Churchyards

The subject-matter of the petition was a piece of unconsecrated churchyard between the original churchyard and an adjacent lane. The proposal was to grant a 999 year lease of a strip of the unconsecrated land to the neighbour whose house lay at the end of the lane, which was of tapering width, in order to give the lane uniform width, to allow better access for cars and larger vehicles. There were objections from members of the family who owned the land on the opposite side of the lane. The Chancellor determined that the terms of the proposed lease would benefit both the neighbour and the church, and he granted a faculty. The judgment contains a discussion of the court's jurisdiction to permit the disposal of unconsecrated churchyard land.

The petitioners wished to carry out some reordering works inside and outside the church, so that the church could be used for retreats and quiet days. The main item at issue was a proposed platform to be erected in a piece of woodland at the end of the churchyard. (The woodland had formerly been glebe, but had been added to the churchyard some years previously.) The petitioners proposed to use the platform as a base for a temporary structure, such as a tent or a gazebo, whilst conducting retreats. The Chancellor refused to allow the platform, but granted a faculty for all the other items in the petition.

The incumbent and churchwardens applied for a faculty to approve a local variation of the Churchyard Regulations. The Chancellor was satisfied that it was appropriate to approve a local set of regulations on aesthetic and practical grounds and to enable better management of the churchyard. It would be a condition of the faculty that families would be required to sign a notice confirming that they would comply with the regulations.

The burial authority sought authorisation to reuse two areas of Streatham Cemetery largely free of memorials. The Chancellor considered that the proposals were in principle both acceptable and commendable, to facilitate the economical use of land and to address the continuing shortage of grave space. He therefore granted a faculty.

The Faculty Petition sought permission for (a) CCTV cameras, (b) a projector and screen, and (c) new railings for the churchyard. Objections were made in respect of the proposed new railings. The Chancellor granted a Faculty for all the items. 

This judgment related to Re Tonge Moor St. Augustine (1) [2012]. The Chancellor refused to make an order for costs against the objectors.