Agenda Item
Special Meeting of Fife Council
25th June, 2009
Extension to Ferryport-on-Craig Cemetery, Tayport
Joint report by
Ken Gourlay, Head of Asset & Facilities Management and Michael Enston, Executive
Director (Performance & Organisational Support)
Purpose
The purpose of this report is to seek a determination by the Council that the Council should
purchase land for additional burial facilities at Ferryport-on-Craig cemetery in Tayport.
Recommendation(s)

It is recommended the Council determine that the land identified in this report should be
acquired by the Council to provide additional burial facilities on land adjoining the
existing Ferryport-on-Craig cemetery in Tayport.
Resource Implications
In the event of the Council deciding to acquire the land in question, it is estimated that the
market value of the land is £7,500.
Legal & Risk Implications
It is not considered that there are any significant legal or risk implications.
Policy & Impact Assessment
If an extension to the cemetery is not provided, it will not be possible to meet the wishes of
the residents in Tayport and surrounding area who wish to be interred in the cemetery.
Consultation
A copy of this report has been sent to the local members for their consideration.
-2–
1.0
Background
1.1
Many of the lairs within Ferryport-on-Craig cemetery (“the cemetery”) are now
occupied and the cemetery is rapidly approaching full capacity. The Council has
recently bought back unused lairs and has placed restrictions on the sale of lairs. If
no additional burial facilities close to the cemetery are provided, it will not be possible
to meet the wishes of those individuals who would like to be interred within the
cemetery.
1.2
Because the cemetery is nearing its maximum capacity, it is proposed that an area of
land extending to 8,460 square metres situated immediately to the west of the
cemetery be acquired for the purpose of forming an extension to the cemetery. This
land is shown hatched on the attached plan and, being contiguous to the cemetery, is
suitable and convenient for use as a burial ground. The land is expected to provide
space for approximately 700 additional lairs. The area in question is presently arable
land and belongs to R.&R. Lamont of Scotscraig, Tayport, Fife, DD6 9PA.
Negotiations over the last eight years to acquire this land have not, to date, resulted
in terms being agreed between the Council and the landowner.
2.0
Issues and Options
2.1
The Council is unable to acquire land for the use as a cemetery unless it follows the
procedure set out in the Burial Grounds (Scotland) Act 1855. Section 9 of this Act
requires that a special meeting of the Council must be convened to determine
whether a burial ground should be provided.
2.2
In 1990, a District Council attempted to acquire land for a cemetery without holding a
special meeting of the Council. This decision was successfully challenged by the
landowner in a case which was decided in the Court of Session. In this case, the
Lord President of the Court of Session stated:“This is not a result which I regard as satisfactory, since it seems to me that the
procedural problems which have arisen in this case show very clearly that the 1855
Act is in need of reform. It lays down a procedure for the obtaining of a resolution by
the District Council that a burial ground shall be provided which is out of touch with
the way in which local authorities in modern practice conduct their affairs.”
2.3
Unfortunately, notwithstanding the comments of the Lord President quoted above, the
procedure for acquiring land for use as cemeteries is still regulated by the 1855 Act
which has not been reformed.
2.4
The Act also requires that if the Council determines to acquire land for use as a burial
ground, then the Council must petition the Sheriff Court requesting that the Sheriff
designate the land in question as being suitable for use as a burial ground. The
Council’s petition must be intimated to the owner of the land. If, following
consideration of the petition, the Sheriff decides that the land should be designated
as a cemetery, the Council will be entitled to proceed to purchase the land.
3.0
Conclusion
-33.1
The Council is asked to determine that the land detailed in this report should be
acquired to provide additional burial facilities for the existing Ferryport-on-Craig
cemetery in Tayport.
Contact details
Jane Ferguson, Legal Team Leader (Conveyancing and Contracts), Performance and
Organisational Support, Fife House, North Street, Glenrothes, KY7 5LT – Tel. 08451 555555
(Ext. 442216) – email: jane.ferguson@fife.gov.uk.