Q&As

Do you need planning permission to use land which is privately owned and currently used as woodland, as a burial ground for human ashes?

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Published on LexisPSL on 15/11/2018

The following Planning Q&A provides comprehensive and up to date legal information covering:

  • Do you need planning permission to use land which is privately owned and currently used as woodland, as a burial ground for human ashes?

The making of 'any material change in the use of any buildings or other land’ is ‘development’ for the purposes of section 55 of the Town and Country Planning Act 1990 (TCPA 1990). Planning permission is required for development, so it is always necessary to consider whether a change of use of land is material and therefore constitutes ‘development’. For further information on material changes of use, see Practice Note: Material change of use.

Whether the change of use from a woodland to a burial ground would constitute a ‘material change of use’ is a question of fact and degree, and would depend on factors such as the size

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