Churchyards

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.

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.

The Vicar and Churchwardens applied for a faculty to authorise the construction of a church hall, to replace on old shed-like building, on an unconsecrated extension to the churchyard to the east of the church. The new building would, however, encroach very slightly on to the consecrated part of the churchyard extension. The Chancellor granted a faculty, notwithstanding the slight encroachment of the proposed building on the consecrated part of the churchyard.

There was a proposal to fell two sycamore trees in the closed churchyard. Probably due to the very dry summer of 2018, the roots of one of the trees in question had caused ground shrinkage, resulting in the appearance of vertical cracks at the corner of the church building. There were three letters of objection, but no formal parties opponent. The Chancellor was satisfied as to the need to fell the trees and granted a faculty.

The petitioners, the rector and churchwardens, removed from the churchyard personal mementoes which had been placed on graves, and which the churchyards regulations did not allow. They then gave notice of removal, where possible advising the families concerned as to where they could collect the relevant items. The petitioners subsequently applied for a faculty for the disposal of the items not collected. There were two objectors, who became parties opponent, around 40 other written objections, and there was an online petition opposing the faculty. The Chancellor decided that the petitioners were entitled to remove the items, as required by the churchyards regulations, and that a faculty was needed for their disposal. The Chancellor therefore confirmed an earlier decision to grant a faculty, subject to there being no objections.

The Petitioners (the Rector and Churchwardens) sought a faculty to authorise the removal of a panel fence erected by neighbours on what was alleged to be churchyard land; to authorise the erection of a post and rail fence within the churchyard boundary; to give a direction as to the ownership of a stone retaining wall on the boundary and as to the responsibility for its maintenance; and to authorise the implementation of recommendations contained in a report from a company of tree consultants concerning trees and shrubs near the boundary. In the course of the proceedings the Objectors withdrew their claim that the fence they had erected was not on churchyard land and removed the fence. A declaration was given that the retaining wall belonged to the churchyard, and the petitioners were given leave to erect a post and rail fence and plant a double width yew hedge on the churchyard side of the new fence. At the end of the judgment is an additional judgment as to costs.

The Parochial Church Council applied for an injunction to prevent the London Borough of Hounslow from developing a piece of land near the church, claiming that the land was consecrated, and historically had been part of the churchyard, notwithstanding that the Borough Council and its predecessor council had been registered with absolute title in respect of the particular piece of land for 69 years. The Chancellor dismissed the application.

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.