Name of meeting: CABINET Date: 20 NOVEMBER 2012

Title of report: TRANSFER OF DENBY DELF TO COUNCIL

Is it likely to result in spending or No saving £250k or more, or to have a significant effect on two or more electoral wards?

Is it in the Council’s Forward Plan? “not applicable”

Is it eligible for “call in” by Scrutiny? Yes

Date signed off by Director & name Jacqui Gedman – 11.10.12

Is it signed off by the Director of David Smith – 09.10.12 Resources?

Is it signed off by the Acting Vanessa Redfern – 06.11.12 Assistant Director - Legal & Governance?

Cabinet member portfolio Place (Investment and Housing)

Electoral wards affected: Ward councillors consulted: Cllr Graham Turner, Cllr Jim Dodds, Cllr Elaine Ward – all supportive of the transfer of Denby Delf to Kirklees Council Public or private: PUBLIC

1. Purpose of report This report seeks the support of Cabinet for the transfer of Denby Delf at Upper Denby to the ownership of Kirklees Council.

2. Key points 2.1 Denby Delf at Upper Denby is of County wide importance for biodiversity and is designated as a Local Wildlife Site (or SSI), it is home to a colony of the scarce Green Hairstreak butterfly and the rare Adders Tongue Fern is also present on the site. The site is also locally important for informal recreation. 2.2 Denby Delf was purchased by the former Meadowlands Trust Ltd (dissolved) in the late 1990s, with grant aid from the Heritage Lottery Fund and Landfill Tax credits via Kirklees Council. When the Meadowlands Trust Ltd went into bankruptcy its affairs were taken over by the Charity Commission, who made strenuous efforts to find a charity or other body willing to take over the Trust. Among the organisations contacted by the CAB-12-036 Transfer of Denby Delf to Kirklees Council

Charity Commissioners at the time were the Garganey Trust and Kirklees Council. The unquantifiable debts of the former Meadowlands Trust Ltd meant, however, that no organisation was willing to take on this responsibility. 2.3 After a number of years the assets of the former Meadowlands Trust Ltd passed to the Treasury Solicitor (Bona Vacantia) for disposal. After being made aware of the conservation and recreation value of the assets, the Treasury Solicitor (Bona Vacantia) offered not to sell the assets, but to lease them to appropriate interested parties for management as nature reserves and informal recreation. The Garganey Trust expressed interest in leasing Denby Delf and managing it in partnership with Kirklees Council and the local community. 2.4 There was some vociferous local opposition to the Garganey Trust leasing Denby Delf, including unreasonable comments, from which this Council immediately disassociated its self. The Garganey Trust took offence at these comments and subsequently refused to engage with the local community. In addition it has also failed to date to manage Denby Delf to the standard that would be expected by a Trust, the Trustees of which are experienced conservationists. 2.5 The Treasury Solicitor is aware of the concerns about management of Denby Delf, but is not in a position to take on the management of the land itself and does not wish to retain the freehold for the site. The Treasury Solicitor, therefore, feels that the Council represents the best option for the ownership of Denby Delf in the long term. 2.6 If the Council takes on the freehold of Denby Delf, officers with the active support of Ward members and the local community would monitor the condition of the site, (we have responsibility to monitor the condition of Local Wildlife Sites anyway) to enforce the conditions of the Garganey Trust’s lease. If the Garganey Trust continues to ineffectively manage Denby Delf, the Council would attempt to determine the lease with the Garganey Trust, subject to advice as to the merits from PR&P and Legal Services, and then manage it in partnership with the local community. The Council would subsequently and as soon as possible, seek Natural approval to declare Denby Delf a Local Nature Reserve under the 1949 National Parks and Access to the Countryside Act.

3. Implications for the Council 3.1 Taking on the freehold of Denby Delf would have resource implications for the Council and officers would have to put pressure on the Trustees of the Garganey Trust to manage the site more effectively. The site is, however, low intervention and the costs of managing such sites are low. • For the freehold purchase Legal fees would be approximately £400 plus any SDLT based on a percentage of the market valuation and any searches. • The cost of terminating the Garganey Trust lease is likely to be £500 - £1,000. • If the Garganey Trust fully contested termination of their lease, it could be an additional £2,000-£5,000. • The value of the land is only £500 due to the Garganey Trust lease and no Stamp Duty land Tax is, therefore, applicable. • Total initial cost could, therefore, be up to £6,400.

CAB-12-036 Transfer of Denby Delf to Kirklees Council

Funding in support of essential maintenance and enhancement work could potentially be obtained from: • Local farmer taking a hay crop from the site • Higher Level Stewardship application to DEFRA • Application to SITA or BIFFAWARD • Application to ‘Heritage Lottery Fund’ ‘Your Heritage’ programme • Denby Dale Parish Council

4. Consultees and their opinions 4.1 Ward members and Kirklees Wildlife and Landscape Partnership strongly support the transfer of Denby Delf to the ownership of Kirklees Council. 4.2 A recent condition assessment by West Ecology advised that “overall the site is considered to be sub-optimal and deteriorating”. 4.3 The Physical Resources and Procurement Service feel that Denby Delf would clearly be better off under Council management. Achieving this outcome could, however, be very difficult indeed and Members need to be fully aware that the lease to the Garganey Trust could only be forfeited in very limited circumstances. There may, therefore, be officer time resource implications to the Council in the future management and supervision of the Garganey Trust, particularly given their previous minimal management of the Denby Delf and apparent reluctance to communicate with the Council.

5. Next steps The Physical Resources and Procurement Service need to negotiate with the Treasury Solicitor over the transfer of the freehold for Denby Delf to this Council for a nominal sum.

6. Officer recommendations and reasons Denby Delf is of County wide importance for biodiversity and locally important for informal recreation. The most effective means of securing the future of this particular site is for the Council to take on the freehold. Note should, however, be made of the concerns raised by Physical Resources and Procurement.

7. Cabinet portfolio holder recommendation Cllr McBride and Cllr Scott support the officer recommendation for the transfer of the freehold of Denby Delf to Kirklees Council but would propose that any costs be met from local Area Committee funding.

8. Contact officer and relevant papers Neil Windett Countryside Manager Tel: 01484 234076 Email: [email protected] Jeff Keenlyside Environment Officer (Biodiversity) Tel: 01484 Email: [email protected]

CAB-12-036 Transfer of Denby Delf to Kirklees Council

9. Assistant director responsible Richard Hadfield, Acting AD Investment and Regeneration

CAB-12-036 Transfer of Denby Delf to Kirklees Council

CAB-12-036 Transfer of Denby Delf to Kirklees Council