Low environmental risk cemeteries: exemption conditions
The conditions that new cemetery developments, or new extensions of a cemetery, can operate under without needing an environmental permit.
Applies to England
Overview
If you can meet all the exemption conditions in this guidance, you will not need an environmental permit to operate:
- a new cemetery which received planning permission on or after 2 October 2023
- a new extension to a cemetery which received planning permission on or after 2 October 2023
The conditions:
- are set out in The Environmental Permitting (England and Wales) (Amendment) (England) Regulations 2023
- will be consolidated into the Environmental Permitting Regulations (England and Wales) 2016
You must apply for an environmental permit if your new cemetery cannot meet all the conditions in this guidance. Check the permitting requirements for new cemeteries.
If your cemetery was already operating before 2 October 2023, it is an ‘existing’ cemetery. Most existing cemeteries do not need a permit. But check the permitting requirements for existing cemeteries.
You should employ a competent environmental consultant to advise you on the technical detail of these conditions. For example, to investigate groundwater levels at your cemetery.
If your new cemetery can meet the exemption conditions, you will need to send relevant information to prove this as part of your planning application.
1. A burial or any activity relating to burials must not cause pollution of surface water or groundwater
This includes:
- not being harmful to human health or the quality of water-dependent ecosystems
- not resulting in damage to material property
- not interfering with amenities or other legitimate uses of the environment
2. A burial must not be within 10 metres of any field drain or dry ditch
Field drains can mean:
- a ditch or open land drain that receives surface water run-off from surrounding land
- buried pipes or gravel-filled channels which are used to drain surface water from fields by gravity
Buried pipes are often used on agricultural land and are usually installed about 700mm below the surface of the soil. But depths can vary depending on local field conditions. There must be 10 metres between grave plots and field drains. This prevents:
- field drains connecting to grave plots
- field drains becoming a pathway for pollutants that come from human burials
You can use very shallow drainage systems (for example, up to 300mm below ground level) for surface water management closer than 10 metres from burials. But they must only drain uncontaminated surface water.
A dry ditch is a ditch that:
- receives surface water run-off from surrounding land
- usually runs dry for most or part of the year
3. There must be at least 1 metre clearance between the base of a grave and the top of the water table
You must make sure that you can meet this condition at all times of the year, including when groundwater levels are seasonally high. For example, after winter rainfall.
For information on groundwater levels at your cemetery, you can:
- use the Hydrology Data Explorer to find groundwater level data close to your site
- investigate the groundwater levels at your site using intrusive methods, such as boreholes
You should employ a competent environmental consultant to investigate groundwater levels.
You will need information such as groundwater levels to support your planning application. For the detail you will need to provide, see the section on ‘information to support planning applications’ in the guidance on protecting groundwater from human burials.
4. A burial must not be undertaken directly into groundwater
You must not use a burial plot if there is either:
- groundwater present in the base of a grave
- a continued input of groundwater into the grave
You must also make sure you can meet condition 3 if the groundwater is very shallow.
This condition does not prevent you using a grave if:
- water from rainfall has entered the grave
- perched water has entered the grave from surrounding soils, but there is not a continued flow of water into the grave
In these 2 cases, you should remove the water before using the grave.
5. A grave must not be dug in unaltered or unweathered bedrock
Bedrock or bedrock geology is the hard, solid rock found beneath the soil. For example, sandstone or limestone.
Your new cemetery or new extension must not have grave plots that are dug directly into the bedrock (meaning beneath the soil zone).
You can bury into bedrock that has been weathered to form a soil. For example, sandstone that has weathered to sand.
6. A grave must not be dug in an area that’s likely to be affected by groundwater flooding
Flooding from groundwater can happen when the water table rises above the land surface. Lead local flood authorities (the unitary or county council) are responsible for managing the risk of flooding from groundwater.
To find out if your new cemetery is in an area that’s likely to be affected by groundwater flooding, you can:
- contact the lead local flood authority for information on groundwater flooding at your site
- use the Hydrology Data Explorer to find information on groundwater levels close to your cemetery
- investigate the groundwater levels at your site using intrusive methods, such as boreholes
7. A burial must not be within 30 metres of any spring or watercourse
This is to reduce the risk of water pollution.
If a spring supplies water for domestic drinking or food production purposes, you must also meet conditions 10 and 11.
8. A burial must not be in or within 50 metres of a protected site, and must not be in an ancient woodland
Protected sites include:
- special areas of conservation
- special protection areas
- Ramsar sites
- biological sites of special scientific interest (SSSIs)
- local nature reserves
An ancient woodland is an area that has been wooded continuously since at least the year 1600.
How to check the locations of protected sites
You can use Magic map to check the locations of these sites.
- Search for the discharge site location.
- In the table of contents, open ‘Designations’, then ‘Land-Based Designations’, then ‘Statutory’. Select ‘Sites of Special Scientific Interest (England)’, ‘Special Protection Areas (England)’, ‘Special Areas of Conservation (England)’, ‘Local Nature Reserves (England)’, and ‘Ramsar Sites (England)’.
- In the table of contents, open ‘Habitats and Species’, then ‘Habitats’, then ‘Woodland’ option. Select ‘Ancient Woodland (England)’.
- To measure the distance from the discharge site to any protected sites, select the ‘Measure’ tool from the menu then use the ‘Distance’ option.
- To find out if a site is a biological SSSI, select the ‘Identify’ tool from the menu, then select the protected site on the map. Open the site detail link to read the description.
If you cannot use Magic map, contact the Environment Agency to request a nature and heritage conservation screening.
9. There must not be more than 2,500 burials per hectare, in proportion to the total area of the new cemetery or extension
The number of burials at a cemetery per hectare of land is often called the burial density of the cemetery.
The burial density of your new cemetery or new extension must not be greater than 2,500 burials per hectare of land. If your cemetery is smaller than 1 hectare (10,000 square metres), you must have proportionately fewer burials at your cemetery.
For example, if your cemetery is 0.5 hectares (5,000 square metres), you must not have more than 1,250 burials.
10. The new cemetery or extension must not be in a groundwater source protection zone 1
Source protection zones (SPZs) are used to define areas close to drinking water sources where the risk associated with groundwater contamination is greatest. There are 3 zones:
- inner zone – SPZ1
- outer zone – SPZ2
- total catchment – SPZ3
To prevent groundwater pollution you must check if your new cemetery is in a groundwater SPZ1.
A groundwater SPZ1 can be the area around a commercial water supply used for drinking water or food production. To check if your cemetery is in the inner zone (zone 1) you can either:
- use Magic map – search for your cemetery location, then select ‘Source Protection Zones merged (England)’ from the non-statutory land-based designations in the table of contents
- contact the Environment Agency to request a nature and heritage conservation screening if you cannot use Magic map
A groundwater SPZ1 is also any area within 50 metres of a private groundwater supply for human consumption or food production. Ask the owners of land next to your site if they have a private groundwater drinking supply. If so, ask how far their spring, well or borehole is from your cemetery.
11. The new cemetery or extension must not be within 250 metres of any well, spring or borehole used to supply water for domestic drinking or food production purposes
This is to protect the people and businesses who use groundwater as a source of water for those purposes.
To check if your cemetery can meet this condition, you can:
- use Magic map to check for SPZs, which may indicate the presence of public water supply sources nearby
- contact the local council to see if they have a record of any private water supplies close to your cemetery
- ask the owners of the land next to the cemetery if they have a groundwater supply used for these purposes within 250 metres of it
12. Burial numbers
The number of burials that take place at a cemetery per year is called the burial rate. You must limit the burial rate in certain environmental settings to protect the quality of groundwater where it is used as a resource.
The Environment Agency classifies rocks and soils into the following aquifer types (or designations) based on groundwater resource potential:
- principal aquifer
- secondary A aquifer
- secondary B aquifer
- secondary undifferentiated aquifer
- unproductive strata
You can find the definition of these aquifer designations in section 6 of the guidance on protecting groundwater and preventing groundwater pollution.
Soils and rocks can be split into 2 categories.
Superficial deposits. These are soil deposits that have been laid down over time by the action of features such as rivers or glaciers. For example, sands and gravels. They are sometimes called ‘drift’ deposits. If present, they are found above bedrock.
Bedrock geology. This is hard rock which can be present at the ground surface, or beneath superficial deposits. For example, sandstone or limestone.
Both superficial deposits and bedrock geology have aquifer designations.
You can find the aquifer designations of the superficial deposits and bedrock geology at your cemetery using Magic map. Search your cemetery location, then select ‘Aquifer Designation Map (Bedrock) (England)’ or ‘Aquifer Designation Map (Superficial Drift) (England)’ under ‘Landscape’ and ‘Geology and Soils’ in the table of contents.
For condition 12, you must meet the following burial rate limits, based on the aquifer designations at your new cemetery.
12.1 Entirely on unproductive strata
No burial rate applies to this designation.
12.2 Entirely on a secondary B aquifer or secondary undifferentiated aquifer
You must have fewer than 100 burials per year.
12.3 Entirely on a secondary A aquifer
You must have fewer than 50 burials per year.
12.4 Entirely on a principal aquifer and not in an SPZ2
You must have fewer than 30 burials per year.
12.5 If your new cemetery or new extension is on more than one aquifer designation
You must comply with condition 13.
Where the aquifer designation of superficial deposits differs from the underlying bedrock
You must use the aquifer designation with a lower burial rate.
For example, if superficial deposits are classified as unproductive strata, but bedrock geology is classified as a principal aquifer, your cemetery must have less than 30 burials each year to meet this exemption condition.
If the burial rate at your cemetery will go above the limits in condition 12, you cannot meet the exemption conditions and must apply for an environmental permit .
13. Cemeteries on strata with different aquifer types
Your proposed new cemetery or new extension may be in an area where the underlying rock types have more than one aquifer designation.
In this case, the burial rates in condition 12 apply to the area of the cemetery on that aquifer.
For example, where your cemetery is partly on a principal aquifer and partly on a secondary A aquifer, your burial rate will be:
- fewer than 30 burials per year in the part of your cemetery on a principal aquifer
- fewer than 50 burials per year in the part of your cemetery on a secondary A aquifer
14. The cemetery must not need ongoing active control measures in place to protect the environment
Active control measures include actions such as:
- dewatering groundwater to reduce groundwater levels, for example, to comply with condition 3
- regular groundwater sampling to monitor impacts on groundwater quality
Very shallow drainage systems or similar surface water management methods are unlikely to be considered active control measures. But they must only drain uncontaminated surface water.
If you cannot meet all the exemption conditions
You must get an environmental permit to operate your new cemetery or new extension.
Enforcement
If your cemetery causes pollution you are committing an offence. The Environment Agency will give you advice to help you fix the problem. If your cemetery continues to cause pollution the Environment Agency may take enforcement action against you.