The Strategic Director – Place will present a report (Document “P”) which seeks permission to approach the Charity Commission for a scheme to allow the potential construction of a crematorium and associated works on land at Northcliffe Park, Shipley, Bradford.

 

Northcliffe Park (also known as Norman Rae Playing Fields) is a registered charity (515034) of which the Council is the sole Trustee.

 

Recommended –

 

(1)       That the Strategic Director – Place approach the Charity Commission in respect of a scheme for the potential construction of a crematorium and associated works at Northcliffe Park (Norman Rae Playing Fields), Shipley, Bradford.

 

(2)       That the Strategic Director – Place be requested to submit a further report to the Committee, in due course, in respect of the Charity Commission’s response and the Bereavement Service’s proposals for the site.

 

                                                            (Phil Barker – 01274 – 432616)

 

 

 

The Strategic Director – Place presented a report (Document “P”) which sought the Trustee’s permission to approach the Charity Commission to apply for a scheme in respect of the potential disposal of land at Northcliffe Park, Shipley.

 

The request had been forthcoming further to approval of the Council’s Bereavement Strategy. Feasibility studies were being undertaken in respect of five potential sites across the district, of which this was one, to allow the construction of two new crematoria and associated works.

 

The report explained that Northcliffe Park (also known as Norman Rae Playing Fields) was a registered charity (515034) of which the Council was the sole Trustee.

 

One of the Trustees noted that the deed in respect of this Trust was even more specific than that for the previous item relating to Littlemoor Park.

 

The Ward Councillors were in attendance at the meeting and made the following comments:

 

·         It was necessary to clarify, in respect of the reference to income in the Deed that this referred to income from rent or hiring out not from sale of the land.

·         It was considered that any consultation would be a waste of time and effort; the result could be foretold now.

·         The Trustees should refuse the proposal outright.

 

·         This matter was being considered in the context of building a crematorium.

·         The Deed was very clear, stating.. ‘all lands and woodlands in perpetuity solely and entirely as an open space’. The benefit was tied directly to recreational purposes.

·         The Trustees had a duty to abide by this; there was no need to consult.

·         Income was subservient to these instructions and related to that achieved through recreational purposes not disposal of part of the park.

 

·         The Deed contained clear instructions in respect of use for recreation and open space. The wording relating to it not being used for the purpose of profit worked in favour of not proceeding with this proposal.

·         Use for cremation would not fulfil the Trust’s objectives.

·         The need for a new crematorium was understood but this should not be pursued on the basis of using Northcliffe Park.

·         The Local Government Association (LGA) guidelines stated that Council’s must insure that the purpose of a Trust was followed.

·         The word ‘Trustee’ meant ‘to care’.

·         The Council had a conflict of interest.

·         The land must be available for the public at large.

·         Trustees must be independent and must act in the interests of the charity not the Council.

·         Had the Trustees visited the park? It was a very diverse, well loved and well used space close to the heart of all in Shipley and the fact that it had been gifted to the community was known by everyone.

·         A petition, of 1300 signatures, had been gathered in a matter of days.

·         The crematorium proposal would remove a large part of the park and make the remaining land less pleasant.

·         The proposal would also impact on wildlife and there were issues in relation to the Green Belt.

·         This proposal should be a ‘no-go’.

 

The Trustees commented that:

 

·         The members of the Committee were present as Trustees and always acted in the best interests of the charity concerned.

·         As Trustees they had to act in the widest interest of all beneficiaries of the Trust. Although the gut instinct may be to say no if an organisation wished to purchase some of the Trust’s land it was considered that it would be wrong to not even explore what that might mean; all options should be considered.

 

In response to questions, the Strategic Director said that:

 

·         The recommendations in the report had been led by the independent legal advice he had no alternative options to recommend.

·         The percentage of park land that would be lost as a result of this proposal would be within 5 to 10 %.

 

A representative of the friends of Northcliffe Park addressed the meeting:

 

·         The Charities Commission had recently released a report in respect of why the public found charities to be trustworthy. The Charity Commission stated that a Trust must always act in the best interests of the charity

·         There was a need to ensure that the duty was carried out for public benefit.

·         There needed to be a proper understanding of the governing documents.

·         It was not understood how approaching the Commission supported or furthered the purpose of the Charity.

·         There was a duty to ensure compliance with the indenture.

·         Conflict of interest must be avoided.

·         Any decision but to reject this proposal would conflict with the objectives of the charity.

·         The Trustees must ensure assets were properly used and not put at risk.

·         A crematorium not fit with the charity’s purpose and was a risk to the charity.

·         It was considered surprising that no risk management/governance issues had been included in the report; it was believed that there was a risk in terms of public confidence.

·         The Trustees’ integrity would be called into question by approval.

·         It was questioned how the decision could serve any interest other than the Council?

·         No equality and diversity implications were detailed in the report. Northcliffe Park was used by a sizable Muslim population. Cremation was not permitted by their religion so there would be a disproportionate impact on this community.

·         The Trustees were requested to do their duty, to stay true to the governance document and reject the proposal as no money could replace what would be lost.

 

The Trustees said that:

 

·         The terms of the Trust in this case had in no way been frustrated and were also very specific, permission should be denied.

·         Whilst being very clear in terms of the Trustee’s purpose in acting in the interests of the Trust and its beneficiaries, it was still considered that proper consideration had to be given to what the proposal from the Council actually meant, to ascertain those people’s views on it and to make an informed decision based on all the evidence.

·         If the Trustees refused the proposal without looking at the options it was considered that this would place them in a difficult position.

 

Further to which it was

 

Resolved –

 

That the Strategic Director – Place be requested to:

 

(i)         Undertake appropriate consultation with the inhabitants of the Shipley and Heaton Wards to ascertain their views on the potential disposal of part of Northcliffe Park (Norman Rae Playing Fields), Shipley on the basis that any proceeds would be used for their benefit, and

(ii)        Establish the potential financial benefit to the Trust of such action,

 

and to report back to the Trustees in due course.

 

ACTION:       Strategic Director - Place