To receive any public questions, statements or petitions submitted in accordance with the Constitution. Further information on the requirements for submitting these is available to view at the following link:-
https://democracy.bcpcouncil.gov.uk/ieListMeetings.aspx?CommitteeID=151&Info=1&bcr=1
The deadline for the submission of public questions is 4 clear working days before the meeting.
The deadline for the submission of a statement is midday the working day before the meeting.
The deadline for the submission of a petition is 10 working days before the meeting.
Minutes:
The Leader advised that there had been no petitions received on this occasion, but that one question had been received by a member of the public in relation to Agenda Item 12 (Redevelopment of Beach Road Car Park) and that one statement had been received by a member of the public in relation to Agenda Item 9 (Poole Crematorium: Detailed Options for the replacement of cremators).
Question from John Sprackling on Agenda Item 12
1. Cabinet should be aware that in 2017, PBC sought to remove the Deed of Release and Covenant dated 19 June 1931. This was referred to the Upper Tribunal (Lands Chamber) on 23 May 2018,which rejected the Council's request for stay of proceedings for a period of 6 months and awarded costs against the Council in favour of residents who objected.
2. The Association believes that any Business Case should not be approved until the Covenant issue has been addressed/concluded.
3. Please confirm that the Business Case will be withdrawn until the matter of the Covenant has been resolved.
Response by the Leader of the Council and Portfolio Holder for Development, Growth, Regeneration and Transformation
The process for dealing with the historic restrictive covenants affecting the site and the relevant legislation is fully set out in paragraphs 63- 69 of the Cabinet report.
In 2018 the former Borough of Poole Council withdrew Tribunal proceedings to discharge the restrictive covenants on Beach Road following receipt of Counsel’s advice confirming that the Council should instead use its statutory powers of appropriation to override any covenants that may impede development.
Appropriation is the legal means by which land held by a local authority is transferred from one legal function to another. Appropriation for planning purposes will also convert the rights of beneficiaries of the covenants into a right to receive financial compensation following the grant of planning and implementation of the development causing the interference in the rights.
In due course the Council will place an advert for two consecutive weeks in the local paper declaring its intention to appropriate, to which comments and objections can be made. In reaching a decision, Council will be asked to carefully consider any objections and an assessment of those received will be reported to Cabinet with reasoned responses for consideration.
It is proposed that a full business case and Cabinet report will follow in early 2024 considering these issues and seeking approval to appropriate part of the site for planning purposes, prior to the grant of planning permission and subsequent disposal.
As this project is at the Outline Business Case stage and for the reasons outlined above where further processes will be undertaken and further consideration given to this matter it is recommended that the Council authorises Future Places to progress with the production of a full business case.
Statement from John Ainsworth, Chair of Churches Together In Poole on Agenda Item 9
The 9/22 Cabinet decision aimed to install new cremators by March 2024.
Only Option 3 meets that.
The CDS report does not say when new generation electric cremators will be available to install in Poole. They will be untried and tested technology.
DFW cremators have already been installed at 3 crematoria across the UK and are therefore already tried and tested.
The lead time for purchase of the DFW electric cremators is 9 to 12 months.
Appendix 1 shows that the installation of electric cremators in Poole can be funded over 15 years.