Judgment Search

Churchyards

Display:

The Chancellor granted a faculty for the replacement of the current church hall situated within the churchyard (a 1960s building, intended to be temporary and now in need of replacement) with a new single-storey hall, of which one elevation would be faced with brick to match the Victorian church building and the other elevations would be clad in timber.


The petitioners wished the Chancellor to authorise the setting aside of an area for cremated remains in the churchyard extension and to authorise a variation of the standard churchyards regulations in order to allow the incumbent to permit in future the erection of upright memorials and 'desktop memorials' in the churchyard extension to mark interments of cremated remains. They also asked the Chancellor to grant a confirmatory faculty in respect of upright memorials and 'desktop memorials' already installed to mark interments of cremated remains in the churchyard and churchyard extension during the past 18 years. The Chancellor was satisfied that the petitioners had made out a satisfactory case for the proposals and granted a faculty accordingly

The Deputy Chancellor granted a faculty to authorise the removal from the churchyard of a tree which was in danger of causing damage to an adjoining property.

Faculty granted for the removal wooden and plastic kerbs from a number of graves.

The vicar and churchwardens applied for a faculty to re-use the churchyard for burials. Though the churchyard was not closed by Order in Council, burials could now only take place in existing graves. There was one objector. A hearing was held, at which the Chancellor dismissed the objector's twelve grounds of objection as having no substance, in view of which, and also of the fact that the objector had refused to have the matter dealt with by written representations, the Chancellor directed that the objector should pay the costs of the half-day hearing.

As part of the Ashford Borough Council's Ashford Snowdogs art trail, there was a proposal to place in the churchyard a statute of a brightly painted dog. There was one objector, a parishioner whose house overlooked the churchyard, who objected to the installation on aesthetic grounds. As the proposal was that the dog would only be in the churchyard for 10 days, the Commissary General considered that, in view of the community  benefits of the project, the installation's presence would be so transitory as to make the diminution of the Church’s setting insignificant. She accordingly granted a faculty allowing the installation for 10 days.

The Chancellor granted a faculty to authorise the re-use of an area of the churchyard in which there were no memorials and where it was believed that there had been no burials for at least 75 years.

The Chancellor granted a faculty to authorise the re-use of an area of the churchyard in which there were no memorials and where it was believed that there had been no burials for at least 150 years.

Five yew trees, a conifer and a holly had been felled without the authority of a faculty. There had been an application for a faculty using the Online Faculty System. The petitioner (a churchwarden) had taken the approval of the Diocesan Advisory Committee to mean that a faculty would be granted. By the time the Chancellor visited the churchyard to inspect the trees, the trees had been removed. The Chancellor granted a confirmatory faculty, subject to a condition that
new native trees should be planted in the churchyard.

The Parochial Church Council petitioned for permission to remove all toys, ornaments and other memorabilia and edgings from 67 graves within the churchyard, many of which items had been in the churchyard for a considerable time. The Chancellor considered all written objections, including a claim that to remove such items would be in breach of the law relating to human rights, but decided that the PCC was entirely within its rights in wishing to enforce the Churchyard Regulations, and accordingly a faculty was granted.