Heini Wathen-Fayed v Secretary of State for Levelling Up, Housing and Communities

Heini Wathen-Fayed v Secretary of State for Levelling Up, Housing and Communities

The statutory definition of 'crematorium' in section 2 of the Cremation Act 1902 does not extend to open areas such as memorial gardens; section 5 locational restrictions apply only to buildings or structures constructed for cremation purposes. The Inspector was entitled to conclude the proposed development would not contravene the Act. The Inspector correctly applied flood risk policies, considered alternative sites, and imposed appropriate conditions; no error of law or irrationality occurred.

Parties
Claimant/appellant: Mrs Heini Wathen-Fayed; Defendant/respondent: Secretary of State for Levelling Up, Housing and Communities; First Interested Party: Horizon Cremation Limited; Second Interested Party: Tandridge District Council
Jurisdiction
England and Wales
Judgment Date
22 November 2024
Procedural Posture
Statutory Review (planning Appeal) / Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Cremation Act 1902 Compliance, Green Belt Development, Flood Risk Assessment, Sequential Test, Interpretation of 'crematorium', Disposal and Storage of Ashes
Planning Law Statutory Interpretation Environmental Law Cremation Act 1902 Compliance Green Belt Development Flood Risk Assessment Sequential Test Interpretation of 'crematorium' +1 more

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Parties

Mrs Heini Wathen-Fayed

Claimant/appellant

Secretary of State for Levelling Up, Housing and Communities

Defendant/respondent

Horizon Cremation Limited

First Interested Party

Tandridge District Council

Second Interested Party

Procedural Posture

Statutory Review (planning Appeal) / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the proposed crematorium development contravenes section 5 of the Cremation Act 1902 regarding location restrictions
  2. 2 Whether the Inspector and Judge erred in statutory interpretation of 'crematorium'
  3. 3 Whether flood risk policies and sequential test were properly applied under the National Planning Policy Framework and Planning Practice Guidance

Ratio Decidendi

The statutory definition of 'crematorium' in section 2 of the Cremation Act 1902 does not extend to open areas such as memorial gardens; section 5 locational restrictions apply only to buildings or structures constructed for cremation purposes. The Inspector was entitled to conclude the proposed development would not contravene the Act. The Inspector correctly applied flood risk policies, considered alternative sites, and imposed appropriate conditions; no error of law or irrationality occurred.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed; the Inspector's decision and Judge's order are upheld.
  • No contravention of section 5 of the Cremation Act 1902 found.