Re: St. Martin's, Looe (Truro Consistory Court; Boydell Ch. 12 July 1988)

A faculty was sought for the erection of a headstone of grey slate 42 inches high and 20 inches wide. The petition was opposed by the Rector and the P.C.C. on the grounds that no headstone higher than 34 inches should be erected in the relevant part of the graveyard. Although in recent years an overall height of 34 inches had been maintained for monuments placed in the graveyard, the standard of design had declined badly, with one stone of polished red granite being manifestly in breach of the diocesan regulations. The Chancellor granted a faculty for what the Diocesan Advisory Committee considered was a "decent headstone of commendable design", because the incongruity arising from its height would be minor by comparison with the red granite stone nearby.

Although it was unnecessary for him to decide the issue, the Chancellor also indicated that he was not persuaded that the adoption by a particular parish of churchyard rules which were more restrictive than the diocesan rules, would necessarily be ultra vires the P.C.C. There might be, in a particular parish, good reasons for seeking to impose more restrictive rules.

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(1989) 1:4 Ecc LJ 6-7