Ecclesiastical Law Association

Ecclesiastical Law Association

Re St. Mary Allithwaite [2016] ECC Car 1

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The PCC had passed a resolution in 2009 that it would not support future applications for the reservation of graves, as it was estimated that the churchyard would be full within ten years. The Chancellor refused to grant a faculty for the reservation of a grave for a parishioner and his wife, who wished to be buried in a grave next to the Pet‭itioner's mother: "I have no doubt that the policy adopted by the PCC since 2009 is capable of being justified on reasonable grounds and is not inherently unreasonable. It is designed to achieve fairness to all who have a right to be buried in the churchyard and the absence of any faculties being granted to reserve grave spaces suggests that the policy has been accepted by others since such time."

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