Decision

To:

1. Declare the land outlined red on the plan attached at Appendix 1 surplus to requirements.
2. Advertise the freehold disposal of Fosdyke Cemetery to Fosdyke Parish Council in accordance with the requirements of Section 123 of the Local Government Act, 1972.
3. Subject to no representations being received to the advertisement described at point 2 above, dispose of the land outlined red on the plan attached at Appendix 1 to Fosdyke Parish Council at its unrestricted market value determined by the Council’s appointed Registered Valuer.
4. Include an overage clause in any resulting conveyance at the maximum percentage advised by the Council’s legal representatives.
5. Recover the Council’s legal, valuation and advertising costs in effecting this decision from Fosdyke Parish Council.

In the event any representations are received in respect of the advertisement described at point 2 above, this decision will be paused and the representations referred to the Council’s Cabinet for consideration and decision as to whether to progress with any disposal.

Reasons for the decision

Whilst the Council own, manage and maintain Fosdyke Cemetery, holding the asset costs the Borough Council taxpayer significantly more than it generates annually and returns financially (although it does provide a clear ‘social’ and ‘amenity’ value). The Parish Council are seeking a transfer of the asset to hold and maintain at its sole liability, for the benefit of Parish and wider residents. As described in the Council’s adopted Asset Strategy 2023 – 2028, there is no overriding strategic reason for retaining the asset when the Parish are seeking to assume liability whilst maintaining its current use and purpose.

Alternative options considered

• Not to dispose of the Cemetery to the Parish Council and retain the land – whilst an option, there is not overriding strategic need, value or purpose in doing so.

• Seek to dispose on the open market – whilst there may be market interest, this option is not recommended given the de minimis valuation and the designated planning use of the land.