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Heathrow... slight tangent - Printable Version +- BAJR Federation Archaeology (http://www.bajrfed.co.uk) +-- Forum: BAJR Federation Forums (http://www.bajrfed.co.uk/forumdisplay.php?fid=3) +--- Forum: The Site Hut (http://www.bajrfed.co.uk/forumdisplay.php?fid=7) +--- Thread: Heathrow... slight tangent (/showthread.php?tid=1347) |
Heathrow... slight tangent - ecmgardner - 17th January 2009 I know there's already a topic about the Heathrow expansion but I was really surprised to hear from an old school friend of mine that BAA are proposing to build an access road through a cemetery which from what I've read was still in use in 2003. (Her mother-in-law's buried there). I thought that under the various Burial Acts there was a living memory clause of some kind and objections of any kind killed (um... pardon the pun) the prospect of planning straight away.... but I don't really know that much about how this particular legislation impacts planning. Was wondering if one of the more knowledgeable BAJR-ites out there could clarify how it all works? Here are the details she sent me: http://www.hillingdontimes.co.uk/news/2272895.maps_show_airport_road_through_cemetery/ http://petitions.number10.gov.uk/CherryLane/#detail Heathrow... slight tangent - kevin wooldridge - 18th January 2009 I imagine that BAA will get an enabling act for the whole project which may stipulate certain conditions relevant to the burial ground. They may be required to cover the cost of relocating burials after advertising their intentions etc etc. But it is unlikely to stop the project... Heathrow... slight tangent - ecmgardner - 18th January 2009 Ahh... I see - thanks! Heathrow... slight tangent - voice of reason - 18th January 2009 Whiel dealing specically with CoE, this contains the relevant legal stuff - but basically you know that if they want to, they will find a way to. http://www.cofe.anglican.org/about/cathandchurchbuild/humanremains/humanremainsguidance.pdf - see Annexe 1 from which this is extracted Major projects â specific authorisation 91 Certain major projects may be authorised by Act of Parliament, a recent example being the Channel Tunnel Rail Link Act 1996. Procedures for dealing with human remains are contained in the relevant statute. Compulsory purchase 17 92 Where a site is the subject of compulsory purchase, development involving human remains is covered by regulations under the planning acts, which provide that, where the land consists wholly or partly of a burial ground, the land cannot be used until remains have been removed and reinterred in accordance with the prescribed procedure.The Town and Country Planning (Churches, Places of Religious Worship and Burial Grounds) Regulations 1950 require the serving of notices to personal representatives of the deceased and the denominational authority, and for publication of notices in a local newspaper. Personal representatives may then on giving notice remove the remains and monuments at the expense of the landowner; failing that, the landowner may carry out the removal and reinterment of the remains. The Regulations also contain detailed provisions as to the moving of memorials, the manner of removal, certification and record keeping. Building work â disused burial grounds 93 Under the Disused Burial Grounds Act 1884, no building1 work may take place on a disused burial ground, except for the purpose of enlarging a church.This provision was relaxed subject to certain safeguards in relation to disused burial grounds (excepting consecrated land) in the Disused Burial Grounds (Amendment) Act 1981. Disused in this context means a burial ground that has at any time been set apart for the purpose of interment and is no longer used for interments, whether or not the ground has been closed for burials. The 1981 Act provides that notices must be displayed on the land and in local newspapers giving notice of a proposal to erect a building.Where human remains have been buried within the previous fifty years, any objections from relatives or personal representatives of the deceased are fatal to the development and it may not lawfully proceed. For older burials, or where there are no objections, the prior removal and reinterment or cremation of burials must be undertaken where a building is to be erected on the burial ground, unless it appears to the Secretary of State2 that the erection of a building on such land will not involve the disturbance of any remains. In such instances, a dispensation order can be issued by the Home Office in confirmation.The Act provides for relatives or personal representatives of the deceased (or in relevant cases the Commonwealth War Graves Commission) to themselves remove and reinter or cremate the remains. Heathrow... slight tangent - BAJR Host - 18th January 2009 Lest we forget... Quote:quote:Graves destroyed by Chunnel diggers By Evening Standard (2002) "Gie's a Job.." Prof. 'Dolly' Parton Heathrow... slight tangent - Oxbeast - 20th January 2009 This was covered the other week in the Guardian: http://www.guardian.co.uk/environment/2009/jan/14/heathrow-third-runway basically, BAA have 'provided an undertaking in a letter to campaigners', which is a non-promise if ever I heard one, that they would not built a road through the cemetery, although the Dept of transport ar the Highways Authority could choose to do so. If they go around the cemetery it will mean turning it into a traffic island. |