Churchyards

This judgment arose out of a hearing before the Chancellor in Re St. George Hanworth [2016] ECC Lon 1. The issue of costs was referred to the Deputy Chancellor, who determined that the bulk of the costs of the London Borough of Hounslow should be paid by the Parochial Church Council.

The Vicar and Churchwardens sought a faculty to authorise the laying of a drain under a path between the church and the public sewer (with a view to servicing  a new toilet in the church at some time in the future); improvements to the paths and driveway serving the church; and the moving of the seven memorials in the northern section of the churchyard, in order to allow that area of the churchyard to be used as an open space for community use. There were seven letters of objection, but no objector wished to be a party to the proceedings. The Chancellor granted a faculty.

The principal practical point to emerge is that the notice displayed outside a church of a faculty petition, under Rule 6(4)(b)(ii) of the Faculty Jurisdiction Rules 2000, will not be considered to have been displayed properly if displayed on a noticeboard inside a locked porch, even if the public may be able to see into the porch through an iron grille door. There is also a useful obiter dictum on the relationship between the Faculty Jurisdiction and planning and advertising controls.

This was an application for a retrospective faculty for the installation of a series of sculptures in 14 gardens created in the cathedral grounds under the authority of a faculty in 2012, in order to show developments in the Isle of Man’s history from the time of St. German to the 20th century. The sculptures, which were not authorised under the 2012 faculty, were accompanied by QR codes linking information about the significance of each of them. The Vicar General had to consider (inter alia) whether it was appropriate to have a sculpture of an identifiable living individual within the precincts of the cathedral. He decided that the sculpture was not intended to commemorate the person concerned as an individual, but rather to use his head as representative of a typical Manx schoolchild. He therefore granted a faculty for all of the statues.

Petition for setting aside of an area of the churchyard for the interment of cremated remains. Objection that site unsuitable. Faculty granted.

The proposal was to fell a sycamore tree in the churchyard and replace it with smaller suitable trees further away from the church building. The tree was at least 10m taller than the church tower and 5.3m from the church building, resulting in moss on the church roof, black mould on the nearest church buttress and the blocking of gutters and fall pipes during the autumn. A tree specialist also advised that there was a risk of splitting of the four main boughs. The Chancellor as satisfied that there as a good case for removing the tree and granted a faculty.

Extensive works to the inside and the outside of the church were proposed. The only item in contention was the proposed erection of a new thatched pavilion building in the south-west corner of the churchyard. The Society for the Protection of Ancient Buildings objected that thatch would be an incongruous material to use in an urban environment; it would be a fire risk; and thatching material might be difficult to source now or for replacement in the future. Given that the Planning Authority was satisfied that the single-storey new building would not have any deleterious effect on the churchyard and the church, the Chancellor saw no reason for refusing to grant a faculty.

The proposal was to erect a temporary classroom building within the churchyard (which was closed for burials), pending the completion of an extension to the Church of England school. The Chancellor granted a faculty, subject to conditions which included the removal of the temporary building within two years. The Disused Burial Grounds Act 1884 prohibits the erection of a building on a closed churchyard, unless for the purpose of enlarging a church, chapel, meeting house or other place or worship. In the present case, the temporary building would be linked to the church and would be available for use by the church on Sundays.

The Vicar and Churchwardens wished to fell twelve hornbeam trees lining the path to the south porch of the church. The trees were said to have outgrown their situation, resulting in the area being very dark, the grass beneath them being affected and the pathway becoming slippery. There were several written objections. The diocesan trees advisor and the local authority advised that the trees had grown too large for their setting. The Chancellor determined that the benefits of the proposal would outweigh the loss of amenity and she accordingly granted a faculty.

The parish wished to fence in a grassed area of the modern, unlisted church’s land in order to provide a safer outdoor space for children’s church activities and for community groups using this open space. There were two objections from neighbouring residents, alleging nuisance from noise created by those already using the church land. The Chancellor was satisfied that the petitioners had demonstrated a clear and convincing justification for the proposed works and granted a faculty, making it clear that deciding upon questions of nuisance was a matter for the civil courts, rather than the consistory court.