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Re St Andrew, Sutton-in-the-Isle

Ely Consistory Court: Gage Ch, January 2010 Memorial – churchyard regulations

Published online by Cambridge University Press:  20 August 2010

Ruth Arlow
Affiliation:
Barrister, Deputy Chancellor of the Dioceses of Chichester and Norwich
Will Adam
Affiliation:
Rector of Girton, Ely Diocesan Ecumenical Officer
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Abstract

Type
Case Notes
Copyright
Copyright © Ecclesiastical Law Society 2010

The petitioners applied for a faculty for the erection of a memorial to their parents, consisting of a heart-shaped black polished granite stone with motifs of roses, a praying angel and (on the back) a picture of their parent's house. To this would be added kerbs with vases in each corner and white granite chippings within the kerbs. They also sought to erect a smaller version on the grave of their sister, but with motifs of roses and a fairy girl. The proposal fell well outside the churchyard regulations, and was not supported by the PCC (11 members voting against it and one abstaining) or the DAC. The petitioners argued that there were many breaches of the regulations, in design, materials and kerbs within the churchyard already, and pointed out that the churchyard was nearly full and that the position of their parents' grave was such that the kerbs would not prove to be a trip hazard. The chancellor noted the numerous breaches of the regulations. He granted a faculty for the erection of the heart-shaped granite stones, without the picture of the house (which he considered to be of no Christian significance) and without the kerbs. His stated reasoning for not allowing the kerbs was that they would prove to be a long-term drain on maintenance resources, rather than that they would be a potential hazard. [WA]