PART IX SLUM CLEARANCE
Clearance areas
289 Declaration of clearance area.
(1)
A clearance area is an area which is to be cleared of all buildings in accordance with the following provisions of this Part.
(2)
F1Subject to subsections (2B) to (2F), (4), and (5B) the local housing authority shall declare an area to be a clearance area if they are satisfied—
(a)
that the F2buildings in the area which are dwelling-houses or houses in multiple occupation or contain one or more flats (in this section referred to as “residential buildings”) are unfit for human habitation or are by reason of their bad arrangement, or the narrowness or bad arrangement of the streets, dangerous or injurious to the health of the inhabitants of the area, and
(b)
that the other buildings, if any, in the area are for a like reason dangerous or injurious to the health of the inhabitants of the area,
F5(2A)
A residential building containing one or more flats shall be treated for the purposes of this section as unfit for human habitation if some or all of the flats within it are unfit for human habitation.
(2B)
Before declaring an area to be a clearance area, the authority shall—
(a)
serve notice of their intention to include a building in the clearance area on every person who has an interest in the building (whether as freeholder, lessee or mortgagee) and also, in the case of a residential building, on every person who has such an interest in any flat in the building; and
(b)
take reasonable steps to inform any occupiers of a residential building who do not have such an interest in the building or a flat in the building as is referred to in paragraph (a) of their intention to include the building in the clearance area; and
(c)
publish in two or more newspapers circulating in the locality (of which one at least shall, if practicable, be a local newspaper) notice of their intention to declare the area to be a clearance area.
(2C)
A notice served under paragraph (a) of subsection (2B) shall invite representations from the person on whom the notice was served within such reasonable period, being not less than twenty-eight days after the date on which the notice is served, as may be specified in the notice.
(2D)
The authority shall, by the steps taken in relation to occupiers of a residential building as mentioned in paragraph (b) of subsection (2B), invite representations from those occupiers within such reasonable period, expiring not less than twenty-eight days after the date on which the steps are taken, as may be specified by the authority.
(2E)
A notice published in accordance with paragraph (c) of subsection (2B) shall invite representations from any interested persons within such reasonable period, being not less than twenty-eight days after the date on which the notice is published, as may be specified in the notice.
(2F)
The authority shall consider all representations made under subsections (2C), (2D) and (2E) and, in the light of the representations, shall take whichever of the following decisions they think appropriate, that is to say—
(a)
they may decide to declare the area to be a clearance area; or
(b)
they may decide to declare the area to be a clearance area but exclude such residential buildings which are unfit for human habitation as they think fit; or
(c)
they may decide not to declare the area to be a clearance area.
(3)
F6Subject to subsection (5B), where the authority decide to declare an area to be a clearance area in accordance with paragraph (a) or paragraph (b) of subsection (2F) they shall—
(a)
cause the area to be defined on a map in such manner as to exclude from any area
F7(i)
any residential building which is not unfit for human habitation or dangerous or injurious to health;
(ii)
any other building which is not dangerous or injurious to health; and
(iii)
any residential buildings which, by virtue of subsection (2F)(b), they have decided to exclude from the area; and
(b)
pass a resolution declaring the area so defined to be a clearance area.
(4)
Before passing such a resolution the authority shall satisfy themselves—
(a)
that, in so far as suitable accommodation does not already exist for the persons who will be displaced by the clearance of the area, the authority can provide, or secure the provision of, such accommodation in advance of the displacements which will from time to time become necessary as the demolition of the buildings in the area, or in different parts of it, proceeds, and
(b)
that the resources of the authority are sufficient for the purposes of carrying the resolution into effect.
(5)
The authority shall forthwith transmit to the Secretary of State a copy of any resolution passed by them under this section, together with a statement of the number of persons who on a day specified in the statement were occupying the buildings comprised in the clearance area.
F8(5A)
Where a residential building which is unfit for human habitation is not included within a clearance area, whether by virtue of paragraph (b) or paragraph (c) of subsection (2F), the authority shall forthwith, in accordance with section 604A (disregarding guidance under that section in respect of this section), take action in respect of the building (and any flat contained within it) under whichever of sections 189, 264 and 265 it considers to be the most satisfactory course of action.
(5B)
Subject to section 578A, a clearance area may not include any parcel of land which is not contiguous with another parcel of land within the area; and, where the effect of subsection (3) would otherwise be that a clearance area would comprise two or more separate and distinct areas, paragraph (b) of that subsection shall have effect as if for the words “pass a resolution declaring the area so defined” there were substituted ”if the effect of paragraph (a) would otherwise be that the area would comprise two or more separate and distinct areas, pass a separate resolution in respect of each of those areas declaring each of them
(6)
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