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Ecclesiastical Case Reports
Re Brightlingsea Churchyard
(Chelmsford Consistory Court: Pulman Ch, December 2004)
Churchyard - closure - reservation of grave space
The court heard two petitions at the same time. The first, a petition by F for the reservation of a gravespace in the churchyard and the second, a request by the Archdeacon of Colchester for a ruling on the use of pathways in churchyards for burials. The first petition was amended during the course of the hearing to an application for a faculty allowing the burial of F and his wife in the grave of F's great grandfather. This faculty was granted.
The Vicar and PCC considered that the churchyard was full and sought to have the churchyard closed by Order in Council. The Home Office had consulted Brightlingsea Town Council who contended that there was room for new graves on paths and in an area used as a spoil heap and to store equipment. The Home Office considered that there was still space remaining. The chancellor held that the latter area had been used for burials since 1929 and could not be re-used. He further held that the paths that the Town Council contended could be used for burial could not be so used. In one case this was because of the consequent damage to the roots of protected trees. In all cases the paths were necessary for safe and seemly passage through the churchyard for those visiting graves. The Chancellor considered that Brightlingsea Town Council, as the elected local authority had a responsibility to the community whose local burial place would be removed by the closure of the churchyard. They were thus rightly concerned and their intervention in the process did not intrude on the rights and duties of the PCC. The Chancellor declared that there is no more burial space within Brightlingsea Churchyard.
[WA]
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