MEMORIAL TREES AND BENCHES
SCOPE OF THE POLICY
1.1 When loved ones die, their friends and relatives will often want to commemorate
them with a lasting memorial. Often this will be in the form of a tree or bench which
not only honours their memory but provides a beautiful and functional improvement
to the local environment.
1.2 Wembury Parish Council is fortunate enough to own a recreation ground with
fantastic views and scenery. This policy sets out how we approve 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 always endeavour 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.
WHAT AND WHO IS COVERED BY THE POLICY
2. The policy covers any memorial bench, tree, or other lasting item placed on
Wembury Parish Council-owned property and is relevant to anyone who has
commissioned or is thinking of commissioning a memorial tree or bench.
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 highways authority,
Devon 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.
3.3 Under the Crime and Disorder Act 1998, the Council must consider the effect of
its decisions on crime and disorder. It may deem a location unsuitable, if it may
attract antisocial behaviour.
3.4 When the Council agrees to install a bench or tree, the council purchases the
bench or tree and the friends and family donate a set amount to the Council for the
cost of the bench or tree. The tree or bench is the property of the Council, and the
donor does not retain any right to determine its future management. The Council will
nevertheless endeavour to ensure it is properly insured, maintained and cared for.
POLICY STATEMENT
Determining requests
4.1 Enquiries for a memorial bench or tree should be made by email to
clerk@wemburyparishcouncil.org The requests will be determined by the Council.
4.2 The Council will endeavour to accommodate any reasonable requests for the
planting of memorial trees or installation of memorial benches on Council-owned
property only. Requests may not be able to be fulfilled if the location is unsuitable
due to the risk of vandalism, antisocial behaviour, over-population of trees or
benches, or any other material factors.
4.3 Only trees and benches suitable, in-keeping to the immediate surrounds, and
benches of a robust design will be used. The Council will decide on the style and
make of bench. The Council will supply a list of suitable trees and the appropriate
location, as well as the cost, so that the friends or family can choose the one that
meets their preference and budget. The Council will decide the size of the tree
according to the location it will be planted in. Any request to plant a tree that has
been grown by the applicant(s) will be considered on a case by case basis.
4.4 The exact location of the tree or bench will be agreed with Council staff or from
the master plan. It is the donor’s responsibility to ensure that the location is wellcommunicated to the Council and confirmed in writing, by letter or email, with an
accompanying sketch if needed.
4.5 Where an existing bench is in poor condition, the Council and donor may agree
to install a memorial bench in its place, the full cost of which shall be met by the
donor as detailed below.
4.6 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 should it have any grounds to believe it
would be contrary to the wishes of the commemorated person’s next of kin or the
memorialisation cause offence to the wider community. The Council reserves the
right to refuse a memorial bench or tree for other reasons. The reasons will be
supplied to the applicant if requested.
Costs
4.7 The cost of the tree or bench will include any plaques, delivery, and
installation/planting costs (e.g. fixings, tree guard). It will not include the cost of the
base for the bench, for which an additional donation as detailed below is
appreciated. All costs provided will be inclusive of VAT (as the Council is unable to
reclaim VAT on these donations).
4.8 Cost for benches vary due to the current economic climate. Please ask the Clerk
for current prices. The applicant will be informed of any change to the cost (increase
or decrease) as applicable.
Memorial Bench (2-seater hardwood) – Please ask Clerk for cost
Memorial Bench (3-seater hardwood) – Please ask Clerk for cost
Bench concrete base – £245 (this may differ depending on materials and labour
costs at the time of application)
Memorial Tree- Dependent on tree and size. Please ask The Clerk for a current list.
Installing/Planting:
4.11 The arrangements for ordering and installing the bench or tree will be the
responsibility of the Council, once the financial donation has been made.
4.12 Tree planting will usually only be permitted between late autumn and early
spring, in line with the tree-planting season.
4.13 Trees will normally be planted by the Parish Council contractor or
staff/volunteers. However, donors are welcome to be present at the tree planting and
carry out a small ceremony if they wish.
4.14 No scattering of ashes of humans or pets at any site either at the time or a later
date will be permitted.
Plaques
4.15 Commemorative plaques can be affixed to a memorial bench, or placed next to
a memorial tree, subject to agreeing a size, wording, and specification with the
Council. This will be included in the cost of the bench. No plaque may be affixed to a
tree itself.
Maintenance
4.16 The Council will only source high quality / durable benches, and will endeavour
to insure, maintain and care for the memorial bench or tree. However, it cannot
guarantee their condition.
4.17 Donors should also 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 in
replacing them.
4.18 The Council shall endeavour to maintain and care for a memorial tree and
bench for as long as possible. However, it reserves the right to re-site or remove any
tree or bench that it deems to be unsafe, unrepairable, or other reasons.
4.19 No placing of flowers or other objects at memorials will be permitted, except
with the permission of the Council.
4.20 The donor shall not be permitted to undertake any maintenance of the memorial
tree or bench without the permission of the Council.
Memorabilia
4.21 No non-compostable memorabilia may be added to benches or trees such as
teddy bears or fake flowers due to the environmental impact of such items.
Agreed May 2021 ref – 21-58, last updated and agreed March 2023 ref- 23-34
The document can be downloaded on this button.Â