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A report to Harrogate Borough Council for the comparative feasibility analysis of the two proposed new cemetery sites: December 2007

Company Directors: JJ Smith

J Prentis

Registered Office: 46-48 Rothesay Road Luton, Bedfordshire, LU1 1QZ

Registered No: 5048077

Customer Ref: CDS/30101

Harrogate Borough Council

A report for undertaking a comparative feasibility study for the two nominated new burial sites

Contents

1 Executive Summary 2 Introduction 3 Background 4 Site investigations 6 Summary 7 Terms and conditions

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1.0 Executive Summary Both of the alternative sites chosen for replacing Ripon Cemetery when full, have their pros and cons as discussed in section 5 further in this report. Cost being a major factor in choice the following table summarises the anticipated development costs for the 2 proposed options, calculated for developing the first 2 acres for burial, this includes basic utility infrastructure, roadways and landscaping, but not purchase price. Site Ripon Extension Harries Lane

Development cost £350K £220K+

Whilst Harries Lane appears more attractive on price and indeed many other attributes, it, like Ripon extension will require a detailed Environment Agency groundwater planning investigation to alleviate any concerns specific to groundwater pollution. We feel it would be worthwhile considering Harries Lane as the preferred alternative site subject to detailed EA T1 investigations.

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2.0 Introduction Cemetery Development Services were asked to undertake a comparative feasibility analysis of the two proposed development sites for their suitability as new cemeteries to facilitate burials once Ripon cemetery becomes full. The two proposed sites will be known as Land adjacent to Ripon Cemetery and Harries Lane. The site adjacent to Ripon Cemetery was assessed 19th October 2007 and the Little Harries Lane site assessed on the 6th December 2007. 3.0 Background The Ripon Cemetery is due to be full within the next 5 to 6 years depending on current utilisation and internal development. This will require the establishment of a new site within the ward by the end of this 5 year period, typically the time taken from site selection, through Environment and Planning consultation and on to completion may take up to five years and sometimes beyond therefore the selection and development of a new location should proceed with some urgency. It is important to identify suitable sites that fulfil the following requirements

• Environmental suitability • Planning and highways legislation • Stakeholder interest and desirability.

All cemeteries before any planning consent or even stakeholder desirability can be considered have to fulfil an environmental risk assessment. This risk assessment or audit will determine the likelihood of the site progressing further as a new cemetery option. 3.1 Groundwater Protection Policy Initial risk screening would start with the tools contained in the Agency’s publication, Policy and Practice for the Protection of Groundwater. Tools include Groundwater Vulnerability and Source Protection Zone (SPZ’s) maps. These maps highlight where there are likely to be particular risks posed to groundwater from surface activities. Groundwater Vulnerability (GWV) Maps show the damage from pollution to groundwater and the relative importance of the aquifer to water supplies. Risk assessment is made with reference to soil leaching potential and the levels of water tables above major and minor aquifers. Whilst groundwater is a major part of policy concerns other water point sources are also considered as requiring an evaluation of risk. These sources include surface water in the form of ditches, spring lines and surface run-off. The factors influencing the risk of groundwater vulnerability include:

• Soil nature and type o Physical, mechanical and chemical properties

• Geomorphology

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o Depth to water table and or height above aquifers o Groundwater flow mechanisms o Aquifer type

• Abstractions • SPZ’s • Proximity to water courses, ditches and drains

Therefore, prior to any consent being given by the Environment Agency, an assessment of risk should be undertaken. The degree of assessment is measured through a series of stages namely:

• Hazard identification • Identification of consequences • Magnitude of consequences • Probability of consequences • Significance of risk.

Neither of the two Ripon Cemetery extension areas has yet been accepted by the Environment Agency as a suitable site for development. This report reviews those sites and the likely issues to be raised with planning consent from the EA and other bodies.

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4.0 Site investigations 4.1 Site Adjacent to Ripon Cemetery 4.1.1 Location The site is located north of the Kirkby Road Cemetery and can be accessed in the southwest corner from the Kirkby Road, see Figure 1a/b below. Figure 1a and 1b

4.1.2 Site Description The site is approximately 2.2 acres in size and currently in cereal production and has been used extensively for arable crop production in the past. The site slopes generally north to southwest with a steep depression at the southerly entrance with falls approximating between 7% and 8% illustrated by the yellow arrows in Figure 1b above. These slopes will have to be leveled and graded, this will require some significant engineering as top soil will have to be stripped and stockpiled with the subsoil then trimmed to uniform grades prior to the topsoil being returned. To the northwest a ditch flows north to south, however whilst this is out of the boundary of the proposed site, the flood area is sited over the proposed entrance. 4.1.3 Access Access will be via the Kirkby Road. There is no constructed current access to the site but a access could be created in the south west corner 4.1.4 Ownership The land is currently owned by the council and let by tenancy to a farmer 4.1.5 Capacity A site of 2.2 acres would accommodate a total of 1400 to 1600 full burials subject to a typical 4’.6” by 9’ spacing. The likely need for on site parking may reduce this number to 1200 full burials, however this still provides scope for some 40 years of usage at approx 30 new burials per annum.

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4.1.6 Environmental Sensitivity Environmental issues to be considered as potentially limiting or restrictive to site selection and subsequent development include soil type, morphology, groundwater protection issues and flood risk assessments. 4.1.6.1 Soil Type The Soils Maps of England and Wales map the site at Ripon as being of Brickfield Series combined with some Alun Series soil types. These are generally soils of slow permeability usually overlying clay and may be seasonally water logged. Some gravel seams may lie underneath providing sources of groundwater and may be classed as minor aquifers Figure 2

4.1.6.2 Groundwater Protection Source Protection Zones are delineated areas around groundwater abstractions used for public consumption and defined by travel time of biological or chemical contaminants. The zones are classified in three groups: Zone 1 High risk Zone 2 Intermediate to high risk Zone 3 Intermediate risk The agency would be opposed to large graveyards within Zone 1 of an SPZ.

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Figure 3

Source Protection

Inner Zone 1

Outer Zone 2

Total Catchment 3

Special Interest

The Ripon site is considered outside any major SPZ risk sites as a development. 4.1.6.3 Flood Risk The Environment Agency map below illustrates any potential risk from flooding, even in circumstance of extreme flood conditions. Figure 4

Flooding from rivers without defence.

Extent of extreme flooding

The main part of the site is not at risk of fluvial flooding as it is located in Flood Zone 1 which is low risk. However, it should be noted that the entrance area and the lower sections of the site are at high potential risk to flooding from slope effect and with the high groundwater levels assessed at less than 1 meter bgl.

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4.1.7 Development Cost Whilst the site could be developed in a modular approach the most significant cost would be in the basic hardstanding infrastructure and road access, assuming a two-way flow of traffic for access and egress to the anticipated parking area. Drainage would be very expensive as groundwater management would be essential this can cost up to £70 to £90K per hectare as deep 3m+ drainage is required to comply with EA guidelines. Surface water capture will be essential to prevent open graves filling from run off water in winter. Initial development costs are therefore anticipated to be between £170K and £185K per acre this includes groundforming, gateage, roadways, paved areas, drainage, water infrastructure, basic toilet and shelter provision and soft landscaping for the fist 50% of the site. If the whole site were to be developed the costs would be close to £370K (not including legal fees) 4.2 Harries Lane Site 4.2.1 Location The site is located just off the Harries lane as illustrated below. Figure 5a and 6b

4.2.2 Site Description The site is approximately 3 acres (1.5 hectares). The land falls west to east as indicated by the yellow arrows with a fall of approximately 2%. The development site will be abutted on all sides by either arable or grazing land. 4.2.3 Access Access currently is via the Harries Lane off Kirkby Road. 4.2.4 Ownership The land is currently owned by the council and let by tenancy to a farmer

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4.2.5 Capacity A site of 1.5 hectares would accommodate a total of 1500 to 1800 full burials subject to a typical 4’.6” by 9’ spacing. This would provide significant scope for burial options that require more extensive land use such as woodland and natural burials, however these options are still in their infancy and are yet to capture a significant part of the burial market. This site would provide for up to 1800 full burials or a life expectancy at the current 30 burials per annum of 60 years! 4.2.6 Environmental Sensitivity Environmental issues to be considered as potentially limiting or restrictive to site selection and subsequent development include;- soil type and morphology, groundwater protection issues, flood risk assessments. 4.2.6.1 Soil Type The Soils Maps of England and Wales map the site at Ripon as being of Brickfield Series and some Wickham Series soil types. These are generally soils of slow permeability usually overlying clay and may be seasonally water logged. Some gravel seams may lie underneath providing sources of groundwater and may be classed as minor aquifers Figure 6

However this site does offer better soil and soil water management conditions and on this basis is a more suitable site. 4.2.6.2 Groundwater Protection Source Protection Zones are delineated areas around groundwater abstractions used for public consumption and defined by travel time of biological or chemical contaminants. The zones are classified in three groups: Zone 1 High risk

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Zone 2 Intermediate to high risk Zone 3 Intermediate risk The agency would be opposed to large graveyards within Zone 1 of an SPZ. Figure 7

Source Protection

Inner Zone 1

Outer Zone 2

Total Catchment 3

Special Interest

The Harries Lane site is considered outside any major SPZ risk sites as a development. This zone is defined by the 400-day travel time, or 25% of the source catchment area, whichever is larger. The travel time is derived from consideration of the minimum time required to provide delay, dilution and attenuation of slowly degrading pollutants. Bore hole studies may be required although the ground was unsuitable for piezometer access no ground water was found at 2 meter depths 4.2.6.3 Flood Risk The Environment Agency map below illustrates any potential risk from flooding, even in circumstance of extreme flood conditions. Figure 8

Flooding from rivers without defence.

Extent of extreme flooding

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The site is not at risk of fluvial flooding as it is located in Flood Zone 1 which is low risk. 4.2.7 Development Cost The site development would include the cost of the road access and the cost of improving the connecting of the access road to the existing highways infrastructure. The access road would have to be a two-way flow system to a standard road construction protocol. We have estimated that the initial access length of 130 meters of paved road would cost at the minimum £50K and this would not include the connection to the public highway estimated to be a further £15K. The onsite development cost should allow for a shelter, public toilets, parking, lighting and hard and soft landscaping, because of its remoteness electricity and other utility supplies should be taken into the overall cost account. We have estimated working on typical cemetery development costs of £110K per developed hectare, and that this site will cost the council in excess of £220 K to develop (not including legal fees) Whilst the size of the cemetery should provide the council with 60 years supply of burials (assumes 60% of graves will be for double burial) the cost of development divided by usage time seems quite high. There are a number of manholes that appear to be over a main sewer or water management system this requires a thorough investigation. 5.0 Site Comparison Whilst it may be considered somewhat subjective the table below considers the 2 sites on their merits as assessed in the above report. The scoring system is of a 0 to 9 scale (where 0 is a complete failing and 9 being highly influential) the scoring is based on the following principals for each observation, Location Location is scored on the basis of its accessibility and distance from the town or the local community it is serving Access Access is scored on the connection ability for all forms of public transport, suitability for pedestrian access and DDA issues. Ownership The ownership ensures that the site security and longevity is in the control of the local authority, private ownership would not provide for any long-term certainty in the cemetery’s future and the level and standard of care may not be in the authorities control. Covenants and deeds also score against the suitability of a proposed site. Capacity Duration and cost benefit of a cemetery are integrally linked therefore the greater the capacity the greater the potential cost benefit and thus the higher the score.

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Environmental Issues Environmental sensitivity of a site is critical in terms of development time and cost. SPZ1 and GBC Policy issues can be the success or failing of the application for final planning consent. Aesthetics The setting and overall ambience of the site in conjunction other environmental aspects such as the vista and noise has a high weighted value for the decision making process as to the sites suitability. Planning Fundamental to all site selection is the likelihood of planning consent being readily achieved; a positive score is based on the least number of likely issues that may pose a barrier or restriction on planning approval. Development Cost The score for development cost is a cost benefit ratio weighted by the number of graves to the cost of development with the initial set up cost as being the major capital outlay. Attributes Ripon Extension Harries Lane Location 7 5 Access 5 5 Ownership 8 8 Capacity 7 9 Environmental 4 6 Aesthetics 7 8 Planning 7 7 Development cost 2 7 Total 47 55 If the attributes used for assessment are only those factors that are considered to be choice based decisions rather than factors decided upon by other agencies (EA etc) then the table will look something similar to that one below. Attributes Ripon Extension Harries Lane Location 7 5 Access 5 5 Ownership 8 8 Capacity 7 9 Aesthetics 7 8 Development cost 2 7 Total 37 42

Clearly the Harries Lane scores highest on an overall choice based on location and practical considerations, however both have major issues to be resolved with regard to the wider public interest

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6.0 Summary Both of the alternative sites chosen for replacing Ripon Cemetery when full, have their pros and cons as discussed in section 5 above. Cost being a major factor in choice the following table summarises the anticipated development costs for the 4 proposed options, calculated for developing the first 2 acres for burial, this includes basic utility infrastructure, roadways and landscaping, but not purchase price. Site Ripon Extension Harries Lane

Development cost £350K £220K+

We feel it would be worthwhile considering Harries Lane to undergo detailed EA planning investigations.

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Cemetery Development Services (CDS) Terms and Conditions for the Supply of Services Interpretation In these Conditions AGREED FEE means the charges agreed between CDS and the Client in relation to the Specified Service CLIENT means the person named on the Specification Sheet for whom CDS has agreed to provide the Specified Service in accordance with these Conditions CONTRACT means the contract for the provision of the Specified Service DOCUMENT includes, in addition to a document in writing, any map, plan, graph, drawing or photograph, any film, negative, tape or other device embodying visual images and any disc, tape or other device embodying any other data INPUT MATERIAL means any Documents or other materials, and any data or other information provided by the Client relating to the Specified Service OUTPUT MATERIAL means any Documents or other materials, and any data or other information provided by CDS relating to the Specified Service SPECIFICATION SHEET means the sheet to which these Conditions are appended SPECIFIED SERVICE means the service relating to geophysical surveys of land to be provided by CDS for the Client and referred to in the Specification Sheet CDS means CDS (registered in England under number 05089827) or its subsidiary as stated on the Specification Sheet The headings in these Conditions are for convenience only and shall not affect their interpretation. Supply of the Specified Service CDS shall provide the Specified Service to the Client subject to these Conditions. Any changes or additions to the Specified Service or these Conditions must be agreed in writing by CDS and the Client. The Client shall allow CDS adequate access to its property at reasonable times and for so long as is necessary to enable CDS to provide the Specified Service in accordance with the Contract. The Client shall at its own expense supply CDS with all necessary Documents or other materials, and all necessary data or other information relating to the Specified Service, within sufficient time to enable CDS to provide the Specified Service in accordance with the Contract. The Client shall ensure the accuracy of all Input Material. CDS shall have no liability for any loss or damage, however caused, to the Input Material. All Output Material shall be at the sole risk of the Client from the time of delivery to or to the order of the Client. The Specified Service shall be provided in accordance with the Specification Sheet subject to these Conditions. Further details about the Specified Service, and advice or recommendations about its provision or utilisation, which are not given in CDS’s brochure or other promotional literature, may be made available on written request. CDS may correct any typographical or other errors or omissions in any brochure, promotional literature, quotation or other document relating to the provision of the Specified Service without any liability to the Client. CDS may at any time without notifying the Client make any changes to the Specified Service which are necessary to comply with any applicable safety or other statutory requirements, or which do not materially affect the nature or quality of the Specified Service. Charges Subject to any special terms agreed, the Client shall pay the Agreed Fee and any additional sums which are agreed between CDS and the Client for the provision of the Specified Service or which, in CDS’s sole discretion, are reasonably incurred as a result of the Client’s instructions or lack of instructions, the inaccuracy of any Input Material or any other cause attributable to the Client. All charges quoted to the Client for the provision of the Specified Service are exclusive of any Value Added Tax, for which the Client shall be additionally liable at the applicable rate from time to time. CDS shall be entitled to invoice the Client on completion of the Specified Service. The Agreed Fee and any additional sums payable shall be paid by the Client (together with any applicable Value Added Tax, and without any set-off or other deduction) within 30 days of the date of CDS’s invoice. If payment is not made on the due date, CDS shall be entitled, without limiting any other rights it may have, to charge interest on the outstanding amount (both before and after any judgment) at the rate of 4 % above the base rate from time to time of Barclays Bank plc from the due date until the outstanding amount is paid in full. Rights in Input Material and Output Material The property and any copyright or other intellectual property rights in: any Input Material shall belong to the Client any Output Material and any amendments or variations to the Input Material made by CDS shall, unless otherwise agreed in writing between the Client and CDS, belong to CDS, subject only to the right of the Client to use the Output Material for the purposes of utilising the Specified Service. Any Input Material or other information provided by the Client which is so designated by the Client and any Output Material shall be kept confidential by CDS, and all Output Material or other information provided by CDS which is so designated by CDS shall be kept confidential by the Client; but the foregoing shall not apply to any Documents or other materials, data or other information which are public knowledge at the time when they are so provided by either party, and shall cease to apply if at any future time they become public knowledge through no fault of the other party. The Client warrants that any Input Material and its use by CDS for the purpose of providing the Specified Service will not infringe the copyright or other rights of any

third party, and the Client shall indemnify CDS against any loss, damages, costs, expenses or other claims arising from any such infringement. Warranties and Liability CDS warrants to the Client that the Specified Service will be provided using reasonable care and skill and, as far as reasonably possible, in accordance with the Specification and at the intervals and within the times referred to in the Specification Sheet. Where CDS supplies in connection with the provision of the Specified Service any goods (including Output Material) supplied by a third party, CDS does not give any warranty, guarantee or other term as to their quality, fitness for purpose or otherwise, but shall, where possible, assign to the Client the benefit of any warranty, guarantee or indemnity given by the person supplying the goods to CDS. CDS shall have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from any Input Material or instructions supplied by the Client which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, or arising from their late arrival or non-arrival, or any other fault of the Client. Except in respect of death or personal injury caused by CDS’s negligence, or as expressly provided in these Conditions, CDS shall not be liable to the Client by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of CDS, its servants or agents or otherwise) which arise out of or in connection with the provision of the Specified Service or their use by the Client, and the entire liability of CDS under or in connection with the Contract shall not exceed the amount of CDS’s charges for the provision of the Specified Service, except as expressly provided in these Conditions. CDS shall not be liable to the Client or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of CDS’s obligations in relation to the Specified Service, if the delay or failure was due to any cause beyond CDS’s reasonable control. Termination Either party may (without limiting any other remedy) at any time terminate the Contract by giving written notice to the other if the other commits any breach of these Conditions and (if capable of remedy) fails to remedy the breach within 30 days after being required by written notice to do so. Insolvency of Client This clause applies if: the Client makes any voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Client; or the Client ceases, or threatens to cease, to carry on business; or CDS reasonably apprehends that any of the events mentioned above is about to occur in relation to the Client and notifies the Client accordingly. If this clause applies then, without prejudice to any other right or remedy available to CDS, CDS shall be entitled to cancel the Contract or suspend any further provision of services under the Contract without any liability to the Client, and if the Services have been provided but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary. General These Conditions (together with the terms, if any, set out in the Specification Sheet) constitute the entire agreement between the parties, supersede any previous agreement or understanding and may not be varied except in writing between the parties. All other terms and conditions, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law. Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice. No failure or delay by either party in exercising any of its rights under the Contract shall be deemed to be a waiver of that right, and no waiver by either party of any breach of the Contract by the other shall be considered as a waiver of any subsequent breach of the same or any other provision. If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected. Any dispute arising under or in connection with these Conditions or the provision of the Specified Service shall be referred to arbitration by a single arbitrator appointed by agreement or (in default) nominated on the application of either party by the President for the time being of Institute of Arbitrators. English law shall apply to the Contract, and the parties agree to submit to the non-exclusive jurisdiction of the English courts.

7 Cemetery Development Services - Terms and Conditions