Council’s ‘re-use’ plan to see graves of stillborn babies moved for burial space

Hundreds of graves in a picturesque market town are set to be disturbed to create space for new burials, under powers granted by Parliament.

The resting places of infants who died as early as 1855, along with stillborn babies, are among more than 900 plots in Bishop’s Stortford, in Hertfordshire, that could be reclaimed for future use. The town council has released a list of 1,068 burial records in the Old Cemetery that may be affected as it seeks to address a looming shortage of burial space.

Fears that the cemetery could reach capacity by 2036 prompted the authority to secure new legal powers through the Bishop’s Stortford Cemetery Act 2024, alongside approval from the Diocese of St Albans, allowing it to reuse graves.

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Graves would be reused over several decades and council leader Miriam Swainston told the Press Association the sites “will be treated with the utmost respect if it becomes necessary to reuse them”.

Bishop’s Stortford Town Council is thought to be the only authority beyond London to be granted powers by Parliament to reuse plots without the need for special permission from the Government.

According to a notice published by the authority, all the affected graves are in the Bishop’s Stortford Old Cemetery. Records show no one was buried in the affected plots after 1949 and none are maintained as a Commonwealth War Grave. Some graves hold more than one burial.

Relatives of a person buried in an affected grave can stop the plot being reused for at least 25 years, if they lodge an objection with the authority by October 15 2026.

Ms Swainston said reusing graves “will enable current and future residents to bury their loved ones in the town and easily visit their graves”.

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She added: “There are strict protocols to ensure every effort is made to contact families and seek permission to reuse graves more than 75 years old.

“In truth, many graves are untended but even these will be treated with the utmost respect if it becomes necessary to reuse them. The purpose is to serve the current community, not to ignore our heritage.

“The cemetery is being improved with more notice boards to inform people of significant graves and the nature that thrives there. A Friends of the Cemetery group is helping ensure it remains the beautiful, serene place that it is, to enable future generations to pay respects to their lost loved ones there.”

Earlier this year, the independent Law Commission published a report into burial and cremation rules. It recommended London local authorities, which have similar powers to Bishop’s Stortford Town Council, should continue to have grave reuse rights without the need for the Government’s permission.

But the organisation called for law reform, so that 100 years must elapse between the last interment and grave reuse.

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The Law Commission also recommended wider changes so more burial ground operators in England and Wales can reuse graves, subject to local consultations and Government approval.