Council's threat to destroy graves

Tunbridge Wells Borough Council did not have the information requested.

Dear Tunbridge Wells Borough Council,

My FoI request seeks my own information, which I will be able to add to that being sought in a separate FoI request by EM Agnew. His FoI request is entitled, 'Is the public cemetery development proposal unlawful - ??'

Regarding the legal notice displayed at the Benham Mill Road Cemetery from the 28th March 2019, referring to the Disused Burial Grounds (Amendment) Act 1981 and proposal to develop a defined area for residential dwellings, please provide the following information:-

the day, month and year when the relevant part of the cemetery was legally deconsecrated, along with sufficient evidence proving deconsecration by the Church of England;

a small scale plan clearly showing, (a) the whole cemetery, (b) the deconsecrated section and (c) the area intended for residential dwellings, showing each and every grave within that area;

the number of graves which contain the named persons, connected with the above legal notice, assuming that there will be more than one person in each grave;

the number of additional graves, if any, which have been used at any time;

The number of additional graves, if any, which have never been used.

Yours faithfully,

Teresa Evans

info (TWBC), Tunbridge Wells Borough Council

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FOI (TWBC), Tunbridge Wells Borough Council

3 Attachments

Dear Ms Evans,  

Acknowledgement

Our Ref: FOI F08042

Thank you for your recent email which we are handling in accordance with
the Freedom of Information Act 2000. I acknowledge receipt and confirm
that we will respond within 20 working days from the date of receipt; by
no later than the 11^th July 2019

In the meantime, if you have any further queries regarding our Freedom of
Information procedures please contact the team on 01892 554077 or via
e-mail to [1][email address].

Yours sincerely

 

 

 

Jessica Cox LLB

Corporate Governance Assistant

 

T: 01892 554077 ext: 4077

E: [2][email address]

Town Hall, Royal Tunbridge Wells, Kent, TN1 1RS

 

[3]www.tunbridgewells.gov.uk   

 

 

 

This e-mail is confidential and intended solely for the use of the individual to whom it is addressed. Any views or opinions presented are solely those of the author and do not necessarily represent those of Tunbridge Wells Borough Council. If you are not the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination, forwarding, printing or copying of this e-mail is strictly prohibited.

If you have received this e-mail in error please notify Tunbridge Wells Borough Council on telephone +44 (0)1892 526121 or e-mail to [Tunbridge Wells Borough Council request email].

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FOI (TWBC), Tunbridge Wells Borough Council

5 Attachments

Dear Ms Evans,

Re: FOI F08042

Thank you for your Freedom of Information request.

Please find below and attached the response to your recent request. The
information has been provided by our Property Team.

Your request: Regarding the legal notice displayed at the Benham Mill Road
Cemetery from the 28th March 2019, referring to the Disused Burial Grounds
(Amendment) Act 1981 and proposal to develop a defined area for
residential dwellings, please provide the following information:-

 

the day, month and year when the relevant part of the cemetery was legally
deconsecrated, along with sufficient evidence proving deconsecration by
the Church of England;

 

Please refer to the attached correspondence. I can confirm that any
further information should be obtained from the Diocese.

 

Please note that this document has been redacted in accordance with
Section 40(2) of the Freedom of Information Act as detailed below.

 

We consider that signatures and personal contact details constitute
personal data as set out in the Data Protection Act 2018 and is exempt
from disclosure under Section 40 (2) ‘Data Protection’ of the Freedom of
Information Act (2000).

 

Section 40(2) of the FOIA states that information is exempt from
disclosure if it constitutes the personal data of a third party and its
disclosure under the FOIA would breach any of the data protection
principles under the Data Protection Act. We consider that the data
protection principle which would be contravened by disclosing the
information would be the first data principle that ‘personal data shall be
processed lawfully, fairly and in a transparent manner in relation to the
data subject’.

 

In assessing whether disclosure of the information would be lawful, we
have to consider whether processing personal data in response to your
request meets a condition under Article 6 of the General Data Protection
Regulations. We consider that the most appropriate condition would be
‘processing is necessary for the purposes of the legitimate interests
pursued by the controller or by a third party except where such interests
are overridden by the interests or fundamental rights and freedoms of the
data subject which require protection of personal data.

 

The Council recognises that you have an interest in the disclosure of the
information, however we consider that disclosure of the information would
be unfair to the third parties concerned and would breach the first data
protection principle. In assessing fairness, we have considered the
reasonable expectations of the third parties, the nature of those
expectations and the consequences of disclosure. If we were to disclose
this information we would be processing the data in a way which was not
intended by the third parties concerned.

 

 

a small scale plan clearly showing, (a) the whole cemetery, (b) the
deconsecrated section and (c) the area intended for residential dwellings,
showing each and every grave within that area;

 

Please refer to (a) the attached title plan; (b) attached correspondence;
(c) I can confirm that this is already in the public domain as part of the
notice procedure.

 

the number of graves which contain the named persons, connected with the
above legal notice, assuming that there will be more than one person in
each grave;

 

I can confirm that this information is already in the public domain as
part of the notice procedure.

 

the number of additional graves, if any, which have been used at any time;

 

Please provide clarification for the area to which this question pertains
to – the cemetery as a whole or the depot area. Once we have received this
clarification we will process this question further.  

 

The number of additional graves, if any, which have never been used.

 

As above.

 

I hope this information is helpful and if there is anything further I can
help with please contact me on 01892 554077 or via email to
[1][email address

If you are dissatisfied with the information provided or the way in which
we have dealt with your request, you can request a review.   Please write
to Patricia Narebor, Head of Legal Partnership and Monitoring Officer at
the Town Hall, Royal Tunbridge Wells, Kent, TN1 1RS or via e-mail to
[2][email address]  requesting a review of the
decision.

We will aim to deal with your request within 20 working days. If you
remain dissatisfied following our review, you can then appeal to the
Information Commissioner.

 

Yours sincerely

 

 

 

Katherine Reynolds

Corporate Governance Assistant

 

T: 01892 554478

E: [3][email address]

Town Hall, Royal Tunbridge Wells, Kent, TN1 1RS

 

[4]www.tunbridgewells.gov.uk   

 

 

 

This e-mail is confidential and intended solely for the use of the individual to whom it is addressed. Any views or opinions presented are solely those of the author and do not necessarily represent those of Tunbridge Wells Borough Council. If you are not the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination, forwarding, printing or copying of this e-mail is strictly prohibited.

If you have received this e-mail in error please notify Tunbridge Wells Borough Council on telephone +44 (0)1892 526121 or e-mail to [Tunbridge Wells Borough Council request email].

References

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Dear Katherine Reynolds,

Thank you for providing consecration dates and a plan of part of the consecrated area. Those details also show, that what appears to be an unlawful "development" proposal, traces back to at least 2008.

My request was for:-
"the day, month and year when the relevant part of the cemetery was legally deconsecrated, along with sufficient evidence proving deconsecration by the Church of England".

Please provide that information unless the relevant part of the cemetery was never deconsecrated.

By "relevant part" I refer to the proposed "development" area.

My request was because of this statement:-

"Consecrated graves at the development site became general land following a deconsecration in 1960", (Luke May, 28.03.2019, 'Baby among 15 people whose graves will be dug up at Tunbridge Wells Cemetery', Kentonline)

I requested, "a small scale plan clearly showing, (a) the whole cemetery, (b) the deconsecrated section and (c) the area intended for residential dwellings, showing each and every grave within that area".

For reasons of health, I cannot travel to Tunbridge Wells to study information in the public domain. However, please confirm in connection with (b), that the public has been able to examine, "a small scale plan clearly showing ... the deconsecrated section".

I have been asked to clarify my request for:-

"the number of additional graves, if any, which have been used at any time".

A definitive number of names has been listed with burial dates. However, as I do not know if each is buried in a separate grave, (which seems highly unlikely in view of the cultural background), and I do not know the total number of graves that would be destroyed, by what appears to be an unlawful "development" proposal, my question is intended to ascertain the number of other graves set out on a plan which "have been used" and contain bodies but for which there are no records.

I have been asked to clarify my request for:-

The number of additional graves, if any, which have never been used.

A definitive number of names have been listed with burial dates. However, as I do not know if each is buried in a separate grave, (which seems highly unlikely in view of the cultural background), and I do not know the total number of graves that would be destroyed, by what appears to be an unlawful "development" proposal, my question is intended to ascertain the number of any additional grave spaces which records prove "have never been used".

Yours sincerely,

Teresa Evans.

FOI (TWBC), Tunbridge Wells Borough Council

3 Attachments

Dear Ms Evans,

 

Thank you for your recent email regarding the response to your Freedom of
Information request.

 

I can confirm that your additional query has been passed to the Council’s
legal team, unfortunately, the member of staff dealing with this matter is
currently on leave until Tuesday 27th August 2019.

 

I can confirm that a response will be provided on their return.

 

Yours sincerely

 

 

 

Jessica Cox LLB

Corporate Governance Assistant

 

T: 01892 554077 ext: 4077

E: [1][email address]

Town Hall, Royal Tunbridge Wells, Kent, TN1 1RS

 

[2]www.tunbridgewells.gov.uk   

 

 

 

This e-mail is confidential and intended solely for the use of the individual to whom it is addressed. Any views or opinions presented are solely those of the author and do not necessarily represent those of Tunbridge Wells Borough Council. If you are not the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination, forwarding, printing or copying of this e-mail is strictly prohibited.

If you have received this e-mail in error please notify Tunbridge Wells Borough Council on telephone +44 (0)1892 526121 or e-mail to [Tunbridge Wells Borough Council request email].

References

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2. http://www.tunbridgewells.gov.uk/

FOI (TWBC), Tunbridge Wells Borough Council

5 Attachments

Dear Ms Evans,

Re: FOI F08042

Thank you for your email dated the 13^th August 2019 regarding your
Freedom of Information request.

Please find below and attached the response to your recent request. The
information has been provided by our Property and Estates Team.

Your request:

My request was for:-

 

"the day, month and year when the relevant part of the cemetery was
legally deconsecrated, along with sufficient evidence proving
deconsecration by the Church of England".

 

Please see the attached correspondence and plan showing the development
land is not consecrated. Any further information should be acquired from
the Church of England.

 

Please provide that information unless the relevant part of the cemetery
was never deconsecrated.

 

By "relevant part" I refer to the proposed "development" area.

 

My request was because of this statement:-

 

"Consecrated graves at the development site became general land following
a deconsecration in 1960", (Luke May, 28.03.2019, 'Baby among 15 people
whose graves will be dug up at Tunbridge Wells Cemetery', Kentonline)

 

I requested,  "a small scale plan clearly showing, (a) the whole cemetery,
(b) the deconsecrated section and (c) the area intended for residential
dwellings, showing each and every grave within that area".

 

For reasons of health, I cannot travel to Tunbridge Wells to study
information in the public domain. However, please confirm in connection
with (b), that the public has been able to examine, "a small scale plan
clearly showing ... the deconsecrated section".

 

The Plan with the relevant information to the proposed site has been
available for public inspection. Please see the attached plan received
from the Church of England and the annotate plan listing the graves and
their location so far as we are aware..

 

I have been asked to clarify my request for:-

 

"the number of additional graves, if any, which have been used at any
time".

 

A definitive number of names has been listed with burial dates. However,
as I do not know if each is buried in a separate grave, (which seems
highly unlikely in view of the cultural background), and I do not know the
total number of graves that would be destroyed, by what appears to be an
unlawful "development" proposal, my question is intended to ascertain the
number of other graves set out on a plan which "have been used" and
contain bodies but for which there are no records.

 

The plans and documents within the public domain as part of the process
lists the number of graves in the development area. We attach an annotated
plan which provides the references for each grave so far as we are aware.

 

I have been asked to clarify my request for:-

 

The number of additional graves, if any, which have never been used.

 

A definitive number of names have been listed with burial dates. However,
as I do not know if each is buried in a separate grave, (which seems
highly unlikely in view of the cultural background), and I do not know the
total number of graves that would be destroyed, by what appears to be an
unlawful "development" proposal, my question is intended to ascertain the
number of any additional grave spaces which records prove "have never been
used".

 

Please see the attached plan.

 

 

I hope this information is helpful and if there is anything further I can
help with please contact me on 01892 554077 or via email to
[1][email address

If you are dissatisfied with the information provided or the way in which
we have dealt with your request, you can request a review.   Please write
to Patricia Narebor, Head of Legal Partnership and Monitoring Officer at
the Town Hall, Royal Tunbridge Wells, Kent, TN1 1RS or via e-mail to
[2][email address]  requesting a review of the
decision.

We will aim to deal with your request within 20 working days. If you
remain dissatisfied following our review, you can then appeal to the
Information Commissioner.

Yours sincerely

 

 

 

Jessica Cox LLB

Corporate Governance Assistant

 

T: 01892 554077 ext: 4077

E: [3][email address]

Town Hall, Royal Tunbridge Wells, Kent, TN1 1RS

 

[4]www.tunbridgewells.gov.uk   

 

 

 

This e-mail is confidential and intended solely for the use of the individual to whom it is addressed. Any views or opinions presented are solely those of the author and do not necessarily represent those of Tunbridge Wells Borough Council. If you are not the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination, forwarding, printing or copying of this e-mail is strictly prohibited.

If you have received this e-mail in error please notify Tunbridge Wells Borough Council on telephone +44 (0)1892 526121 or e-mail to [Tunbridge Wells Borough Council request email].

References

Visible links
1. mailto:[email address]
2. mailto:[email address]
3. mailto:[email address]
4. http://www.tunbridgewells.gov.uk/