Agenda item

            (Mr. C. Quigley, Town Solicitor, attended in connection with this item.)

 

            The Committee considered further the minute of the meeting of 14th October.  An extract of the minute in that regard is set out hereunder:

 

“Ulster Farmers’ Union

 

      The Director of Parks and Leisure reminded the Committee that a tier-three assessment, including hydrogeological modelling had indicated that the site at Lisleen would be suitable as a potential site for the Council’s future burial provision.  In addition, he reminded the Committee that, at its meeting on 16th September, it had agreed that:

 

(i)     a robust business plan be developed in relation to the development of additional crematorium facilities and the extension of the Roselawn Cemetery;

 

(ii)    officers make arrangements for site investigations at the Dundrod sites, with priority to be given to the site offered through the expressions of interest process;

 

(iii)   the Nutt’s Corner site was not suitable as a potential site for a new burial cemetery;

 

(iv)   legal advice on the implications for potential future compulsory purchases be sought; and

 

(v)    an update newsletter be sent to all potentially affected landowners and other key stakeholders.

 

      The Director stated that, throughout the process of site investigations in relation to the Lisleen site, the landowners had expressed concern regarding the implications of the burial land’s project for their land holdings.  In this regard, the Ulster Farmers’ Union, on behalf of their members residing within the vicinity of the Lisleen site, had written to the Council seeking an opportunity to present their concerns to the Committee.  Accordingly, he requested that the Committee consider the request which had been received from the Ulster Farmers’ Union.

 

      After discussion, it was

 

Moved by Councillor Stoker,

Seconded by Councillor J. Rodgers,

 

      That the Committee agrees to withdraw its interest in the Lisleen site as a potential location for the Council’s future burial provision.

 

      On a vote by show of hands three Members voted for the proposal and four against and it was accordingly declared lost.

 

      Accordingly, the Committee agreed to accede to the request which had been received from the Ulster Farmers’ Union.”

 

            The Director of Parks and Leisure submitted for the Committee’s consideration the undernoted report:

 

“Purpose of report

 

      The purpose of this report is to:

 

(i)   provide Members with an update on the burials land acquisition project; and

 

(ii)  seek the Committee’s approval to undertake a site visit to both the Dundrod sites.

 

Relevant Background Information

 

      Members will be aware of the ongoing project to select a site for a new cemetery for Belfast and that reports are brought to Committee on a regular basis, the last of which was in September 2010.

 

      At that meeting Members agreed that:

 

·         the Nutts Corner site is not suitable as a potential site for a new cemetery;

 

·         officers make appropriate arrangements for site investigations at the Dundrod sites, with priority to be given to the site offered through the expressions of interest process;

 

·         a robust plan be developed for the provision of additional crematorium facilities;

 

·         legal advice be sought on potential future compulsory purchase;

 

·         that further work should be carried out to investigate the provision of natural burials;

 

·         burial and cremation charges should be reviewed; and

 

·         an update newsletter is sent to all potentially affected landowners and other key stakeholders.

 

      In bringing forward these recommendations a number of issues have arisen and these are outlined below.  

 

Key Issues

 

      Lisleen

 

      Members are aware that landowners and residents at the Lisleen site have raised concerns that the lack of a decision by Council over the future of the site has impacted on their ability to sell their property or make decisions on improvements to their property.  These concerns are to be articulated by the Ulster Farmers Union on behalf of Lisleen landowners at the beginning of this committee meeting.

 

      It is anticipated that the combination of the additional land acquired at Roselawn and the development of additional crematorium facilities will meet the city’s need for the next 40-50 years.  Council officers are currently undertaking a statistical analysis to assess what the impact of additional crematorium facilities would have on the burial rate and the amount of burial land provision required by the council.  This is based on the work undertaken by Scott Wilson earlier this year which reassessed the burial land requirement but did not take into account the impact of additional crematorium facilities.  Since the completion of this piece of work we have received the economic appraisal of new crematorium facilities and officers are using both pieces of work to determine the impact.  It is anticipated that we will bring the findings of the statistical analysis to committee in December 2010.

 

      Members have agreed that the search for additional land to supplement this provision should continue but should have a North and West Belfast focus.

 

      In addition, advice from the Assistant Chief Executive and Town Solicitor indicates that compulsory acquisition of land is a method of last resort and can only be justified where it is evident that land suitable for the project is not available to be acquired on a voluntary basis.  Given the combination of the above factors it is his opinion that it is difficult to see how the Council could make an argument that there is a compelling need to acquire further land solely for burial purposes.

 

      Therefore, despite the land at Lisleen having been demonstrated as suitable for burial provision, it is unlikely given the current position as described above that the council can demonstrate any legitimate reason for maintaining an interest in that land for the foreseeable future.

 

      Crematorium

 

      It was agreed by the Parks and Leisure Committee in September 2010 ‘that a robust plan be developed in relation to the development of additional crematorium facilities’.  Officers are currently working on this plan and as part of the process have held informal discussions with a number of private providers.  A paper outlining detailed options for the way forward will be brought to the committee in January 2011.

 

      Dundrod

 

      It was agreed by the Parks and Leisure Committee in September 2010 ‘that officers make appropriate arrangements for site investigations at the Dundrod sites, with priority to be given to the site offered through the expressions of interest process’.  Since the Committee meeting several officers, with one elected Member, have made a visit to both sites.  As a result of this visit officers have concerns around the accessibility of both sites due to access to the sites being by ‘B’ roads, the lack of public transport on the route and potential driving difficulties in wintry conditions.  It is recommended therefore that Members undertake a site visit to both the Dundrod sites before site investigations commence.

 

Resource Implications

 

      Financial

 

      There is provision of £13.9 M in the Council’s capital programme for new cemetery provision for Belfast City Council. 

 

      Human Resources

 

      There are no human resource implications at this stage.

 

      Asset and Other Implications

 

      None at this stage, although the final phases of the project will inevitably increase the Council’s land ownership and associated liabilities.

 

Recommendations

 

      It is recommended that the Committee agree to:

 

(i)     note the contents of this report;

 

(ii)    indicate that, given the council’s changed policy position, it has no intention of pursuing the development of new cemetery provision on the site at Lisleen for the foreseeable future; and

 

(iii)   undertake a site visit to both the Dundrod sites.”

 

            The Committee was advised that Mr. J. Cooper and Mr. J. White, representing the Ulster Farmers’ Union, were in attendance and they admitted to the meeting and welcomed by the Chairman.

 

            Mr. Cooper informed the Committee that they represented farmers and landowners who would be affected directly by any decision to proceed with the use of the Lisleen site for burial.  He explained that, since the land had been identified some time ago as a possible site, local farmers and property owners had been faced with increased uncertainty and a lack of detailed information from the Council regarding its plans and how they would be compensated, should the location be selected as a burial site.  As a result, many had been unable to sell properties or building sites or to raise loans to invest in their farms.  This, in turn, had impacted upon their health, particularly in terms of stress.  He stated that, when they had consulted the Council’s legal representatives regarding the issue of compensation, they had been advised that this would be paid in line with the legislation in place and be settled at current market values.  However, he pointed out that, over the period during which the Lisleen site had first been identified, property values had reduced considerably.  He added that the uncertainty surrounding the future plans for Lisleen had made it more difficult for issues such as the determination of estates to be finalised and concluded by requesting that the Council decide, at the earliest opportunity, if it wished to proceed with the Lisleen site.

 

            The Chairman thanked Mr. Cooper and Mr. White for being in attendance and they retired from the meeting.

 

            After discussion, it was

 

Moved by Councillor McCarthy,

Seconded by Councillor Robinson and

 

      Resolved – That, in view of the change in circumstances, the Council agrees to withdraw any interest in pursuing the development of a new cemetery on the Lisleen site.

 

            The Committee agreed also to undertake a site visit to both the Dundrod sites.