The owners of a Hertfordshire crematorium asked a London judge to quash the planning permission that a council granted to itself to build a rival facility.
Crematoria Management Limited, the owner of a recently opened crematorium in Broxbourne, near Cheshunt, argues that Welwyn Hatfield Borough Council made mistakes in law when it granted itself planning permission to build a crematorium at a council-opened cemetery in nearby Hatfield.
At a hearing at the High Court this week the company’s legal team said that the council had failed to consider the need for a “screening opinion” and also didn’t consider whether the Broxbourne facility removed the need for another crematorium.
Specifically, the claimants’ lawyers say the consideration of a screening option was necessary because the proposed new development constituted an urban development exceeding one hectare.
However, in their skeleton argument the council’s lawyers argue that the development is neither urban nor over a hectare.
“There is little guidance as to what an urban development project is” but even so the cemetery is in the green belt, the skeleton argument said. In addition, the defendants counted the removal of a car park, a colonnade and a chapel as being part of the “urban development”.
“It may be development, but it is not urban development” the council’s lawyers argue. This brings the overall size of the development down to less than a hectare.
The council also claims that the need assessment for its crematorium showed that it was “reasonably open” for the council to conclude that it was required.
The judge will give a written ruling at a later date.
Crematoria Management Limited v Welwyn Hatfield Borough Council
Planning Court 17-18 January 2018
