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Ecclesiastical Case Reports
Re Dilhorne Churchyard
(Lichfield Consistory Court: Coates Dep Ch, February 1998)
Reservation of gravespace - PCC policy
The petitioner's parents had both been buried in the same grave in the churchyard following their deaths in 1994 and 1996 respectively. Although there was space for a third burial in the grave, it would not accommodate both the petitioner and his wife who were both resident in the parish. He sought a faculty to reserve the adjoining plot so that he and his wife would lie next to his parents. The PCC had a policy against the reservation of gravespaces in the churchyard and the chancellor was satisfied that this had not been adopted such as to thwart the petitioner. The chancellor considered West Pennard Churchyard [1992] 1 WLR 23 and the subsequent decision in Re St Mary, Dodleston Churchyard [1996] 1 WLR 251. In the latter, Lomas Ch cast doubt upon the statement of Newsom Ch in the former that faculties of this nature would be 'freely granted' in cases where the petitioner had a legal right of burial. He considered that elevated the right to a greater significance than should be the case. The chancellor noted that for centuries PCCs have had the responsibility for the smooth and lawful running of churchyards. They are composed of local people, well placed to appreciate the needs and wishes of the parishioners. He considered that the consistory court cannot ignore the exercise of their discretion whether on matters of policy or in individual circumstances, unless such a discretion was exercised male fides or could not in the circumstances as a whole be reasonably supported. Having heard argument, he declined on the facts as he found them, to grant a faculty and the petition failed.
Note: Similar regard was given to PCC policy in Re St Andrew, Sadberge (25 July 2000) Durham Cons Ct (unreported) in which the chancellor refused a petition for the reservation of a gravespace from two individuals not resident in the parish whose teenage son had recently been buried there. The graveyard was nearly full. See also Re Holy Trinity, Seghill where parochial policy was given detailed consideration.
[MH]
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