Re: St Peter, Weston Favell (Peterborough Consistory Court; Coningsby Ch. July 1990)
An incumbent without the authority of a faculty unlawfully permitted memorial plaques to be placed in a churchyard. After his resignation, his successor (also without the authority of a faculty) removed the plaques, and petitioned for leave to place them in a particular prepared site within the churchyard. The relatives of two of the persons commemorated cross-petitioned for the return of the plaques to their former positions. In granting the incumbent's petition and dismissing that of the cross-petitioners, the Chancellor held that he had to stand back from the individual difficulties which had arisen, and to decide what was in the best interests of the church and its people, both now and in future generations.
The introduction of randomly-placed plaques, shrubs and flower containers had tended to damage the visual appearance and peacefulness of the churchyard. The proposal put forward by the incumbent was a sensible one which merited adoption, and it was inappropriate to make exceptions in the cases of the crosspetitioners.
(1991) 2 Ecc LJ 228