The Strategic Director Place will submit a report (Document “AA”) which is a progress update on delivery of the adopted Bereavement Strategy relating to crematoria provision covering:-
· Land acquisition for the first new crematorium including the use of a Compulsory Purchase Order if required.
· Construction of the crematorium
· Procurement of cremators
· Approval of the current funding profile for delivery of the crematoria programme
· Implementation of the final phases of the contract with external specialists
Recommended –
That the Executive approves the following recommendations -
(1) To delegate approval of spend to the Strategic Director, Place in consultation with the S151 officer for the construction of the first new crematorium within Heaton at a cost of £9.1m subject to land acquisition and planning permission.
(2) That the Executive is satisfied that the proposed development schemes to construct the Crematorium is in the public interest and that any harm caused by the use of compulsory purchase powers to acquire and interfere with third party land and rights needed for the scheme is outweighed by the public benefits which the Crematorium development scheme is likely to generate,
(3) To agree in principle to Compulsory Purchase Orders being made pursuant to Section 226(1)(a) of the Town and Country Planning Act 1990 (as amended by Section 99 of the Planning and Compulsory Purchase Act 2004), Section 1 of the Localism Act 2011 and the Acquisition of Land Act 1981 and all other relevant and enabling powers, to secure the compulsory acquisition of the land shown edged red on the plan appended hereto in order to facilitate the construction of the proposed Crematoria subject to a final decision being taken jointly by the Strategic Director : Place and the Strategic Director: Corporate Resources , in consultation with appropriate Portfolio Holders as necessary, on whether to make and submit the Compulsory Purchase Order to the Secretary of State for Housing, Communities and Local Government for confirmation, if satisfied that the Council has properly taken into account the statutory requirements under human rights and public sector equality legislation
(4) To further delegate to the Strategic Director: Place and Strategic Director: Corporate Resources, in consultation with as necessary appropriate Portfolio Holders authority to:-
(i) make any necessary, minor or technical amendments to the Compulsory Purchase Order;
(ii) modify and settle the draft “Statements of Reasons” to justify the use of compulsory purchase powers, the Compulsory Purchase Order Maps and Schedules and all other legal documentation necessary to support and accompany the Compulsory Purchase Orders to the Secretary of State for Housing, Communities and Local Government for confirmation;
(iii) promote any modifications to the Compulsory Purchase Order, if expedient to do so;
(iv) approve agreements for withdrawal of any objections to the Compulsory Purchase Order, including where appropriate, seeking exclusion of land from the Compulsory Purchase Order;
(v) confirm the Compulsory Purchase Order, if satisfied that it is appropriate to do so, in the event that the Secretary of State for Housing, Communities and Local Government has empowered the Council to decide on whether or not to confirm the Compulsory Purchase Order;
(vi) take all necessary action to continue or open negotiations with persons for the acquisition of land included in the Compulsory Purchase Order and any other land needed for the Crematorium scheme and to authorise acquisitions by agreement where the use of compulsory purchase powers is in contemplation and to approve the purchase price, advance payments and all other compensation payments;
(vii) take all necessary steps in relation to any statutory blight proceedings instituted against the Council for the acquisition of land claimed to be blighted by the threat or presence of the Compulsory Purchase Order;
(viii) take all necessary action, should the quantum of compensation flowing from the threat or use of compulsory purchase powers be in dispute and be referred to the Upper Tribunal (Lands Chamber) or other form of arbitration;
(ix) to take and do all things necessary or incidental to the implementation of the above resolutions;
(5) The implementation of Phase 3 and 4 works by Rex Procter & Partners to finalise the designs for the new crematoria and administer the subsequent building contracts
Overview and Scrutiny Committee: Regeneration & Environment
(Phil Barker - 01274 432616)
Minutes:
The Strategic Director Place submitted a report (Document “AA”) which was a progress update on delivery of the adopted Bereavement Strategy relating to crematoria provision covering:-
· Land acquisition for the first new crematorium including the use of a Compulsory Purchase Order if required.
· Construction of the crematorium
· Procurement of cremators
· Approval of the current funding profile for delivery of the crematoria programme
· Implementation of the final phases of the contract with external specialists
The Leader in welcoming the progress made in securing crematoria provision, stated that the need for good facilities was paramount and she thanked officers for their diligence and hard work in devising the proposals.
The Healthy People and Places Portfolio holder stated that this had been a long awaited ambition to replace our outdated facilities and that the artist impressions of the proposed crematoria showed how the district would benefit from such an updated modern facility. It was also highlighted that once the crematoria was constructed, Nab Wood would remain open, so that relatives could continue to pay their respects to their loved ones.
Resolved –
(1) To delegate approval of spend to the Strategic Director Place in consultation with the S151 officer for the construction of the first new crematorium within Heaton at a cost of £9.1m subject to land acquisition and planning permission.
(2) That the Executive is satisfied that the proposed development schemes to construct the Crematorium is in the public interest and that any harm caused by the use of compulsory purchase powers to acquire and interfere with third party land and rights needed for the scheme is outweighed by the public benefits which the Crematorium development scheme is likely to generate,
(3) That it be agreed in principle to Compulsory Purchase Orders being made pursuant to Section 226(1)(a) of the Town and Country Planning Act 1990 (as amended by Section 99 of the Planning and Compulsory Purchase Act 2004), Section 1 of the Localism Act 2011 and the Acquisition of Land Act 1981 and all other relevant and enabling powers, to secure the compulsory acquisition of the land shown edged red on the plan appended hereto in order to facilitate the construction of the proposed Crematoria subject to a final decision being taken jointly by the Strategic Director Place and the Strategic Director Corporate Resources , in consultation with appropriate Portfolio Holders as necessary, on whether to make and submit the Compulsory Purchase Order to the Secretary of State for Housing, Communities and Local Government for confirmation, if satisfied that the Council has properly taken into account the statutory requirements under human rights and public sector equality legislation
(4) To further delegate to the Strategic Director Place and Strategic Director Corporate Resources, in consultation with as necessary appropriate Portfolio Holders authority to:-
(i) make any necessary, minor or technical amendments to the Compulsory Purchase Order;
(ii) modify and settle the draft “Statements of Reasons” to justify the use of compulsory purchase powers, the Compulsory Purchase Order Maps and Schedules and all other legal documentation necessary to support and accompany the Compulsory Purchase Orders to the Secretary of State for Housing, Communities and Local Government for confirmation;
(iii) promote any modifications to the Compulsory Purchase Order, if expedient to do so;
(iv) approve agreements for withdrawal of any objections to the Compulsory Purchase Order, including where appropriate, seeking exclusion of land from the Compulsory Purchase Order;
(v) confirm the Compulsory Purchase Order, if satisfied that it is appropriate to do so, in the event that the Secretary of State for Housing, Communities and Local Government has empowered the Council to decide on whether or not to confirm the Compulsory Purchase Order;
(vi) take all necessary action to continue or open negotiations with persons for the acquisition of land included in the Compulsory Purchase Order and any other land needed for the Crematorium scheme and to authorise acquisitions by agreement where the use of compulsory purchase powers is in contemplation and to approve the purchase price, advance payments and all other compensation payments;
(vii) take all necessary steps in relation to any statutory blight proceedings instituted against the Council for the acquisition of land claimed to be blighted by the threat or presence of the Compulsory Purchase Order;
(viii) take all necessary action, should the quantum of compensation flowing from the threat or use of compulsory purchase powers be in dispute and be referred to the Upper Tribunal (Lands Chamber) or other form of arbitration;
(ix) to take and do all things necessary or incidental to the implementation of the above resolutions;
(5) That implementation of Phase 3 and 4 works by Rex Procter & Partners to finalise the designs for the new crematoria and administer the subsequent building contracts be approved.
ACTION: Strategic Director Place
Overview and Scrutiny Committee: Regeneration & Environment
Supporting documents: