Churchyards

There was a proposal to remove two large yew trees growing close to the vestry. The Deputy Chancellor granted a faculty for the removal of one tree, as it appeared that it had caused damage to the vestry. He declined to grant a faculty for the other tree, the removal of which would have resulted in a loss of privacy for a neighbour, unless (1) further monitoring showed that the tree was causing damage to the vestry; (2) the trees advisor or architect recommended the removal; and (3) a scheme of planting was proposed to preserve privacy for the neighbour.

There was a proposal to fell two yew trees in the churchyard and to reduce the height of three other yew trees. A neighbour argued that the felling of one of the trees would affect the amenity of his house. The petitioners said they wished to have the two trees removed in anticipation of building an extension to the church. The Chancellor refused to grant a faculty for the felling of the first two trees. The petitioners would have to make a case for the removal of the trees if and when they submitted a petition for an ewxtension to the church. However, he granted a faculty for the reduction in height of the other three trees. 

The Chancellor granted a faculty for the renovation and extension of a Grade II listed former grammar school building situated within the curtilage of the churchyard and now used as parish rooms, in order to create a “Centre of Hope” supporting community outreach. The proposals included demolition of a 1980s extension, construction of a new two-storey extension with improved accessibility, refurbishment of the interior, new kitchen and welfare facilities, replacement windows, and additional storage. Applying the ‘Duffield’ principles, the Chancellor determined that the works would cause no harm to the setting or significance of the adjacent Grade I listed church and only moderate, largely reversible harm to the Grade II parish rooms building itself. That harm was outweighed by clear and convincing public benefits, including enhanced facilities for a food bank and wider community support. Concerns raised informally by the Georgian Group regarding window replacement and internal storage were resolved or addressed by conditions. The faculty was granted subject to conditions, including approval of detailed designs for windows and storage, compliance with planning and archaeological conditions, confirmation of funding, and a three-year period for completion.

The Rector and churchwardens wished to replace the gravel between the churchyard gate and the main entrance of the church with stone to match the stonework of the church. The Diocesan Advisory Committee advised the Chancellor that Forest of Dean or Welsh Pennant stone should be used, whereas the Rector and churchwardens wished to use the less expensive Indian sandstone. After considering further advice from the church architect and a member of the DAC, the Chancellor was concerned that "Indian sandstone blends less comfortably with the weathered stone of the church". He therefore granted a faculty subject to a condition that Forest of Dean or Welsh Pennant stone should be used.

The petitioners wished to fell an 18m tall Giant Redwood tree in the churchyard. There was one objector, who did not wish to become a party opponent. The local authority approved the felling of the tree. The Chancellor granted a faculty.

The petitioners wished to carry out works in the churchyard, comprising the creation of an area for cremated remains; creation of a garden for social and recreational use; and the reconfiguration and resurfacing of the parking area. There was an objection in respect of the parking area. The Chancellor granted a faculty, subject to conditions regarding memorials, human remains and the recording of the works.

Grant of a Faculty for the creation of a new, dedicated area for the burial of cremated remains (“ABCR”), but upon strict conditions.  The church is a Grade II listed building located in a conservation area. The management of the churchyard had proved problematic.  Whilst provision of an ABCR was uncontroversial, the current proposals were not recommended by DAC because of the proposed plot size being excessively large and the proposed use of headstone was inconsistent with the Churchyard Regulations.  The plot size was directed to be reduced and the only memorial at the point of interment permitted would be a plaque installed flush to the surface of the ground (notwithstanding retrospective permission for larger memorials having been retrospectively permitted previously).

A decision on two petitions. One was for the construction of a church centre on part a 1965 addition to the churchyard (which had been consecrated) and the other for permission to grant a lease of the Church Centre site to a charitable company with a view to the construction and operation of the church centre. Faculty granted. Consideration of the law applicable to building in a churchyard in use

The Chancellor granted a faculty the authorise the introduction of 8-10 sheep into one of the three churchyards of the parish, for the purpose of keeping down the vegetation.

The Chancellor granted a faculty for the erection a pre-fabricated timber framed building in the community garden at the side of the church. The building would be supported on concrete blocks and would therefore require the provision of a temporary ramp to allow access for the disabled. The judgment contains a discussion on the need for compliance with the Equality Act 2010.