Churchyards

The churchyard of All Saints Church had been closed for further burials by an Order in Council in 1857. In 2011 the site of a 14th century Dominican Friary within the grounds of a local hospital had been excavated, and the human remains of two people had been found. A licence granted by the Secretary of State to Pontefract and District Archaeological Society ('PDAS') permitted exhumation of the remains and reinterment by a certain dated in a place where burials could lawfully take place. Without any permission being sought through the then incumbent and without his knowledge, the remains were reinterred in All Saints churchyard in 2015 at a very brief ceremony attended by a deacon of All Saints, who approved the interment (he later died), a Roman Catholic priest and a representative of PDAS. In view of the Order in Council, the burial was unlawful. The illegality came to light when PDAS approached the present incumbent for permission for a stone to mark the interments. The fact that the burial was unlawful was resolved by a successful application to the Privy Council for an amendment to the 1857 Order in Council, so as to permit an exception allowing the interment in the churchyard of the human remains recovered from the site of the former Friary, and by the Deputy Chancellor granting a confirmatory faculty for the interments.

Faculty granted for improvements to the site of the former parish church, which includes the site of the town's war memorial.

The Caister Joint Burial Committee proposed to remove and relocate all memorials from an old section of the parish cemetery, to allow for an ordered reuse of that area for further burials. There were objections from two relatives of persons buried in the 1890s. The Chancellor determined that the petitioners’ need to clear an area for reuse must outweigh the wishes of the objectors, but directed that the two memorials concerned should be carefully relocated to the boundary of the cemetery.

The London Borough of Southwark presented two faculty petitions containing landscaping proposals for consecrated areas of the Camberwell Old Cemetery and the Camberwell New Cemetery respectively. 660 people submitted objections in writing and a further 318 people objected by email. Three of the objectors became parties opponent, but later withdrew as formal objectors. The proposals were designed to provide additional burial space. The Chancellor was satisfied with the proposals and granted a faculty.

Christ Church Fulwood is listed Grade II and has an average Sunday attendance over four services of 887. The proposed works included the creation of a courtyard in the churchyard, between the church and the road, in order to provide better access and a circulation area. There was also a proposal to replace the pipe organ with an electronic instrument in order to provide more seating space. The proposal for the new courtyard was opposed by a married couple, as there were some old family graves in the area affected by the proposal. The Church Buildings Council was "uncomfortable with the proposal to remove the pipe organ to replace it with an electronic instrument". The Chancellor granted a faculty for both items.

Unauthorized replacement of tarmac path by brick paving, installation of two black powder-coated metal handrails to the chancel steps, and pollarding/felling of lime trees; Church listed Grade II, built 1903-4; applications for confirmatory faculties for works undertaken; works undertaken without a faculty having been granted are unlawful; no objections, but hearing in person ordered in view of unlawful nature of works; Duffield principles (Re St Alkmund, Duffield [2013] Fam 158) considered; confirmatory faculty granted for tree works, which had been necessary, though noting that List B approval could have been sought to these works prior to their being undertaken; need for improved path accepted, but pink brick paving with dark grey edging and yellow interstitial sand not in keeping with the natural stonework of the church; restoration order considered but would be disproportionate; faculty granted subject to condition requiring replacement of yellow sand by a darker sand to be approved by the DAC; chancel step handrails installed without faculty; DAC unhappy with the rails, which did not comply with Part K of Building Regulations; railings considered to be harmful to the significance of the church as a building of special architectural or historic interest, and out of keeping with high quality ‘Arts & Crafts’ style woodwork nearby; restoration order made for removal of the handrails within two years, to allow time for design and approval of more fitting rails. Recommendations made to improve parish and faculty administration; costs of hearing to be borne by the PCC.

Faculty granted for the felling of two trees which were causing damage to a nearby house.

Proceedings for a restoration order in respect of a building erected on a consecrated burial ground were stayed by the Chancellor of the Diocese. The applicants appealed. The Court of Arches directed that the matter be referred back to the Deputy Chancellor of the Diocese (or a Chancellor of another Diocese) for consideration as to whether the building had been erected in the consecrated churchyard, contrary to the provisions of the Disused Burial Grounds Act 1884 and appropriate disposal of the matter.

In 1970, a recreation centre for children had been erected on part of the consecrated churchyard, adjacent to the Church of England School. In 2012 the Chancellor had granted a faculty for the demolition of the 1970 building and the erection of a new school and community building in its place. There was no party opponent to the application. In 2014 an application was made by Spitalfields Open Space Ltd. for a restitution order requiring the new building to be demolished, as it had been erected unlawfully on consecrated ground. The Chancellor dismissed the application. There was an application for an appeal to the Court of Arches. The Rector subsequently applied for a confirmatory faculty. The The Court of Arches remitted the application for a restitution order for determination by a Deputy Chancellor, who granted a confirmatory faculty for the building.

Leave to appeal granted by the Court of Arches on limited grounds.