A crem is a crem is a crem?

Section 2 of the Cremation Act 1902 provides that ‘The expression “crematorium” shall mean any building fitted with appliances for the purpose of burning human remains, and shall include everything incidental or ancillary thereto’. Section 5 of the Act generally prohibits siting a crematorium within 200 yards of dwelling houses and within 50 yards of a public highway (“the radius clause”).

In Wathen-Fayed v Secretary of State for Housing, Communities and Local Government [2025] UKSC 32, Horizon Cremation Ltd had sought to develop a crematorium in an open field in the Metropolitan Green Belt. The proposed development included a ceremony hall, memorial areas, a garden of remembrance and associated parking and infrastructure. Horizon made it clear that there would be no disposal or scattering of ashes on the site, but it contemplated storing ashes in the memorial gardens in suitably designed receptacles. Tandridge District Council refused the application, but planning permission was granted after an appeal to an inspector appointed by the Secretary of State [6-8]. Continue reading →