The Ministry of Justice have recently provided an update to guidance relating to the siting and planning of crematoria following a Supreme Court ruling in July. Please see the following text sent directly from them for ICCM members to consider:
‘We are writing to update you on a piece of guidance relating to the building of crematoria entitled ‘The Siting and Planning of Crematoria’ (attached) which was issued in 1978 by the then Department of the Environment (the “1978 Guidance”).
Section 5 of the Cremation Act 1902 (the “1902 Act”) states that “No crematorium shall be constructed nearer to any dwelling-house than two hundred yards […] nor within fifty yards of any public highway.” “Crematorium” is defined in section 2 of the 1902 Act as “any building fitted with appliances for the purpose of burning human remains, and […] everything incidental or ancillary thereto.” Paragraph 18 of the 1978 Guidance stated that “the crematorium buildings, chapels and parts of the grounds used for the disposal of ashes come within this definition”.
On 30 July 2025 the Supreme Court ruled that “crematorium”, for the purposes of section 5 of the 1902 Act, refers only to the buildings involved in the burning of human remains (i.e. the crematory), and does not apply to memorial gardens used for storage or disposal of ashes. More details on the Supreme Court’s ruling can be found here: Wathen-Fayed (Appellant) v Secretary of State for Housing, Communities and Local Government (Respondents) – UK Supreme Court.
We are therefore writing to let you know that paragraph 18 of the 1978 Guidance is incorrect and should not be used.
1978 Guidance on the Siting and Planning of Crematoria
Please note that the department is also awaiting the outcome of the Law Commission’s project on Burial and Cremation and will consider any legislative updates in the light of its findings.
Should you wish to build a crematorium, we advise you to obtain independent legal advice if you have any concerns about the site of a crematorium.’
The ICCM have sought further clarification as to whether the ‘crematory’ also extends to the wider building in which the crematory sits which has been a point of concern historically for those planning or developing new sites. It has been confirmed that due to the Act referring to “a building fitted with appliances for the purposes of burning human remains”, this does therefore include the wider crematorium building. Members, as per the guidance, are reminded that it is again advisable to obtain independent legal advice if they have any concerns.