BOROUGH OF POOLE

ENVIRONMENT OVERVIEW & SCRUTINY COMMITTEE

6th SEPTEMBER 2010

REPORT OF THE HEAD OF LEISURE SERVICES

FUTURE PROVISION OF EARTH BURIALS IN POOLE

PART OF THE PUBLISHED FORWARD PLAN - YES

STATUS – STRATEGIC

1. / Purpose
1.1 / To consider options for providing earth burials in Poole.
2. / Decision Required
2.1 / Members are recommended to:
2.2 / Consider the information provided concerning earth burials and direct officers regarding options for future provision for this service.
2.3 / Recommend to Cabinet that Poole and Branksome Cemeteries be reopened for burial, utilising secondary areas not previously used, in order to avoid the unacceptable position of having no burial facilities in Poole.
3. / Background
3.1 / The Council is a Burial Authority by virtue of s.214 (1) of the Local Government Act 1972and have a discretionary power to provide cemeteries.Whilst this is a discretionary power, the Council does have various statutory duties that it may be unable to fulfil if burial provision is unavailable.Please see 8.1 also.
The Council providea crematorium and four local cemeteries. Private burial facilities exist just outside the Borough.
3.2 / Currently burials are accommodated within Parkstone Cemetery and Broadstone Cemetery, however the number of burial spaces is extremely limited and it is estimated that these will be exhausted within 6 to 12 months time. Poole Cemetery and Branksome Cemetery were closed for burials in the 1980’s.
3.3 / The planned new cemetery was intended to resolve this issue - land at the former Moortown Aerodrome has been reserved within the Local Plan to provide a new cemetery. The site is jointly owned by both Bournemouth and Poole Councils; it has limited development opportunities as it is located within the ‘green belt’.
3.4 / Changes to Environment Agency requirements and redesign work have delayed the new cemetery project and costs have risen. The Council had identified £250,000 Capital funding for the development of the site for earth burials. This funding was withdrawn earlier this year. An option remains for private provision of a cemetery on this site but that would require time to investigate including seeking Bournemouth Borough Council’s views.Discussions between officers indicate that Bournemouth currently has between 10 and 15 years of burial space available and so currently there is no requirement for them to increase burial space and the new cemetery is not a priority for them at this time.
3.5 / Consequently the new cemetery is unlikely to be deliverable in the near future.
3.6 / Without immediate action the Council will be unable to offer earth burial in Poole within six months to one year from this time.
4. / OptionA – no action
4.1 / To take no action and allow the remaining two cemeteries to become full. This would result in no burial service being offered by the Council.
4.2 / The Council may still be able to fulfil its statutory obligations as proper disposal of the dead is possible by cremation and through the use of cemeteries outside the Borough, both private and provided by other authorities.
4.3 / This option would be unacceptable to people who for various reasons require burial rather than cremation. Most people have a strong preference to bury in their local area and the costs of burial for Poole residents outside of Poole would be considerably higher.Cemetery provision is under pressure nationally and neighbouring Burial Authorities may not have the capacity for extra burials. As we would be reliant on a third party, the ability to fulfil a statutory duty would be outside of our control. Please see 8.1 also.
See also equalities impact in 10.1 below.
4.4 / This option is not recommended.
5.0 / Option B – short term
5.1 / In order to allow time to investigate other options, action is needed immediately to extend burial provision. It is possible to reopen Poole and Branksome Cemeteries for burial. When these cemeteries were closed the remaining two had adequate space and so the recent practice of utilising secondary areas of the cemeteries had not been followed.
5.2 / Reopening these cemeteries would allow (at best estimates and assuming current numbers of burials) further provision for 3 to 5 years of burials.
5.3 / Some bereaved families have been refused the choice of burial in their local cemetery due to the previous closure of these two cemeteries. They may be extremely distressed if this option became available again too late for recent interments. Because of this likely issue, this option would not be recommended if there were any other option.
5.4 / To avoid the unacceptable position of having no burial facilities in Poole, it is recommended that Poole and Branksome Cemeteries be reopened for burial, utilising secondary areas not previously used.
6.0 / Option C – medium to long term
6.1 / Consider further means to extend burial provision in Poole including the following three sub-options
6.2 / Investigate means to provide or procure a new cemetery at the Canford Magna site, including privatisation and operation by Bournemouth Borough Council.
6.3 / Investigate reclaiming burial spaces - using space above existing graves where the exclusive rights of burial period has expired.
6.4 / Investigate reusing burial space, this entails the removing of remains and burying in another location. This requires careful research and consultation and is potentially more controversial than the previous option.
7 / Financial Implications
7.1 / Option A - with no income from burials the continuing maintenance liabilities would represent a budget pressure.
Option B -this would be considered business as usual with no financial adjustments.
8 / Legal Implications
8.1 / Please also note comments regarding legal matters in 3.1, 4.2 and 4.3 above.
8.2 / Section 46 of the Public Health (Control of Disease) Act 1984 imposes a duty on a Burial Authority to dispose of the body of any person who has died or has been found dead within their area where there is no other person to make arrangements. Theymust not cause the body to be cremated where they have reason to believe that cremation would be contrary to the wishes of the deceased.
8.3 / Under ss. 9 and 11 ofthe Open Spaces Act 1906the Council has the power to acquire and control burial grounds. There is no specific legislation concerning the reopening of cemeteries.
9 / Risk Management Implications
9.1 / Option A -risk of reputation damage to the Council, complaints from the families of the bereaved not able to bury within Poole.
Option B -risk of reputation damage to the Council, possible public response identified in 5.3 above.
It is considered that Option A carries a higher risk.
10 / Equalities Implications
10.1 / Option A may disproportionally affect people with specific faiths or beliefs relating to burial.
Option B would be business as usual with no change to the current service.
11 / Environmental Impact
11.1 / The environmental impacts from burial and cremation are carefully managed, regulated and monitored.
12 / Staffing Implications
12.1 / Option A - reduction / redeployment of 1.5 – 2 FTE staff.
Option B - business as usual.
13 / Planning Implications
13.1 / Poole Cemetery has heritage listing as a landscape of importance but this will not impact on burials.

CLIVE SMITH

HEAD OF LEISURE SERVICES

Contact Officers:

Clive Smith

Stuart Terry

Karen Fry

Report Version 8: – 23/8/10 Page 1