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Volume 2
Annex A HRA Designation Order
A.1. Chapter 3 looks at what local authorities have to do to designate a Housing Renewal Area ( HRA). This includes producing an HRA Designation Order. The following tables summarise the requirements for this.
A.2. Requirements for content (legislative requirements are shown in grey):
Legislative reference | Required content | Further information |
|---|
s2 (s1) | - set out the reasons for designating the HRA, with reference to s1
| This should indicate that the local authority considers that - a significant number of houses are sub-standard; or
- the appearance or state of repair of any houses is adversely affecting the amenity of the locality.
|
- must include an HRA action plan
| - see Annex B for more information
|
- must include a map delineating the HRA
| - the local authority should consider the HRA to be a "locality"
|
A.3. The different versions of the HRA designation order are:
Legislative reference | Version | Further information |
|---|
Sch 1 1(2) | Draft for public consultation | - The local authority will need to provide a draft HRA designation order for public consultation.
- It should give notice of when and where the public can access it.
- It would be good practice to include discussions with relevant stakeholders when drafting the designation order.
|
Sch 1 1(3), (4), (5), (6) Sch 1 (2) | Draft for submission to Scottish Ministers | - The local authority can modify the draft designation order, if necessary, after public consultation.
- It cannot extend the proposed area of the HRA.
- It should decide whether or not to submit the draft order to Scottish Ministers.
- It should give notice of its decision, including the general effect of any modifications. See also Annex E on service of documents.
- Ministers can approve it (with or without certain modifications) or reject it.
|
Sch 1 (3) Sch 1 (3) (2) s7 | Making of HRA designation order | - The authority can make the designation order once ministers have approved it.
- It must give notice of this as soon as practicable after making it. See Annex E on service of documents.
- The notice must describe the general effect of any changes, refer to the authority's Scheme of Assistance statement, and specify where the public can access a copy of the order.
- The authority must make a copy of this available to the public, free of charge. This should include any variations.
|
s4 | Variations to the HRA designation order | The authority can vary the designation order: - at any time, and in any way it considers unlikely to adversely affect anyone; or
- at the request of an owner of a house which the action plan identifies, but
- only in relation to that house;
- only by varying the action plan; and
- only having consulted owner and anyone else affected by the proposed variation.
- It must give notice of this. See Annex E service of documents.
- The authority must make a copy of any variations available to the public, free of charge, along with the HRA designation order.
|
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