BOROUGH OF POOLE
PORTFOLIO HOLDER FOR ENVIRONMENT
W/C 26 SEPTEMBER 2005
REPORT OF THE HEAD OF LEISURE SERVICES
MAINTENANCE OF CANFORD MAGNA CEMETERY
1 / Purpose and Policy Context1.1 / To formalise a statutory process of adoption following the formal request made by the Canford Magna Parochial Church Council (PCC) that the Council should take on responsibility for the maintenance of the closed Canford Magna Cemetery, pursuant to the obligation placed upon local authorities in Section 215 of the Local Government Act 1972.
2 / Decision Required
2.1 / The Portfolio Holder is recommended to:
2.1.1 / Consider the information in this report and give approval for the Council to meet its obligations and take on the responsibility for maintaining Canford Magna Cemetery.
2.1.2 / Note that the PCC wishes to retain part of the land with a view to disposing of it for such purpose as the PCC may consider appropriate.
3 / Information
3.1 / Section 215 of the Local Government Act 1972 provides that where a churchyard has been closed by an Order in Council, the Parochial Church Council shall maintain the churchyard by keeping it in decent order and its walls and fences in good repair buy may serve a written request on the District Council to take over the maintenance of the churchyard. Formal notice was served on the Council by way of a letter from the Rector of Canford Magna Churches dated 20 April 2005.
3.2 / Upon receipt of this notice, and before the financial liability for maintaining the cemetery passed to the Borough of Poole, the cemetery was inspected to ensure that the taxpayers of Poole were not burdened with the cost of restoring the cemetery to a reasonable standard.
The cemetery itself had unfortunately been neglected for some time and there was a large amount of Japanese Knotweed present on both the vacant land adjoining the cemetery and in the cemetery itself. Leisure Services obtained a quotation for the work needed to bring the cemetery up to standard and the disposal of the Japanese Knotweed. The PCC then paid for this work to be done.
The cemetery has since been kept to this standard and is in a good condition.
3.3 / The PCC has indicated that it intends to retain the vacant land at the western end of the cemetery, which has now been fenced off. The PCC has made it known that it is exploring possible uses for this land which could result in the land being sold. This is permitted by virtue of the Pastoral Measure 1983, whereby a Parochial Church Council may request formulation of a pastoral scheme by the Diocese which may provide for the appropriation of the whole or any part of any churchyard or burial ground, whether or not next to the church, to such use or uses as may be specified or generally described in the pastoral scheme and this scheme may provide for the disposal of such property for such use or uses or without limitation of use. The effect of this scheme will be to enable the PCC to dispose of the land as it thinks fit, with the approval of the Bishop.
4 / Financial Implication
4.1 / Leisure Services has allocated sufficient funds within the grounds maintenance budget to meet the obligation of maintaining the closed cemetery at Canford Magna, which is calculated to be approximately £1,650 per annum.
5 / Conclusion
5.1 / Upon advice from Legal and Democratic Services it is clear that the Council is under a statutory obligation to accept responsibility for maintenance of the churchyard, having been served with a formal request to do so by the church (Statutory Authority Section 215 Local Government Act 1972).
5.2 / The Parish Church Council may resolve to retain part of the land with a view to disposing of it for such purpose as the PCC may consider appropriate (Pastoral Measure 1983 Section 30)
CLIVE SMITH
HEAD OF LEISURE SERVICES
Contact Officers:
Jayne Taylor – (01202) 261311
Background Papers:
None
Report Version: 13 September 2005 Page 1