The government’s stated objective with the consultation is to update the Environmental Permitting Regulations to improve the way in which groundwater activities and some related surface water discharge activities, are regulated.
The proposals include an exemption from the permitting scheme for small cemeteries (those with fewer than 100 burials per year) but to qualify as an ‘exempt facility’ a cemetery will have to comply with the General Binding Rules (GBRs), one of which is that the minimum size of a grave plot will be no smaller than 5 square metres.
DEFRA also proposes to prohibit burials within 10m of a field drain or dry ditch, or within 30m of a spring or watercourse, or within 50m of certain protected nature sites, or within 250m of any well, spring or borehole used for domestic consumption or food production purposes.
NALC is aware of one local council cemetery where a standard burial plot is 4′ x 8′ (32sq feet or 3 square metres). To increase the size of the burial plot to 5 square metres would mean increasing the size of the plot by two thirds.
Additionally, the proposed General Binding Rules appear to preclude the use of ‘bricked’ graves where it is not possible to achieve a minimum depth of soil of at least 1 metre above any part of the coffin (Part 1 of Schedule 2 of the Local Authorities Cemetery Order 1977 contains specific provisions for the use of walled or bricked graves where the minimum depth of soil cannot be achieved).
DEFRA has also made proposals regarding ground-source heat pumps which, if implemented, will restrict the installation of such pumps within certain distances of watercourses, springs and protected nature sites. These restrictions may impede the drive towards ‘green energy’, including community-based solutions.
There are potential implications of amending these regulations for anyone who has or is planning to have a ground-source heat pump and/or a septic take, and for communities with elderly sewage systems which have to carry storm water as well as foul water.
Respondents from the local council sector are strongly advised to read Annex B to the main consultation document which contains the details of draft exemption conditions for small-scale cemetery developments in low-environmental risk settings with possible future effect. See Annex A for a glossary of terms relevant to this consultation.
For more information, read NALC’s policy briefing which contains details of their current policy position and the consultation questions that they will be responding to. Councils can respond to the consultation directly and respond to NALC to help inform their own consultation response.
Respond to NALC by 5pm on Friday 26 November, the DEFRA consultation closes on 22 December 2021.