Common Land - Burials and the Like (Updated 30 July 2011)

Provided the owner agrees it seems that scattering a deceased ashes on common land does not require official permission, eg an application to the Planning Inspectorate under s 38 of the Common Land Act 2006. This assumes that no protected plant species, commoners' rights, etc are adversely affected.

If an urn is to be buried it likely that official sanction would be required. It was recently reported that a golfer wished his ashes to be buried on the golf course where he had regularly played. The matter was referred to the local authority as owner of the land - which was common land. Exceptionally permission was granted but it is likely a one-off matter.


In the past common land has been used as burial grounds. Numerous tumuli are ancient burial sites. It seems likely that they were constructed on what we would call "common land", ie being outside of the pale of an individual or collective Bronze Age settlements. The likely alloidal nature of tenure in those times suggests that the land such land was really free and open to all for what we would call "commoners' rights".


Three other execution or burial "arrangements" of more recent times may be given:

1. in Tudor times gibbets or gallows were placed on or near common land so that the deceased criminals could be buried on unhallowed ground, even in tumuli - the burial was made in unconsecrated ground;
2. Kennington Park was formed when Kennington Common was enclosed under the Kennington Common Inclosure Act 1852. Part of the Common was known as Gallows Common  and executions were held there, eg in the 1740s. In the early 19th Century another part of the Common became the site of St. Mark's Church (a "Waterloo" church) and a burial ground; and,
3. in the 19th Century the Great Torrington Burial Board enclosed common land to create a new burial ground