Report To Cabinet - Portfolio Holder presenting: Finance and Property 6 December 2011 Subject: Cemetery Provision into the Future:Proposals to acquire an option to purchase on land adjoining North Waltham Crematorium Status: Open Report Ref: Ward(s): Oakley and North Waltham Key Decision: Yes Key Decision Ref: 758/FP Report Of: Head of Finance, Local Tax and IT Contact: Jason Christou, Asset Surveyor (ext. 2295) Jason.christou@basingstoke.gov.uk Appendices: Appendix 1 - CONFIDENTIAL- Financial Implications Appendix 2 - Plan of North Waltham Crematorium and adjoining land Papers relied on to produce this report Cabinet report of 25 October 2011 on cemetery provision into the future SUMMARY 1 This Report 1.1 On 25 October 2011 Cabinet agreed the way forward with regard to the future of cemetery provision by the council. It was noted that informal discussions had taken place with the owner of farmland adjoining the existing Crematorium, and that the owner would be willing to negotiate terms for the sale of land to the council. 1.2 Officers were asked to investigate the feasibility of providing cemetery space at this location, to assess whether an opportunity would be workable in principle and to establish whether it would be capable of being secured. 1.3 The purpose of this report is to: inform Cabinet of the outcome of these investigations and seek approval to enter into negotiations for the purchase of an option which would safeguard the ability to acquire the land at a later date, should the council wish to do so. 1 of 6 2 Recommendation 2.1 It is recommended that Cabinet:(i) Notes the relevance of the 25 October 2011 report, and the further work being undertaken concurrently with the proposed work stream identified in this report; (ii) Approves the undertaking of negotiations and entering into of an option agreement to purchase land adjoining North Waltham Crematorium, in accordance with the details included within this report. (iii) Approves the costs associated with concluding the option agreement and professional fees of the landowner and agrees that these costs are funded from revenue savings in business units in 2011/12, as reported in the half yearly budget monitoring report to Cabinet. (iv) Delegates to the Head of Finance, Local Tax and IT to agree the detailed terms for the option agreement and land purchase price within the key limits set out in confidential Appendix 1. The option agreement to be prepared by the council’s legal services, and to include such other terms and conditions which protect the council’s long term operational and property interests. (v) Notes that a decision on whether to exercise the option agreement to purchase land adjoining the cemetery would be the subject of a future Cabinet report following the consideration of other alternative options for cemetery provision and a full financial appraisal including recommendations for funding. 2 of 6 PRIORITIES, IMPACTS AND RISKS Contribution To Council Priorities This report accords with the Council’s Budget and Policy Framework Council Plan Ref 2010-13: 3-Year Action Plan: Other References: Impacts No significant impacts Type Impacts for BDBC Some impacts Significant impacts √ Financial Personnel √ Legal √ √ Impacts Equality and Diversity on Rural/Urban Wellbeing Crime and Disorder √ √ √ Health √ Environment and Climate Change √ Economic √ Involving Communication/Consultation Others Partners √ Risk Assessment Number of risks identified: Nil Number of risks considered HIGH or Medium: Nil Strategic: Already identified on Corporate Risk Register? Operational: Already identified in Service Plans? Yes No √ Yes √ No GLOSSARY OF TERMS Term Definition AONB Area of Outstanding Natural Beauty 3 of 6 DETAIL/MAIN CONSIDERATIONS 3 Background 3.1 A report was presented to Cabinet in October 2011 on the future of cemetery provision. This set out the work being undertaken by the cemeteries project group concerning investigations into seeking a site for burial provision, given that the council has decided to continue to provide burial space, once Worting Road Cemetery reaches capacity in 8-10 years. 3.2 The investigations undertaken to date have included in the main, the potential to provide further burial space on land within the council’s ownership; but also what opportunities there might be to acquire private land. The suitability of land for burial purposes will be assessed on a range of factors and which has now been incorporated into a site criteria and scoring regime detailed in the October 2011 report. This will enable comparison to be made between sites, whether or not they are in council ownership. 4 Land at North Waltham Crematorium 4.1 In addition to the investigative work outlined above, land in private ownership and adjoining the North Waltham Crematorium, was considered as potentially suitable given an initial high level appraisal and its location next to the existing Crematorium site. 4.2 The plan at Appendix 1 shows the extent of the current crematorium, outlined red. This site is owned by the council on a freehold basis. 4.3 The adjacent land shown on Appendix 2 as outlined in green and blue is in private ownership. 4.4 The October 2011 Cabinet report confirmed that informal discussions had taken place with the private landowner regarding the land adjoining the Crematorium. The landowner has confirmed that he is prepared to consider, in principle the terms for the sale of land which might include the entering into of an ‘option to purchase’ agreement for an agreed period, whilst the council completed its investigations on the suitability (or otherwise) of council owned land. 4.5 Site suitability 4.5.1 It would only be worth the council pursuing an option to purchase if a potential site met most of the criteria detailed in the October 2011 report, and that there were no overriding issues that would make the land unsuitable for burial purposes. 4.5.2 The site identified adjacent to the crematoria is that outlined green on plan, extending to 6.63 ha (c.16.4 acres). Based on current burial practice within Basingstoke and demographic trends, this would cater for burials for about 100 years (about 13,940 graves). There is however, potential to acquire a further area of land of some 4 acres, to include for example part of the area outlined blue, which could include other forms of burials, such as green burial practice. 4 of 6 4.5.3 The land outlined green (and if required, a further area for example within the land outlined blue) is considered to be suitable given the application of a range of site criteria as detailed below, and to which other council owned sites will be assessed in accordance with the on-going work approved by Cabinet in October 2011. 4.6 Physical characteristics 4.6.1 The site is a gently sloping parcel of land in agricultural use for seasonal crops, (grade 2 and 3) and if acquired for burial purposes would effectively make a more suitable land arrangement by ‘squaring off’ the boundary with the Crematorium. The sub soil is understood to be chalk at various depths which is a good soil medium for grave excavation. Although the land is near to the Stockbridge Road and M3, it is at sufficient distance to enjoy a degree of tranquillity, given its setting in a rural environment. There are no apparent ecological constraints and no water courses evident, and the site is not within the AONB. The site could also potentially be used for ‘green’ as well as traditional burials. 4.7 Planning issues 4.7.1 The current use of the land is for agriculture, so planning permission would be required for a change of use to a cemetery particularly as it would be considered to be development within the countryside. The site has no development designation. 4.7.2 Whilst there are a range of policies that would have to be satisfied for development of a cemetery in this location, it is considered that these could be overcome with sensitive design practice and mitigation works. Importantly, as the planning permission was forthcoming for the adjoining crematorium site it is considered that similar material planning considerations would apply to a cemetery. The land previously had planning permission for a golf course, which indicates that other non-arable countryside uses would be able to address countryside policies. 4.8 Transport and accessibility 4.8.1 Access into the site would be via the existing crematorium access and then via an access spur which has already been constructed. 4.8.2 The site is in a well-recognised location in terms of those visiting the crematorium site and had good access to the A303, A33 and M3. Whilst there is good vehicular access, it is recognised that the nearest bus route is only available from North Waltham Village. Nonetheless, if the council chose to implement a cemetery, discussions with the bus operators could establish whether a bus service was needed and whether an appropriate bus route could be established to link the site with the town. 4.9 Operational and service infrastructure 4.9.1 There is potential for shared maintenance or management of a proposed cemetery with the adjacent crematoria, which could involve costs savings, however, this would be subject to further negotiations with Dignity, the crematoria management company. In the absence of such an agreement, it is likely that machinery will need to be acquired although it should be noted that 5 of 6 this would be the case if the council were to establish a cemetery site elsewhere in the town. 4.9.2 There is the potential to connect to utility services which serve the crematorium site as opposed to making new connections to the nearest available services which would have a significant costs implication. 5 Financial details and terms for entering into an Option to Purchase 5.1 An option to purchase would offer the council the security of being able to deliver a cemetery, should a suitable site not be identified within the council’s land ownership. 5.2 All aspects of the financial details are within the confidential Appendix 1. In summary, there would be one-off costs associated with the agreement of an option, which would only be recoverable should the council decide to buy the land within the timescale set out in the option agreement. The costs of the option agreement can be funded from revenue savings in business units in 2011/12, as reported in the half yearly budget monitoring report to Cabinet. 5.3 A decision on whether to exercise the option agreement to purchase land adjoining the cemetery, would be the subject of a future Cabinet report following consideration of other alternative options for cemetery provision and a full financial appraisal including recommendations for funding. The capital cost of land purchase and other construction costs associated with building a cemetery could be funded from uncommitted resources reserved for community infrastructure as set out in the Medium Term Financial Strategy. 6 Next steps 6.1 Officers would advise the landowner of the council’s willingness to enter into an option to purchase, subject to detailed terms being agreed. It is anticipated that the landowner would then appoint a surveyor to undertake negotiations, and a legal representative to advise on title. 6.2 Upon completion of negotiations, the council’s legal services would prepare the option to purchase agreement to include such terms as would be delegated to the Head of Finance, Taxation and IT, provided that there are no objections from the relevant Members or S151 Officer. 6.3 During the period of the option (c. 2 years) the council would continue to investigate the suitability of other sites including council owned land. If an alternative site is identified, then the council would allow the option to expire but would forfeit the cost of the option. 6 of 6