Agenda item

To consider a report by then Head of Highways and Environmental Services, on the rules applicable across the Council’s cemeteries, and how those rules are managed and enforced, had been circulated previously.

                                                                                                          11.15 a.m.

A copy of a report by the Head of Highways and Environmental Services (HHES) had been circulated with the papers for the meeting.

The Lead Member for Public Realm introducing the report advised that the report was being presented to the Committee to seek Members’ endorsement for stricter management and enforcement of cemetery rules across the county’s lawned cemeteries and to support the enforcement of the rules where breaches occurred.  The Committee’s support was also sought for the approach taken to meet the demand from the public for memorial benches and for the proposal to introduce Dog Control Orders in the county’s cemeteries.  The Lead Member emphasised that Members’ support was being sought for the recommended approach due to the sensitive nature of the proposals.  It was anticipated that there would be a level of public criticism despite the fact that Members had supported the proposals.  The Lead Member and officers advised the committee that:-

·                      ‘lawned cemeteries’, which was the type of cemeteries owned and operated by Denbighshire County Council, were governed by the 1999 Cemetery Rules.  Under these Rules only monuments, usually set on a plinth were allowed, no other adornments were permitted;

·                      when individuals purchased ‘burial rights’ clauses setting out the above were set out in the legal agreement.  Understandably, purchasers at such a difficult time in their lives possibly did not read all the ‘small print’ and therefore there was a growing tendency for adornments or small gardens of remembrance to be placed over graves.  This practice, which hindered ground maintenance work at the cemeteries, was particularly prevalent at Coed Bell Cemetery in Prestatyn, but also affected other cemeteries throughout the county;

·                      whilst individuals and families did purchase ‘burial rights’ the Council was still responsible for maintaining the ‘lawned cemeteries’.  With a view to keeping these amenities neat and tidy officers were seeking Members’ support to write to owners of burial rights or their families who were not currently abiding with the Council’s rules for ‘lawned cemeteries’ requesting them to remove any embellishments within six months.  The correspondence would stipulate that if they did not conform with this request that the Council would, at the end of the six month period, remove the memorabilia;

·                      there was an increasing problem with dogs in a number of the county’s cemeteries, with dog owners using cemeteries as dog recreational areas.  This led to dogs urinating on headstones and dog fouling problems in the cemeteries.  It was therefore proposed that later on in the year the Public Protection Department would consult on the introduction of dog control orders, banning all dogs (apart from guide dogs) from Council cemeteries;

·                      there was an increasing problem of road vehicles entering cemeteries and damaging footways and access to grave areas.  Removable bollards placed there as deterrents were being damaged or removed therefore the Council was now proposing to install stronger permanent bollards.  Mobility scooters, wheelchairs etc. would still be able to negotiate these bollards and gain access to the cemeteries;

·                      to meet the increasing demand for memorial benches in cemeteries and therefore avoid an excessive number being provided the Council was now purchasing benches and placing them in cemeteries, this ensured that all benches were of the same standard and quality.  Families could however purchase memorial plaques, which the Council would source on their behalf, and have these placed on benches in memory of their loves ones.

Responding to Members’ questions the Lead Member and officers advised that:-

·                      items placed on the area of a grave designated for a plinth would be accepted as long as they were in-keeping with the purpose of the cemetery;

·                      a reasonable ‘period of grace’ would be permitted with respect of acceptable memorabilia with a view to respecting the family’s ‘grieving’ period;

·                      the Council regularly corresponded with funeral directors with respect to its rules relating to ‘lawned cemeteries’ and did ask them to highlight these rules to families when arranging funerals;

·                      if following the six month notice period embellishments were still in place on the area of a grave the Council would use its enforcement powers and remove them.  If subsequently other memorabilia was placed there these would also be removed, until such time as the rules were complied with.

Members fully supported, what they viewed to be an extremely sensible approach, to all matters detailed in the report relating to the appearance, maintenance and upkeep of the Council’s lawned cemeteries and the proposals to stringently enforce the Cemetery Rules.  Following an in-depth discussion it was:-

RESOLVED – subject to the above observations to endorse:

(i)      the measures being proposed to improve compliance with cemetery rules:-

(ii)      the operational controls that were now in place relating to the use of memorial benches;

(iii)       the need for legally enforceable Dog Control Orders in Conucil cemeteries, noting that there would be a further consultation on this proposed scheme later in the year; and

(iv)       that, prior to the implementation of the above, correspondence be sent to related parties stating clearly the Council’s approach, and that a statement be issued to the press and media detailing the Council’s approach and the rationale behind it.