Churchyards

Following a complaint by a parishioner, there were two petitions relating to the churchyards of two parishes. The Rector and Churchwardens sought a confirmatory faculty to allow the retention of several grave markers and other items which have been introduced without lawful authority, either because the Rector had allowed items to be introduced which were outside the delegated authority he had under the churchyards regulations or because items had been installed without his permission first being sought. In his judgment, the Chancellor emphasised the importance of clergy complying with their responsibilities under the regulations. The Chancellor granted a faculty with conditions requiring that several items should be removed from graves in the two churchyards.

The University of Oxford proposed a redevelopment of the site of the former Radcliffe Infirmary burial ground, which had been consecrated in 1770. The University therefore petitioned for the exhumation and subsequent reinterment of the human remains contained in the burial ground. The Chancellor granted a faculty. He was satisfied that the provisions of the Disused Burial Grounds Act 1884, which restricted building on disused burial grounds, did not apply, owing to an exception in the Act which excluded burial grounds transferred by statute (the site having been transferred to to the Minister of Health under the National Health Service Act 1946). He was also satisfied that there were exceptional circumstances to justify exhumation, namely, the public benefit to be derived from using the land for academic purposes.

In 2018, a former archdeacon, at the request of the incumbent, had agreed to the interment of some ashes in the closed churchyard, though the Chancellor could find no evidence of the incumbent advising the archdeacon that the churchyard was closed by Order in Council, in which case a faculty would have been required to authorise the interment. There was now an application for a confirmatory faculty for the interment and for the erection of a memorial. The Chancellor determined, for pastoral reasons, to grant a faculty.

Lancaster City Council applied for a faculty to permit the removal of the boundary hedge of the cemetery and the use of a 1.8m strip of the consecrated area of the cemetery to create a public footpath next to the immediately adjoining highway. The Chancellor granted a faculty, subject to a new hedge being planted on the cemetery side of the proposed footpath. There were no human remains or memorials within the strip of land, and the proposal would improve the safety of users of the public highway.

In the churchyard of St. Adamnan's Church (otherwise known as the Old Kirk) in Lonan, on the Isle of Man, stands a building called the Cross House, so named because it houses a number of ancient crosses. The incumbent and churchwardens applied for a faculty to authorise the installation of an information board and signage to provide information about the crosses. A member of the Parochial Church Council lodged a letter of objection, claiming that the signage was unnecessary and that the Manx Museum and National Trust was responsible for the Cross House. The Deputy Chancellor granted a faculty, being satisfied that the work would not harm the building and that it would improve public understanding of the crosses and their significance.

The churchwardens and fabric officer of the church petitioned for a confirmatory faculty in relation to works of refurbishment to the area for cremated remains in the churchyard, which was surrounded by stone flags. Over a period prior to the summer of 2015 there had been complaints about the untidiness of the area and nine further interments of ashes had taken place outside the area, which had become full. The PCC, without a faculty, extended the area from 32 plots to 106 plots, replaced the turf with gravel, and constructed a low wall surmounted with stone around the enlarged plot. Following the discovery of the works by the Archdeacon, an application was made for a confirmatory faculty. The Chancellor was very concerned about the works, both from an aesthetic point of view and more importantly because of potential future maintenance issues. She granted a faculty for a limited period of 10 years, after which the situation should be reviewed.

The churchwardens and fabric officer of the church petitioned for a confirmatory faculty in relation to works of refurbishment to the area for cremated remains in the churchyard, which was surrounded by stone flags. Over a period prior to the summer of 2015 there had been complaints about the untidiness of the area and nine further interments of ashes had taken place outside the area, which had become full. The PCC, without a faculty, extended the area from 32 plots to 106 plots, replaced the turf with gravel, and constructed a low wall surmounted with stone around the enlarged plot. Following the discovery of the works by the Archdeacon, an application was made for a confirmatory faculty. The Chancellor was very concerned about the works, both from an aesthetic point of view and more importantly because of potential future maintenance issues. She granted a faculty for a limited period of 10 years, after which the situation should be reviewed.

The petition proposed the grant of an easement for limited purposes over a church-owned (unconsecrated) lane for the benefit of an adjoining property belonging to the Great Durnford Estate and used for the storage of garden machinery. The owner of another property fronting the lane objected. The Chancellor was satisfied that the terms of the proposed easement were fair and appropriate, and she granted a faculty.

The parish council decided to make a donation for the laying of cabling in the churchyard for external lighting to the church, and an external power point for Christmas lights. The work was carried out without faculty by an electrician who was a member of the parish council and also a  member of the PCC. The petition sought an order in respect of the unauthorised laying of the cable. In his judgment, the Chancellor emphasises the need for observance of the faculty jurisdiction, in view of such matters as the risk of disturbance of human remains; the need to give parishioners an opportunity of objecting; the need for planning permission; and insurance and safety issues.

The deputy churchwarden applied for a retrospective faculty in respect of the felling of a lime tree in the churchyard, which had become dangerous. The local authority had approved the felling of the tree. The Diocesan Advisory Committee recommended the granting of a faculty, and the majority of the members of the Parochial Church Council supported the felling of the tree. As the parish had not sought List B consent from the Archdeacon under the Faculty Jurisdiction Rules, it was now necessary for them to obtain a faculty. The Chancellor was satisfied that the petitioner had shown a sufficiently good reason for the felling of the tree, and he granted a faculty, subject to a condition (inter alia) that a replacement tree should be planted.