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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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A Faculty had been granted in 2013 for the felling of some trees in the churchyard. On the date when the contractors started work, an objection to the work was made on site, as a result of which the work was suspended. The faculty subsequently lapsed. A new petition was presented and the same objector wished to become a party opponent. The Chancellor issued directions dealing with, inter alia, (a) an allegation by the objector that the Chancellor should recuse himself; (b) an application by one of the petitioner's for an extension of time in order to respond to the objector's particulars of objection; and (c) the need for an arboricultural report. The Chancellor also directed that the Ancient Yew Group should be invited to comment on the proposals.

The Rector and Churchwardens applied for a faculty for the removal from the churchyard of a mature lime tree, due to a risk of subsidence damage to an adjoining property, as advised by their retained arboriculturist. The Chancellor granted a faculty subject to conditions which included a requirement that at least one replacement tree of a species, and at a location in the churchyard, to be approved by the archdeacon must be planted during the current, or the next, growing season after the felling of the lime tree.

During the parish priest's absence, whilst attending a course, a burial took place in the closed churchyard. Prior to his absence, the priest had told the funeral director and the family that a burial could not take place, unless in accordance with one of the exceptions in the Order in Council closing the churchyard for burials, namely: (1) where a grave had been reserved by faculty; (2) where a person could be buried in the same grave as a relative. (Also, cremated remains can be buried in a closed churchyard.) The funeral director arranged for the deceased to be buried next to the deceased's brother in a tight space between two graves. The Chancellor determined that the interment was unlawful, and could not be made lawful retrospectively by the Ministry of Justice or the court, but he decided that no action should be taken to disturb the burial or to refer the matter for police investigation.

The Vicar and a churchwarden applied for a faculty to authorise retrospectively the laying flat in the churchyard of 51 memorials which had been found to be unstable in 2015 and also to authorise the laying flat of memorial stones deemed to be unstable by a future inspection. There had been much disquiet locally about the laying flat of so many memorials in 2015, and the Chancellor was concerned that there had not been adequate notification to families who might have been contacted prior to the laying down of the memorials. However, he granted a faculty, subject to a condition that in future no memorial should be laid flat without the express approval of the Archdeacon.

Staff of the Leeds City Council instructed its workmen to erect a fence along the perimeter of the closed churchyard (for which the Council was responsible), to prevent a recurrence of recent anti-social behaviour, involving youths standing on the churchyard wall and throwing stones at traffic. The Council did so without first seeking a faculty or planning consent from its own planning department, even though a meeting had been arranged for interested parties to discuss the best fencing solution. The Chancellor took "a dim view of the petitioner’s conduct in this matter, notwithstanding that it may have originally been animated by an understandable sense of civic responsibility ... the execution of that good intention was characterised by ineptitude, discourtesy and illegality". However, notwithstanding the failings of the Council, the Chancellor decided that a Confirmatory Faculty should be granted.

The Team Rector, a churchwarden and a deputy churchwarden applied for a confirmatory faculty for “retrospective approval for a prayer walk in the wooded area of the churchyard, including the introduction of a path, carved mushrooms inscribed with prayers and artwork designed following a study day.” The Public Notice resulted in two letters of objection, but there were no parties opponent. The Chancellor was satisfied that the works were appropriate and directed the issue of a confirmatory faculty.

The petitioners wished to obtain permission to remove from the churchyard all items that were not allowed under the churchyards regulations, such as "figurine gnomes, garden gnomes, figurine angels, cupids, balloons, and solar lamps, etc." together with rose bushes and other shrubs planted on graves. There were several letters of objection, but no objector became a party opponent. The Chancellor granted a faculty: "As a matter of logic and common sense, since there are regulations in force, it would be manifestly absurd to have them broken as each person deems fit ... In my judgment it is not proper for a person to take the law into his own hands, and then cry 'foul' when action is taken against him."

Application for a Faculty for the replacement of existing structures in the churchyard of a redundant church appropriated by a pastoral scheme for the use of an Oxford college. The work to include a new gardener’s office, greenhouse and cold frames and three storerooms and the removal of existing sheds and other structures, new bicycle stands to replace old ones, new fencing and the relocation of six monuments. Faculty granted for relocation of memorials and for only such other items as could not be regarded as "buildings" within the meaning of the Disused Burial Grounds Act 1884, which prohibits the erection of buildings within a disused burial ground.

The proposal was to construct a ramp at the front of a 1960s church, facing an access from the road, in order to allow step-free access to the front of the church for the disabled. Objections were based on the design of the ramp, the possibility of its use by skateboarders and consequent safety issues, the fact that there was step-free access to the church from the car park at the rear, and difficulties of loading and unloading at the front of the church. Faculty granted.

The petitioners sought permission to (1) excavate, inspect and repair the current trench arch system; and (2) if found to be beyond repair, install an extended trench arch drainage system within the churchyard, connected to existing facilities, with the addition of a macerator. The Chancellor granted a faculty, subject to (inter alia) a condition requiring a continuing archaeological watching brief.