Cemetery House sale

Question

Our areas 3 parish councils have precepted for and run the cemetery &  its house for decades now.

The time has come for the cemetery house to be sold due to high running and maintenance costs.

Question: Our chairman (council & burial board) has talked to the farmer, who's land adjoins the cemetery, and has told him he can buy it and has given him "first refusal" to buy it. Surely there must be something illegal about this?

He also says that the money from the proceeds will be split between the 3 parish councils; surely the money goes back to the council who has maintained it via precept hence via the residents?

Hope the questions make sense

Hope you can help

Thank you

Answer 1

A Chairman, like all other Councillors has no right to act as an individual and therefore your Chairman has no right to speak to the farmer about this matter.  The disposal of an asset is a matter for Full Council, as is how the proceeds are split.  The challenge here is that 3 parishes own the property and therefore it would make sense to have a cross parish committee to deal with the disposal.  As for the splitting of the proceeds, again it would be down to all the parishes with a vested interest to decide - it could be split proportionately depending on the amount of money the parish has spent.  Also bear in mind that you will also need to decide on the how the costs associated with the sale are split too....

But first and foremost, the Chairman needs to be shown the Local Government Act 1972 where it expressly states that he is overstepping the mark.

Good luck with this one - looks like a minefield!

Comments

I have looked at the LGA 1972 and find it hard to find the information easily on parish council law.
Have you a link or advice on how the navigate easily please
Thank you
Miffed

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The Local Government Act 1972, s101 (1) specifically states “…a Local Authority may arrange for the discharge of any of their functions –
a.By committee, a sub-committee or an officer of the authority; or
b.By any other local authority.”
In other words, not by an individual councillor regardless if they are the Chairman or not.
Hope that helps!

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Thank you. It certainly does