposals;

and the report shall contain a recommendation, with reasons, as to whether a renewal area should be declared.

(4) In considering whether to declare an area to be a renewal area, a local housing authority shall have regard to such guidance as may from time to time be given by the Secretary of State.

(5) Before exercising their power to declare an area to be a renewal area, a local housing authority shall take such steps as the Secretary of State may direct with respect to—

(a) the publicity to be given to the proposed exercise of the power;

(b) the persons from whom representations with respect to that proposed exercise are to be invited; and

(c) the consideration of any such representations.

(6) Subject to section 95 below, an area which is declared to be a renewal area shall be such an area for the period of ten years.

(7) A resolution declaring an area to be a renewal area has effect from the day on which it is passed and is a local land charge.

Marginal Citations

M1 1988 c. 50.