Urban Cemetery Planning and The Con Icting Role of Local and Regional Interests

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Urban cemetery planning and the conflicting role of local and regional
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DOI: 10.1016/j.landusepol.2014.08.011

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Land Use Policy 42 (2015) 450–459

Contents lists available at ScienceDirect

Land Use Policy


journal homepage: www.elsevier.com/locate/landusepol

Urban cemetery planning and the conflicting role of local


and regional interests
G. Bennett, P.J. Davies ∗
Department of Environment and Geography, Macquarie University, NSW 2109, Australia

a r t i c l e i n f o a b s t r a c t

Article history: Strategic planning for cemeteries should be one of the easier tasks for planners. Supply and demand
Received 5 March 2014 can be estimated with some certainty. Land allocation through a zoning and assessment process should
Received in revised form 4 August 2014 be able to identify and secure appropriate locations with minimal social and environmental impact and
Accepted 11 August 2014
disruption. However the stigma of a new cemetery in a neighbourhood, irrespective of need, can be a
divisive land use issue that can result in strong resident opposition buoyed by the support of their elected
Keywords:
representatives. This paper examines past and present issues that have informed cemetery planning in
Cemetery
Sydney and, through four case studies, traces the tensions within the development assessment process
Urban planning
Development assessment
for new cemeteries at the rural–urban fringe. We conclude that regionally based planning and assess-
Regional planning ment must play the dominant role in considering this land use to balance what appears to be emotive
NIMBY community response to what is an essential activity within the urban fabric.
Crown Copyright © 2014 Published by Elsevier Ltd. All rights reserved.

Introduction opposed by contemporary society (Harvey, 2006; Gilbert, 1980;


Pattison, 1955). At a strategic level, cemetery planning could be
Cemeteries have largely been ignored by planners and are rarely at best described as an afterthought with little relationship to local
considered a critical land use (Basmajian and Coutts, 2010; Kong, demand let alone social integration.
1999). Strategic guidelines are decades old and not reflective of Demographic projections for an ageing, more culturally diverse
current burial practices (Coutts et al., 2011; Niţă et al., 2013). His- and growing population clearly point to the need to develop strate-
torically, environmental and health concerns sought to provide gic plans for burial infrastructure and policy that responds to
adequate buffers between the living and the dead (Rugg, 2000, demand (Basmajian and Coutts, 2010; Zelinsky, 1994; Pattison,
1998; Fiedler et al., 2012). The resulting pattern that persists across 1955). In Sydney, for example, an ageing population combined with
many western countries has been to relegate cemeteries and other advances in life expectancy will mean the number of people over
burial places to the urban periphery. Lower land values at the urban 65 years will double from 500,000 in 2006 to over 1 million by
fringe have made acquisition by both the public and private sector 2036, with those aged over 85 years will increase from 64,000 to
more viable (Harvey, 2006). Over time these areas have become sur- almost 200,000 respectively (NSW Department of Planning, 2008).
rounded by houses and supporting infrastructure (Basmajian and As this cohort move into their later stages of life, mortality rates
Coutts, 2010; Niţă et al., 2013; Rugg, 1998; Thomas, 1963). increase and demand for interment space will surge (Basmajian
For many cultures there has been a shift in the acceptance and and Coutts, 2010; Coutts et al., 2011; Longoria, 2014). However,
visibility of death that has meant cemeteries are less visited and planning for cemeteries seems to be overshadowed by a preoccu-
less integral to the day to day activities of society (Matthey et al., pation with the living through retirement planning and provision
2013; Jalland, 2006; Johnson, 2008; Pitte, 2004). In decades past it of aged care facilities (National Seniors Productive Ageing Centre,
has been common practice to clear, relocate or convert unused and 2012; NSW Government, 2012a).
neglected cemeteries for other purposes. However, in contraindi- For the urban planner, there are a number of factors which make
cation to their decreasing social connection, the total obliteration of establishing new cemeteries and related facilities a complex propo-
these sacred spaces has become politically undesirable and strongly sition. Some of these factors are:

• a mix of public and private interests in the ownership and man-


∗ Corresponding author. Tel.: +61 2 9850 7220; fax: +61 2 9850 6052. agement of cemeteries;
E-mail address: peter.davies@mq.edu.au (P.J. Davies). • the cost and availability of suitable land that will drive location;

http://dx.doi.org/10.1016/j.landusepol.2014.08.011
0264-8377/Crown Copyright © 2014 Published by Elsevier Ltd. All rights reserved.
G. Bennett, P.J. Davies / Land Use Policy 42 (2015) 450–459 451

• multiple and sometime conflicting laws and planning controls; 100.0


• many government agencies involved in an assessment process

Percentage of the total NSW population


90.0
and or administration; 80.0
• increasing regulatory and compliance obligations concerning the
Total Chrisan
70.0
day to day running of cemeteries; and
• community engagement around strategic and statutory planning 60.0 Anglican

for this type of land use is often fraught with opposition. 50.0 Catholic
40.0
Non-Chrisan
The interaction of these factors make land use planning for 30.0 religions
cemeteries an ideal case study to observe the intersection of No religion
20.0
strategic planning and how proposals are considered by planning
10.0
authorities given they typically represent a new land use into an
otherwise homogeneous urban or peri-urban typology. 0.0
1961 1971 1981 1991 2001 2011
This paper examines cemetery planning in Sydney. It analyses
the development assessment process and outcome of four propo- Fig. 1. Proportion of the NSW population affiliated with selected religions,
sals for new cemetery proposals at the urban fringe (Fig. 2). The 1961–2011. ABS (1961–1991, 2011d).
discussion canvasses various planning processes and issues includ-
ing the capacity of local and regional planning authorities to deal
expansion, or are controlled by various heritage planning instru-
with this infrequently considered and often contentious land use.
ments (for example, Camperdown cemetery in inner Sydney was
The paper postulates that there is a significant division between the
closed in 1868 and the remaining portions are listed under the
interests or wants of the local community in terms of their imme-
NSW Heritage Act 1977, Marrickville Local Environment Plan 2011
diate amenity and land use and the longer-term needs of society.
For many land use decisions there will be an inevitable tension and Register of the National Estate for cultural significance (NSW
Government, 2013e)). Over the years Rookwood Necropolis has
that places local planning against regional or metropolitan strategic
planning (e.g. the vertical communities as described by Tropman expanded to 286 ha and is now the largest cemetery in the south-
ern hemisphere with over one million burials (NSW Government,
et al., 2001). Such tensions are not unique to cemetery planning and
generally surround the siting of locally unwanted projects (Lesbirel, 2013c). Rookwood continues to accept almost a quarter of Syd-
ney’s interments with estimated capacity to provide sufficient
2011). For example there are many instances of local opposition
to changes in land use within or near existing residential areas. burial space to 2016. If more flexible arrangements for burials are
This may be as ‘simple’ as increasing housing density (e.g. Ruming, introduced and the on-going trend for cremations continue, burial
2014) and more controversially sex businesses (e.g. Prior and Crofts, space should last until 2026 (NSW Government, 2013c).
Most cemeteries in Sydney were originally designed and divided
2012) and intensive agriculture (e.g. Metze and Van Zuydam, 2013).
into denominational sections based on the most recent census at
What makes cemetery planning of particular interest is that society
the time of establishment. As the demographics of Sydney have
expects to have a place to bury our dead. The question is where?
changed these original land allocations, in which the Christian
faiths predominated, have not evolved to meet the needs of more
Historical and current demands for cemetery planning and recent migrant communities of different religions (Fig. 1). The pro-
provision portion of the population professing non-Christian religions has
increased, particularly since the early 1970s, however this has not
The issue of cemeteries exhausting their space is not a new sit- been reflected proportionately in the area of land available for buri-
uation either for Sydney or other cities around the world (Coutts als. In Sydney the space shortage has been felt most acutely by
et al., 2011; Hussein and Rugg, 2003; Longoria, 2014; Santarsiero the Islamic and Jewish communities with a critical shortage of
et al., 2000; Teather, 1998). In Sydney the first cemeteries were burial lands. The remaining space in 2012 was estimated to be
created within a reasonable walking distance from the town cen- 12–17 months for the Islamic community and 6–8 years for the
tre (Griffin and Tobin, 1997). In 1845 the General Cemetery Bill Jewish community leading to the state government to support the
proposed the establishment of the first public cemetery to replace last remaining portion of land available in Rookwood Necropolis
the George Street burial ground in order to build Sydney Town being allocated to these two faiths in 2012 (Keene, 2013; NSW
Hall (Murray, 2003). A series of burial grounds for various denom- Government, 2012b; Narunsky, 2012).
inations were subsequently established at Devonshire Street, now Land use planning for cemeteries has not been undertaken
the site of Central Railway Station. It was not long before the in many decades nor has it been considered within strategic
crowded and unsanitary conditions at the new cemetery, along metropolitan land use planning. The most recent strategic land
with problems at other cemeteries around the city, sparked a use planning document was a discussion paper issued in 2008
series of NSW Parliamentary debates and inquiries (Murray, 2003). by the former NSW Department of Lands (manager of the Crown
Frequent complaints about odours ‘unmistakeably suggestive of cemeteries). The discussion paper sought community feedback on
coffins’ emanating from Sydney’s cemeteries were linked to inade- various options to extend the longevity of existing cemeteries
quate drainage and poor siting of cemetery grounds (Murray, 2003). and to increase provision of new burial spaces in Sydney (NSW
By 1866 overcrowded and neglected cemeteries closed for Department of Lands, 2008b). The discussion paper stated ‘[I]f no
burials posed significant public health and safety fears for the gov- action is taken, metropolitan public cemeteries will eventually run
ernment and communities (Jalland, 2006). In an effort to solve out of burial space.’ Further the capacity was expected to be reached
Sydney’s cemetery problem a 200 ha Crown cemetery was opened by 2035 with an estimated 680,000 burial sites remaining in Syd-
in 1876 on the western outskirts, 17 km from the city centre ney across Crown, local government and private cemeteries, the
(NSW Government, 2013c). This new public cemetery, Rookwood majority of available space in private cemeteries (NSW Department
Necropolis, led to the closure of the Devonshire Street cemetery to of Lands, 2008b, p. 4). Of more than 200 cemeteries in the Syd-
new burials and the introduction of new laws to control or close ney greater metropolitan area only 70 were actively selling plots
other city cemeteries (Murray, 2003). Many of these cemeteries (NSW Department of Lands, 2008a,b). These estimates carried a
either no longer exist, having been relocated for further urban caveat as to the accuracy and completeness of cemetery records,
452 G. Bennett, P.J. Davies / Land Use Policy 42 (2015) 450–459

with limited data available for many public cemeteries (operated decision-making authorities can increase the effectiveness of com-
by state or local government) and those managed by the private munity lobbying to ensure that it does not occur in their backyard.
sector, a problem common to many jurisdictions (Coutts et al., In NSW, new cemeteries and crematoria are now permissible
2011). Despite this discussion paper no strategic plan has emerged, with development consent across a wider area of the state than has
although recent legislative reform of the cemetery industry, but not been the case in recent history. The simplified land use zoning sys-
cemetery planning (see section ‘Legal reform of the cemetery indus- tem established under the standard instrument (NSW Government,
try in NSW’ below), points towards an improvement in practice (yet 2013f) sets what is permissible with or without consent and what
to be realised). is prohibited. It has eliminated the capacity of councils to intro-
Within the state of NSW it is important to note that the pri- duce its own specific variations, as was the previous case that often
vate sector plays an important role in the provision of cemetery prohibited or severely restricted new cemeteries in the local gov-
and related services. This public/private mix occurs in only two ernment area. This reform however has encountered unintended
Australian jurisdictions (the other being Queensland) with the gov- controversy. In particular where a new activity is proposed and
ernment the sole provider in the other states and territories. residents and elected councillors feel this is not compatible with
‘their’ local vision. This inevitable tension between the immediate
wants, both spatial and temporal, of a local community and broader
Legal reform of the cemetery industry in NSW
strategic planning needs is one that remains an ongoing dilemma
for local and regional planners and their respective communities
In 2012 the NSW Government commenced the reform of ceme-
and other interested parties (Davies and Selmon, 2013).
tery laws that culminating in the enactment of the Cemeteries and
To highlight this tension between local wants and regional
Crematoria Act, 2013 (NSW) that commenced 1 January 2014. The
needs, four case studies involving the development assessment
objectives of the Act place a higher onus on government and the
process of new cemetery and related activities at the urban fringe of
private sector to have a strategic focus ensuring sufficient land and
Sydney are examined. The analysis focuses on the social and envi-
facilities catering for all religious and cultural groups. The objec-
ronmental issues, land use compatibility and governance structures
tives also specify that: operations of cemeteries and crematoria
around decision-making. The examples used are within one local
demonstrate satisfactory levels of accountability, transparency and
government area (LGA), Liverpool City Council, although they are
integrity; and the cost of burials and cremations are transparent
not unique. Similar issues arising from other proposals such as a
and affordable practices are available to those of limited means.
crematorium at Faulconbridge (The Carrick Group Pty Ltd v Blue
To achieve these objectives, the Act requires the establishment
Mountains City Council, 2011; Madigan, 2010), an Islamic cemetery
of the Cemeteries and Crematoria NSW Board (in effect serving as a
in the Hawkesbury region (Hawkesbury City Council, 2013) and
quasi-governmental organisation) to: assess and plan for interment
expansion of Eastern Suburbs Memorial Park at Botany (Randwick
needs; acquire land; advise the Minister; collect information (such
City Council, 2012) providing additional evidence of the tension
as burials, interment right holders and memorials); and develop
between local wants and regional planning needs.
industry codes of practice. These responsibilities pave the way for
an evidenced-based strategic plan sometime in the future. As part
of the legal reforms, the range of burial practices have expanded The cemetery planning assessment process in
with renewable rights offered for new burials for an initial term of South-Western Sydney: four case studies
25 years and maximum 99 year tenure, a notable departure from
the perpetual rights as previously existed. After tenure expiry the Liverpool LGA is located 30 km south-west of the Sydney CBD
site may be reused by reinterring the person’s remains at a greater (Fig. 2) and is identified as a future major regional city in the
depth and burying another above. Sydney Metropolitan Strategy (NSW Government, 2013a,d). The
population is expected to increase from 829,000 in 2011 to a target
of 1,298,000 by 2031, a 54 per cent increase (NSW Government,
Land use planning and cemetery planning
2013d). There are a number of suburbs within the LGA currently
defined by their rural character and supported by a rural zoning.
Within the development of the most recent metropolitan plan
They typically have larger lot sizes within which small scale agri-
for Sydney (NSW Government, 2013b) cemetery planning was
culture, hobby farms and native vegetation exist. Bringelly and
flagged as one of the few specific examples of a strategic planning
Greendale are neighbouring rural-residential suburbs within the
issue that could bring together a number of levels and agencies
Liverpool LGA, located 20 and 30 kilometres west of Liverpool
within government and the private sector. Unfortunately progress
respectively. The combined population of these suburbs in 2011
on the draft metropolitan plan has stalled as a result of the broader
was less than 3000 (ABS, 2011a,b) and is forecast to rise to 28,000
parliamentary debate on the introduction of new planning reforms
people by 2036 under the south west growth centres plan by the
to NSW (Ruming and Davies, 2014) and so the progress on ceme-
NSW Government (NSW Government, 2013d (note: Greendale is
tery planning. The recognition of the need for strategic planning for
included within the North Bringelly precinct). During 2010, Liver-
cemeteries is nevertheless heartening for the sector.
pool City Council (LCC) received applications for three cemeteries
Tackling cemetery planning as a whole of government issue
and one crematorium with a total of 91,000 burial plots and 40,000
will have its challenges and these are not unique to the Australian
ash interments (Table 1).
setting. The contention surrounding these cemetery and cremato-
rium proposals parallels that which has been experienced overseas
such as urban Asia (Kong, 2012), Bulawayo, Zimbabwe (Mpofu, Local planning law and policy and the assessment and appeal
2013), Edgware, UK (Rosen, 2009), Louisville and Tampa in the pathways
US (Wimsatt, 2013; Varian, 2013). As highlighted by the contro-
versy of sea burials in Hong Kong as discussed by Kong (2012), The Liverpool Local Environment Plan (LEP) 2008 (LCC, 2008b)
resolving who has influence, responsibility and ultimate power of is the local planning instrument that sets the land use zones
the decision can be confusing. It is likely that multiple bureaucra- and defines what is permitted with and without consent and
cies and Ministers will be involved that provides broad scope for what is prohibited (Environmental Planning and Assessment Act,
community lobbying and intervention. For those against the intro- 1979 (NSW) (EPAA) Part 3 Division 4; NSW Government, 2009).
duction of new burial locations, a divided bureaucracy and multiple Development applications (DAs) are assessed in accordance with
G. Bennett, P.J. Davies / Land Use Policy 42 (2015) 450–459 453

Fig. 2. Liverpool LGA in relation to Sydney (insert). The cemetery developments on Greendale Road, Bringelly and Greendale (below).

Table 1
Summary of cemetery and crematoria applications lodged with Liverpool City Council since 2010.

Application Proposed capacity Lodgement date of Assessment process Submissions received Outcome and date of
DA decision

Cemetery 6150 plots 4 February 2010 Council with advice 715 plus Refusal by Council
31 Greendale Road, from Liverpool IHAP 1 petition (306 17 October 2011
Bringelly [DA957/2010] signatures)
Proponent appealed to – Refusal by NSW LEC 13
the NSW LEC June 2013
Cemetery 14,490 plots 29,822 ash 22 October 2010 Sydney West Region 147 (initial application) Refusal by JRPP
41 Greendale Road, interments (total 44,321 JRPP 50 (amended 24 November 2011
Bringelly [DA394/2011; in 2 stages) application)
JRPP2011SYW067]
NSW LEC 230 (amended Approval by NSWLEC
application) 9 January 2013
Cemetery 71,000 plots (revised to 15 March 2010 Sydney West Region 216 (initial application) Deferral by JRPP
321 Greendale Road, 60,000) JRPP 41 (amended 16 July 2011
Greendale [DA1133/2010; application) Approval by JRPP
JRPP2010SYW027] 23 August 2012
Crematorium 10,000 ash interments 23 April 2010 Sydney West Region 146 across 3 exhibition Approval by JRPP 28
992 Greendale Road, JRPP periods plus April 2011
Greendale [DA1291/2010; 1 petition (>500
JRPP2010SYW030] signatures)
454 G. Bennett, P.J. Davies / Land Use Policy 42 (2015) 450–459

the EPAA (ss 78A-81) and for the most part the local council has this decision is final and binding and becomes that of the original deci-
responsibility. Depending on the capital value, type of infrastruc- sion maker.
ture or project, significance (regional or state) and its location, the
consent authority may be the Minister for Planning or other Min- The four case studies: project proposals
ister (EPAA s 4 (1)), the Planning Assessment Commission (PAC)
(EPAA s 23B), a Joint Regional Planning Panel (JRPP) (EPAA s 23 31 Greendale Road, Bringelly
G, H), or other public authority other than a council such as an This application was submitted by the NSW United Turkish
independent hearing and assessment panel (EPAA s 23J). Islamic Centre Incorporated in February 2010 for a 6150 plot ceme-
In addition to the normal assessment undertaken by coun- tery on a 10 ha site. It was assessed by the Liverpool IHAP in
cil, Liverpool city council has established two supportive internal September 2011 (LCC, 2011a) and refused by Council in October
assessment pathways: a Development Assessment Panel to ‘pro- 2011 (LCC, 2011d). The IHAP identified several aspects of the pro-
vide an additional review for certain types of development posal that they considered were sufficient grounds for refusal
applications which still have outstanding objects’ (LCC, 2013a); and including: the presence of and impact on an endangered ecological
an Independent Hearing and Assessment Panel (IHAP) to ‘provide community on the site (requiring additional consideration under
an independent hearing for objectors and applicants on certain the Threatened Species Conservation Act 1995 NSW and EPAA s 5A);
applications’ which makes recommendations to the Council for the potential impact of flooding; the size of the block (as it was
determination (LCC, 2013b). <10 ha did not comply with minimum requirement of the Liverpool
The Sydney West JRPP has responsibility for determining region- DCP); and inadequate drawings and expert reports that accompa-
ally significant development applications (including those within nied the application.
the Liverpool LGA). It acts as the relevant planning authority when The proponent appealed to the LEC against the refusal in April
appointed by the Minster for Planning and provides advice to the 2012 (LCC, 2012) and the court focused on two contentions. The
Minister for Planning or the Director-General of Planning when first related to technical matters (such as landscaping, screening
requested (EPAA Part 2A Division 2; LCC, 2013c). In three of the and flooding) that were modified during the course of the court
case studies in this paper the DA was initially assessed by the hearing although ultimately did not meet the standard required
Sydney West JRPP. This assessment pathway was a result of the cap- by the court and resulted in the appeal being dismissed. The sec-
ital investment value of the proposed projects being greater than ond issue was the community interest which was divided between
$10 million (NSW Department of Planning, 2010; Joint Regional the immediate local community represented by the Council whom
Planning Panels, 2013; LCC, 2013c). objected to the proposal and the Turkish Islamic community repre-
All development proposals were located within the RU1 Pri- sented by the applicant that supported the proposal (NSW United
mary Production zone as defined by the Liverpool LEP 2008. The Turkish Islamic Centre v Liverpool City Council, 2013, para 16). The
objectives for this zone as defined by the LEP are: to encourage merits of various arguments by the opponents to the application
sustainable, diverse and appropriate primary industry produc- were dismissed by the court with the exception of the ‘techni-
tion by maintaining and enhancing the natural resource base; cal’ issue of lack of adequate screening from adjacent properties.
and to minimise the fragmentation of resource lands and con- Within this consideration, the court also dismissed the claim that
flict between adjoining land use zones (LCC, 2008a). Cemeteries this application should be assessed alongside the other three pro-
and crematoria are permitted under the RU1 zone, with con- posals (which in the intervening period had been assessed or were
sent. A cemetery is defined as ‘a building or place used primarily under consideration) as part of an argument of a proliferation of a
for the interment of deceased persons or pets or their ashes, locally unwanted activity.
whether or not it contains an associated building for conduct-
ing memorial services’ and crematoria as ‘a building in which 41 Greendale Road, Bringelly
deceased persons or pets are cremated, whether or not it con- This application was for a natural burial cemetery on a 10 ha
tains an associated building for conducting memorial services’ (LCC, site containing 14,490 burial spaces and 29,822 ash interments
2008b). (Sydney West JRPP, 2011c). Natural burial cemeteries are char-
The planning controls for cemeteries, crematoriums and funeral acterised by their bushland settings, use of biodegradable burial
chapels are contained in the Liverpool Development Control Plan materials, limited chemical use and minimal or no grave markers
(DCP) 2008 (LCC, 2008a). A DCP is a planning instrument subordi- (NSW Department of Lands, 2008b). This burial practice repre-
nate to the LEP, is not legally binding and in practice is primarily sents an emerging trend within the funeral industry due to growing
used to provide additional details and controls to inform developers environmental awareness, increasing secularisation of society and
and the assessment process (EPAA s 74BA). The most relevant con- difficulties in maintaining traditional cemetery grounds (Clayden
trols within the Liverpool DCP for a cemetery include: minimum and Dixon, 2007). The application was assessed by the Sydney West
site area of 15 ha, excluding where groundwater is within 3 m of JRPP for determination (capital value $17 million) and was refused.
the surface; not on flood prone land; on a sealed road greater than The Panel stated”. . . that whilst there are some environmental ben-
6 m in width; 10-m setback from street and 15 m from side and rear efits of the cemetery with the retention of the remnant Cumberland
boundaries; landscaped including a 1 m high berm (for screening); Plan Woodland [an endangered ecological community listed under
adequate water supply to maintain landscaping; provision of traffic the Threatened Species Conservation Act, 1995] and minimal built
study; and a management plan for operations and perpetual care structures, the public interest, concern and unknown long-term
(LCC, 2008a, pp. 42–43). impacts upon groundwater, traffic and onsite operation aspects
Under NSW planning law, an applicant can appeal a decision of the cemetery and its financial viability outweigh any proposed
made by a planning authority to the specialist Land and Environ- mitigation measures” (Sydney West JRPP, 2011c).
ment Court (LEC) (Land and Environment Court Act, 1979 NSW). For The applicant appealed to the NSW LEC (Itaoui v Liverpool
environmental planning and protection matters, this may extend to City Council, 2013) and the court focused on two contentions:
a merits appeal against the conditional consent or refusal to grant (1) whether the development complied with the objectives and
consent (EPAA s 97). Where a matter is referred to the LEC, the site controls within the Liverpool DCP 2008; and (2) whether the
court takes the place of the original decision maker (for example development complied with the objectives of the RU1 Primary Pro-
the Council or JRPP) and re-examines the matter including minor duction zone and rural character of the area as set in the Liverpool
changes that may have been made to the application. The court’s LEP 2008. In considering if the minimum lot size (10 ha) as set by
G. Bennett, P.J. Davies / Land Use Policy 42 (2015) 450–459 455

the DCP was critical to the assessment, the court cited the prece- Cemetery at 986 Greendale Road and two other places of worship,
dent of the decision by the Sydney West JRPP for 321 Greendale providing proximity to this complementary use.
Road cemetery (Sydney West JRPP, 2012b – see case study below The assessment report prepared by the council officer for
at 3.2.3). The court felt that the numeric standard set by the DCP the Sydney West JRPP recommended conditional approval as
should not necessarily form a prescriptive criterion, particularly as the proposal was consistent with zone objectives and planning
the application at hand was based on a natural burial proposal that instruments, any environmental impacts could be mitigated with
would serve to support the rural landscape character objective of appropriate consent conditions and there would be no significant
the Liverpool DCP 2008. In regard to the protection of the rural char- adverse impacts on the community (Sydney West JRPP, 2011a). The
acter of the area as reflected by the objectives of the land use zone, JRPP approved the application in April 2011 (Sydney West JRPP,
the court found that the character was attributed more to the open- 2011d).
ness of the land and scenic quality, with large pockets of vegetation, Following the approval, LCC sought legal advice as to the
rather than strictly its agricultural capacity and that in any case the prospects of success to challenge this decision through the NSW
agricultural value of the land was low. In particular the court con- LEC. The legal advice was heard in a closed session of Council on
cluded that the proposed use as a natural burial cemetery and the 27 June 2011 and while the resolution on this matter remains
associated landscaping would preserve the bushland, wildlife cor- confidential it can be inferred that the decision not to subse-
ridors and natural habitat, noting that arguments by the Council as quently pursue court action suggests Council’s chance of success
to the sensitivity of the endangered ecological community would in an appeal was low (LCC, 2011c). In an attempt to reverse the
in any case constrain any future rural/agricultural use. As a broader decision, the State member for the electorate of Mulgoa (which
comment the court noted that ‘it is not the intention of the objec- includes the suburb of Greendale) presented a public petition
tives of the zone to retain every lot in the RU1 zone for agricultural to the Legislative Assembly of the NSW Parliament on 20 June
or primary production uses; however those non-agricultural uses 2011 ‘requesting the overturning of the JRPP decision regarding
must be compatible’ (para 55). DA-1291/2010 and the suspension of any government decisions
The Court approved the application in January 2013. regarding cemeteries, crematoria and places of worship in Green-
dale’ (NSW Parliament, 2011). The Minster for Planning responded
to the Legislative Assembly by stating that the Sydney West JRPP is
321 Greendale Road, Greendale
an independent panel that had considered public submissions and
This application, lodged in March 2010, was for a multi-
representations in its decision and conditional approval (Minister
denominational lawn cemetery of 71,000 burial plots on a 40-ha
for Planning, 2011). In effect the Minister for Planning dismissed the
site and was assessed by the Sydney West JRPP (capital invest-
petition signalling his support of regional planning and assessment
ment value $33 million). During the course of the assessment the
over local matters (noting that if it was successful it would have
proponent modified the application reducing the number of burial
captured the other three proposals that were also under various
plots from 71,000 to 60,000 and providing additional information
stages of assessment).
in relation to environmental and traffic impacts and general lay-
out (Sydney West JRPP, 2011b). In November 2012 the Sydney
West JRPP granted approval for the project. In its statement the Discussion
panel noted that the cemetery was in the public interest given the
NSW Department of Land’s predictions of regional burial capacity These case studies bring into focus four issues that are rele-
shortages (Sydney West JRPP, 2012c). The panel also found that vant to contentious land uses, such as cemeteries: the relationship
the application was consistent with land use zone objectives, com- between local versus regional decision making; the value of stan-
patible with the rural locality and unlikely to generate negative dardised, flexible and merits based planning instruments; the
environmental or road safety impacts (Sydney West JRPP, 2012c). importance of strategic planning; and the need for social and cul-
This application was the catalyst for the Council to modify tural integration. Underlining each of these are the matters of scale
its DCP by increasing the minimum lot size for cemeteries and (temporal and spatial) and how these intersect and are influenced
crematoria from 10 to 15 ha, no doubt with the deliberate intent by the many community interests and representations (Tropman
of seeking to stop this and other cemetery proposals in the local et al., 2001).
area (LCC, 2010). The result of this change in the DCP controls
was that the council officer’s report (to the Sydney West JRPP)
Local versus regional decision making
changed from a recommendation of conditional approval (Sydney
West JRPP, 2011b) to refusal (Sydney West JRPP, 2012a). At the local
The case studies demonstrate the importance of independent
political level it would appear that the elected councillors, two of
regional planning assessment panels. These panels have the capac-
whom were also on the Sydney West JRPP, used this application
ity to move beyond local and, arguably, parochial perspectives in
to request a State Government moratorium on new cemetery and
the development assessment process. Their independence is cru-
crematoria developments in the South West Growth Centre, specif-
cial particularly where development applications become the focus
ically on Greendale Road (LCC, 2011b) and to make the Council
of elected councillors and other elected representatives in their
the determining authority, rather than the Sydney West JRPP. Both
support of their local constituents’ often parochial interests. In the
requests were denied by the Minister for Planning.
context of community engagement and participation in the deci-
sion making process, it highlights two points: the challenges in
992 Greendale Road, Greendale integrating local wants and regional needs; and how governance
This application sought approval for a crematorium and space structures consider local and regional representation in decision-
for 10,000 receptacles on a 19.5 ha site and was assessed by the Syd- making.
ney West JRPP (the capital investment value was $9.6m, Sydney NIMBY motivated positions can weigh heavily within the plan-
West JRPP, 2011a). Initially lodged in April 2010, the application ning process. This is particularly poignant within the development
was subsequently revised reducing the bulk and scale of the build- assessment process where generalities of policy and strategy are
ings and increasing the setback from Greendale Road (from 35 beginning to be realised. To counter this influence, decision-making
to 80 m) (Sydney West JRPP, 2011a). The DA was resubmitted in governance structures need to be reflective of the nature and
October 2010. The site directly adjoined the Greendale Catholic type of the development proposal and where necessary elevate or
456 G. Bennett, P.J. Davies / Land Use Policy 42 (2015) 450–459

demote the decision to the most objective authority. In the case of regulated and appears to be particularly poor with its own record
NSW, the underlying governance structures of the JRPPs is to have keeping (Coutts et al., 2011). In the most recent strategic plan for
experienced and independent professionals determine regionally Sydney, yet to be formally approved by the NSW Government, the
significant proposals alongside locally elected councillors (noting long term horizon has been set at 2031 with a particular focus
that the independent members hold the balance of voting rights – on identifying land and supporting infrastructure for new hous-
three independent and two council nominees). This is particularly ing and economic growth (NSW Government, 2013b). Unlike other
where there may be a divergence between the strategic direction of metropolitan plans in recent years cemeteries are mentioned in the
regional strategies and the wants or interests of local communities. draft strategy, described as ‘a vital element of social infrastructure’
The determining authority needs to be supported by planners (NSW Government, 2013b, pp. 34–35) and cited as an example of
familiar with both local and regional policies and planning instru- how the activity could be considered within a strategic planning
ments who are also separate from the politics of the decision. The context. However no specific detail as to spatial locations or tempo-
assessment reports by the council officers were notable for their ral demand was provided although this was listed in the draft plan
high level of understanding and appreciation of the environmen- as one of many short-term actions for the Department of Planning
tal, social and economic factors related to the proposals. Given that and Infrastructure to consider.
cemeteries are not a particularly common activity assessed by local The consideration of future cemeteries within broader
government, it may be reasonable to assume the level of expertise metropolitan planning would do well to reflect on two divergent
and capacity to provide a detailed and an industry relevant report views as to how far ahead cemeteries should be planned. Larkin
could be limited and therefore best referred to regional body with (2011) for example advocates that cemeteries should be planned
this level of specialist experience and skill (as occurs for develop- with at least an 80–100 year horizon, as was the accepted practice
ments that may impact on Sydney’s drinking water catchments, at the turn of the 19th century. This approach led to the establish-
Sydney Catchment Authority, 2011). However for these case stud- ment of many of the major and usually government run facilities
ies, this was not the case with the expertise and independence such as Rookwood Necropolis in Sydney and the City of London
shown in the council officer reports sitting in sharp contrast to the Cemetery and Crematorium (Woodthorpe, 2011). More recently
political strategies of the elected councillors seeking to challenge others, such as Coutts et al. (2011) consider this approach too
the legitimacy of the regional assessment panel with the intention open to uncertainty due to changing burial practices and suggest
to bring the applications back to council for determination, and a medium term horizon of 30 years to take into account demo-
presumably refusal. graphic, burial preferences, death practices and built environment
changes. This time step also happens to more closely align with
Standardised, flexible and merits based planning instruments typical metropolitan planning horizons suggesting a greater oppor-
tunity for integrated planning. The shorter strategic period may also
In the absence of any spatially based local or regional strategy as provide greater certainty for private sector business planning and
to where new cemeteries are to be located, flexibility in planning investment particularly for new facilities at the rural-urban fringe
controls are key to facilitate where the market (private and pub- (Collinson, 2010).
lic) can best provide this service. To some degree this can relieve From a land use planning perspective, the contemporary view
the government of responsibility for more detailed strategic plan- of the sacrosanct place a cemetery holds has made current and
ning approach particularly given that a specific acquisition or land new facilities effectively permanent fixtures in our urban landscape
identification process would no doubt be a catalyst for community (Matthey et al., 2013; Jalland, 2006; Johnson, 2008; Pitte, 2004;
opposition. Niţă et al., 2013). This has not always been the case with many
The adoption of standard land use zones across the state and major cemeteries relocated to make way for urban renewal (Gilbert,
incorporated within all local government planning instruments 1980; Harvey, 2006; Murray, 2003; Pattison, 1955; Kong, 2012).
provides the articulation for more certain land use planning deci- For the planning sector this means extra care needs to be taken
sions. In NSW the standard instrument local environment plan as to where new cemeteries are to be located to maximise posi-
(NSW Government, 2013f)) has made cemeteries and crematoria tive and minimise negative effects (Basmajian and Coutts, 2010;
permissible with consent across a number of zones that were oth- Coutts et al., 2011; Larsen and Coleman, 2010; NSW United Turkish
erwise prohibited under local provisions. This has enabled many Islamic Centre v Liverpool City Council, 2013; Sydney West JRPP,
contentious land uses to be considered under a merits based 2011b, 2012b).
assessment guided (but not dictated by) by local policy such as With many new facilities proposed at the rural–urban fringe,
development control plans (DCPs). this adds to the already contested metropolitan planning landscape
(Howard, 1902). This rural–urban fringe is important for natural
Strategic planning and the cemetery resources such as metropolitan water supply catchments, threat-
ened habitats and ecological communities and diminishing rural
As a land use Woodthorpe (2011) has suggested cemeteries are land (Bunker and Houston, 2003; NSW Government, 2010). As a
a public service. With increasing pressure on urban land cemeteries place of both social and physical infrastructure, there is a need
have spatial competition and compression pressures (Kong, 2012) to consider the placement of new cemeteries to ensure they will
and are subject to other uses, such as open space (Deering, 2010). remain suitable places for spiritual and reflective contemplation
This extends their function beyond that described by Arffmann (Wright, 2005), are accessible to the public (Francis et al., 2000), can
(2000) (health and hygiene, place for sorrow, connection with reli- accommodate what Kong (2012) describes as spatial transcendence
gious views and marking the social status for descendants), further and be adaptive to other innovative cemetery practices (Teather,
complicating how cemetery planning should fit within government 1998).
led and contemporary metropolitan planning.
Metropolitan planning is often set with a generational (20–30 Social and cultural integration
year) horizon (Searle and Bunker, 2010). In Sydney, for the large
part, metropolitan plans have ignored cemeteries. For advocates An issue tied closely to land use compatibility is how soci-
of cemetery planning, this has not been aided by the lack of reli- eties accommodate the emergence of new religions within their
able data on the supply of and demand for burial plots. In addition social structures including allocation of land and approval of
the cemetery industry (including government) has not been well certain activities. In the proposal at 31 Greendale Road public
G. Bennett, P.J. Davies / Land Use Policy 42 (2015) 450–459 457

submissions in opposition to Islamic influences were raised within of demand (current and future) and regional planning intentions.
the Christian dominated communities of Bringelly–Greendale Local community priorities seem vested in the status quo, particu-
(Australian Protectionist Party, 2010). At the 2011 Census the small larly for this land use.
Bringelly–Greendale communities identified as 74 per cent Chris- To overcome the pressures of local interests, development
tian and 4 per cent Islamic while the broader Liverpool population, assessment processes are best placed if a regionally focused and
one of the most diverse in the state, identified as 61 per cent independent panel considers proposals. Regional panels can have
Christian and 11 per cent Islamic (ABS, 2011a,b,c,d). Development significant value over locally elected councils as decision makers.
applications made by religious organisations are often controver- As evident in the case studies, elected officials placed greater value
sial, even more so if they are made by a minority or relatively new on the immediate concerns (short term and local) rather than the
religious group in that society, as was evident in a recent application broader and longer term needs of a community growing in number
by an Islamic school in south west Sydney (Bugg and Gurran, 2011). and in diversity.
With few Islamic burial grounds available in Sydney the establish- Ultimately how cemeteries are integrated within metropolitan
ment of new facilities is required to accommodate this growing planning may rest on how they are valued by society. These may be
community, along with schools, places of worship and other cul- places of physical or social infrastructure, extensions to the parks
tural facilities (Bugg and Gurran, 2011). and natural reserves systems, as single use facility for the burial of
Cemeteries play an important role in anchoring cultural com- the dead or having a more spiritual and cultural connection. Value
munities, helping to root an immigrant community to the new based considerations must provide a foundation to future planning
homeland (Francis et al., 2000). Burial practices and grounds assist of cemeteries. It is through this approach that early consultation
in the construction of collective memory which strengthens formal, with local and regional communities about longer term needs of
informal, national and community identity (Ansari, 2007). Particu- this land use should set the groundwork for an easier and more
larly for the more culturally diverse communities such as Liverpool, successful development assessment outcome.
with 40 per cent of the population born overseas (ABS, 2011c), the
issues raised in submissions on the development application for
the cemetery at 31 Greendale Road emphasise the need to tackle Acknowledgments
a broader land use compatibility question that focuses on cultural
and social integration. This goes beyond a single development pro- The authors wish to acknowledge Associate Professor Andrew
posal and rightly the assessment decision dismissed the arguments Kelly from the University of Wollongong, Linda Barach and the
of local cultural differences. anonymous reviewers for their valuable direction and comments
While tangential to social issues but nevertheless a recur- on this paper.
ring theme within community submissions to many development
applications is the impact of the proposal to property values. This
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