Memorial Trees and Benches Policy
This policy was adopted by the Council at its meeting on 22/03/2023 minute reference 23/54. For review – Annually.
1. Scope of this policy
1.1 On occasions when a family’s loved one dies, the Parish Council gets a request to commemorate them with a memorial by way of a seat, tree or on occasions both that also provides a beautiful and functional improvement to the local environment.
1.2 West Bergholt is fortunate to have a number of open spaces, with some fantastic views and scenery, several of which are owned and managed by West Bergholt Parish Council. This policy sets out how the Council approves memorial benches and trees: who is responsible for their upkeep: and what is expected from the donor and the Council.
1.3 The Council will consider all such requests on a case-by-case basis whilst endeavouring to be respectful, sympathetic and fair towards those donating trees and benches: to balance the needs of facility users: and to maintain the high quality of its’ open spaces.
2. What and who is covered by this policy
2.1 The policy covers any memorial bench, tree, or other lasting item (excluding memorials around graves) placed on West Bergholt Parish Council owned or managed property.
2.2 West Bergholt Parish Council owned property includes the Poors Land, the Village Green (Heath) in front of Heathlands School, the Lorkin Daniell Field, the Orpen Memorial Hall, the green space by the Mumford Close Oak tree. West Bergholt Parish Council maintains and manages the three West Bergholt ponds at Lexden Road, Hall Road, and Queens Road.
2.3 When the Council agrees to the installation of a bench or tree, the costs are borne by the friends and family with the understanding the items are donated to the Council at no cost to the Council. The donor does not retain any right to determine its future management. The Council will nevertheless endeavour to ensure it is appropriately maintained and cared for but when the item reaches end of life the Council does not commit to the cost of any replacement.
3. Legal framework
3.1 The planting of trees or installation of benches on land as memorials, is a private arrangement between the friends and relatives commissioning the memorial, and the landowner. As such, the Parish Council can only approve memorials on Parish Council owned land. The Council may support applications for benches placed on the public highway, but permission is required from the local highway’s authority, Essex County Council.
3.2 Generally speaking, installing trees and benches will not be subject to planning permission, restrictive covenants, or other restrictions. However, there may be cases where the Parish Council is unable to install benches for such reasons.
4. Policy statement
4.1 Determining Requests
4.1.1 Enquiries for a memorial bench or tree should be made by email to [email protected]. The requests will be determined by the Parish Council’s Environment Committee.
4.1.2 The Council will endeavour to accommodate any reasonable requests for the planting of memorial trees or installation of memorial benches. Requests may not be able to be fulfilled if the location is unsuitable due to risk of vandalism, antisocial behaviour, over population of trees or benches, or any other material factors.
4.1.3 Only trees and benches suitable, in keeping to the immediate surroundings, and benches of a robust design will be considered. The Council will advise on suitable options but will endeavour to meet any specific requests.
4.1.4 The exact location of the tree or bench must be agreed pro tem with a member of the Environment Committee and be ratified by the Environment Committee.
4.1.5 Where an existing bench is in poor condition, the Council and donor may agree to install a memorial bench or tree in its place, the full cost of which shall be met by the donor as detailed.
4.1.6 Memorial benches and trees will only be considered from people that can demonstrate a close tie with the person being commemorated. The Council reserves the right to refuse a memorial bench or tree at its sole discretion.
4.2 Costs and Maintenance
4.2.1 The cost of the tree or bench will include any plaques/inscription, delivery, and planting/installation costs (eg. fixings, tree guard, paving or base around the bench). All costs provided will be inclusive of VAT (as the Council is unable to reclaim VAT on these donations).
4.2.2 There will be a charge for installing a tree or bench, if installed by Council employees. An installation by any other person will be at the donor’s expense and to a standard acceptable to the Environment Committee.
4.2.3 Donors are welcome to be present at the tree planting and carry out a small ceremony if they wish either at the time of planting /installation however it may be beneficial at arrange any ceremony when installation or planting is completed.
4.2.4 Commemorative plaques can be affixed to a memorial bench, subject to agreeing a size, wording, and specification with the Council. No plaque may be fixed to a memorial tree itself.
4.2.5 Donors should be aware that benches or young trees in public areas may be subject to vandalism, and the Council will not be held responsible for any costs accrued in replacing them.
4.2.6 The donor shall not be permitted to undertake any maintenance of the memorial tree or bench without the permission of the Council