Construction on top of disused cemeteries would become more widespread under official recommendations published today.
Burial grounds closed during the Victorian era after being declared ‘full’ could be reopened to accept new graves, the Law Commission also proposed in a report setting out a series of fundamental changes to the way human remains are dealt with in England and Wales.
It warned that the situation under current legislation ‘risks us running out of burial space’, with one study by the Ministry of Justice – conducted in 2007 – suggesting there was an average of 30 years’ capacity left at council cemeteries.
The Disused Burial Grounds Act makes it unlawful to redevelop a graveyard other than to enlarge a place of worship. Meanwhile, council-run cemeteries and non-religious graveyards can only be redeveloped if the owner obtains an Act of Parliament.
The report said the law should be changed to allow local authority graveyards and private burial grounds to be redeveloped for the first time, including for housing.
Disused cemeteries ‘could be used for houses or new graves’ under new official legal recommendations. Pictured:Â Overgrown graveyard at Berea Chapel at Blaina Blaenau Gwent Wales
The Romantic Church Ruins date back to the 12th century in a pretty village in Hertfordshire
In some circumstances human remains could be left in place.
The 356-page consultation paper asked whether relatives of people buried in burial grounds should be able to veto developments on the site for 50, 75 or 100 years.
Under current rules – which apply largely to consecrated land – there is no need to exhume human remains from a site being built upon if they will remain undisturbed.
In a second major proposal, the report said disused graveyards could be re-opened for new burials.
‘The law currently does not permit closed burial grounds to be reopened,’ it said.
‘However, some stakeholders have told us that they may be interested in reopening burial grounds which have been closed.
‘The last burial in many of these will have happened well over a century ago, so they could be suitable for grave reuse.
‘We provisionally propose that it should also be possible for the Secretary of State to reopen closed burial grounds.’
It added: ‘We acknowledge that reuse of old graves is a sensitive issue.’
The document also asked whether the law should be changed to allow two deceased people to be cremated together.
Currently guidance permits only a parent and child, or twins, to be cremated together.
The Celtic Cross with weathered patina and decorative carvings at disused former Anglican Parish Church of St. Peter
The report asked whether there should be a relaxation of current laws which require crematoria to be constructed at least 200 yards from anyone’s home.
In further recommendations, the Law Commission said the current criminal offence of burying more than one body in a coffin should be repealed.
It is unclear whether the recommendation could lead to widespread double burials of spouses, for example.
The commission’s Professor Nick Hopkins said: ‘Our proposals provide a significant opportunity to reform burial and cremation law and secure burial space for future generations.
‘This must be done sensitively and with wider public support, which is why we want to hear from those with a view.’
Many historic churchyards were closed in the first half of the 19th century on public health grounds amid concerns over coffins being stacked above ground rather than interred due to lack of space.
The consultation closes on January 9.
