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Local Government and Regeneration Committee 09 March 2016

09 Mar 2016 · S4 · Local Government and Regeneration Committee

Item of business

Burial and Cremation (Scotland) Bill: Stage 2

Wilson, John Ind Central Scotland Watch on SPTV

Amendment 1 arose from discussions about the Cremation Act 1902 when the committee took evidence from witnesses. We learned that the Government has not taken the opportunity to update or amend the legislation in the way that we would expect it to do when a comprehensive new bill comes before the Parliament. The issue is the removal of the 200-yard rule that is in the 1902 act. A number of witnesses said that they wanted the rule to be restated in the bill. Amendment 1 is in line with the committee’s recommendation in the stage 1 report, in which we said: “The overwhelming majority of the evidence we received asked for the 200 yard rule to be retained and strengthened. We also noted the substantial confusion around how this rule works in conjunction with the planning system. We find it undesirable that the Bill does nothing to tackle this level of confusion.” In paragraph 89, we concluded: “We therefore recommend the Scottish Government takes cognisance of the issues raised and, in discussion with planning colleagues, brings forward an amendment at stage 2 which addresses these concerns.” The Government has not lodged such an amendment at stage 2, hence my lodging amendment 1. In oral and in written evidence, a number of local authorities asked for the 200-yard rule to be maintained in the bill and asked for clarification on its enforcement. The Federation of Burial and Cremation Authorities also said that it wanted the rule to be included in the bill and enforced. Falkirk Council said in its written submission: “We disagree with removing the existing provision which restricts the proximity of new crematorium to housing. In our view there are risks involved in reducing or removing the 200 yards limit. In the case of Falkirk Council’s crematorium, an extensive area of new housing has been developed to within 110 yards of the crematorium buildings. This has lead to a number of unexpected issues such as the increased use of the crematorium grounds by the new residents and their dogs. Even when dogs are kept on a lead their barking has caused disturbance to Crematorium Services. We believe that future new crematoriums should have a substantial buffer of grounds which are secluded and kept separate from everyday activities. This degree of separation should not be determined by the planning process alone, because policies and provisions in Local Development Plan can be overturned on appeal by developers.” That issue is crucial in relation to this debate. It would be extremely useful for a buffer zone to be contained within the legislation, so that planning authorities and others—particularly developers—are aware of it. If a buffer zone is set out in the legislation, it cannot be encroached upon. I spoke to the author of the submission from Falkirk Council, who indicated that the council has had to undertake substantial work to put in screening and ensure that other issues are dealt with, particularly in relation to residents using the crematorium grounds for walking their dogs. I move amendment 1.

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Local Government and Regeneration Committee 09 March 2016

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