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Alphabetical Index of all judgments on this web site as at 1 October 2022

Index by Dioceses of 2022 judgments on this web site as at 1 October 2022

Churchyards

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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.

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.

Spitalfields Open Space Limited and others v The Governing Body of Christ Church Primary School and others (No 2) [2019] EACC 1

In 2012/13 a building (“the Nursery”) was erected on part of the disused, but still consecrated, churchyard to the south-east of Christ Church, Spitalfields, in the diocese of London. The Nursery was erected unlawfully, in contravention of section 3 of the Disused Burial Grounds Act 1884, which prohibits the erection of buildings in consecrated churchyards. In December 2017 the acting Deputy Chancellor of the Diocese of London issued a confirmatory faculty in respect of the Nursery, and refused to make a restoration order requiring the demolition of the Nursery.  She also held that Spitalfields Open Space Limited did not have a sufficient interest to take part in the legal proceedings. On an appeal to the Court of Arches, the Court determined that:
(1) Spitalfields Open Space Limited had a sufficient interest;
(2) the Consistory Court had not had the power to grant a confirmatory faculty;
(3) an application by a Mr. Ouvry to intervene in the appeal should be refused;
(4) it was appropriate to make a restoration order, requiring the demolition of the Nursery.
(5) to allow time for the occupants of the Nursery to relocate, the restoration of the site need not be completed until 1 February 2029.

The Rector and Parochial Church Council wished to enter into a management agreement with the London Borough of Tower Hamlets, under Section 6 of the Open Spaces Act 1906, in respect of certain parts of the closed churchyard of Christ Church Spitalfields, which adjoins Christ Church Primary School. This judgment was an preliminary judgment to decide on certain issues, including whether the court had the jurisdiction to decide and grant the petition sought by the Petitioners. (The Chancellor determined the petition in his subsequent judgment: Re Christ Church Spitalfields [2024] ECC Lon 3.)

The Rector and Parochial Church Council wished to enter into a management agreement with the London Borough of Tower Hamlets, under Section 6 of the Open Spaces Act 1906, in respect of certain parts of the closed churchyard of Christ Church Spitalfields, which adjoins Christ Church Primary School. The petitioners had amended the petition by omitting references to certain parts of the closed churchyard adjoining the school.The Chancellor granted a faculty to authorise the completion of a manangment agreement limited to the parts of the closed churchyard specified in the amended petition.

The Parochial Church Council ("PCC") wished to make improvements to a section of the Garden of Remembrance, where ashes were interred and memorial plaques laid. The works would include laying a new path, which would necessitate moving a few plaques. A lady objected to the moving of three family plaques and three rose bushes next to them. The works were temporarily put on hold. However, before the proposals were placed before the Chancellor, and before the objector had a chance to discuss the matter with the PCC, the plaques were removed and the roses were uprooted and disposed of. The objector had a meeting with the PCC and agreed to withdraw her objection, if the plaques were reinstated and the rose bushes replaced. The Chancellor agreed to grant a faculty for the works subject to conditions which included that the plaques were to be reinstated in positions to be agreed with the objector.