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Re All Saints, Dulverton

Bath and Wells Consistory Court: Briden Ch, October 2009 Churchyard paths – disabled access

Published online by Cambridge University Press:  30 April 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 first part of the petition concerned the alteration of paths in the churchyard, which slopes steeply upwards from the road to the church. The chancellor granted the faculty noting that the court will normally allow reasonable alterations to improve disabled access in line with section 21 of the Disability Discrimination Act 1995. He noted that where decisions (on traffic issues, for example) had been taken by the local planning authority they would not normally be re-examined by the consistory court. However, he noted that the treatment of interred remains that may be disturbed during works in the churchyard was the proper concern of the court and he made the faculty for these works conditional upon the reburial of any disturbed remains, the retention of some displaced memorial masonry and the retention of any displaced earth within the churchyard. The second part of the petition was for the replacement of the floor in the east end of the nave of church with a broad wooden raised platform and for the consequential removal of a small number of pews. There were no parties opponent, but objections were received, largely from those with views about more radical future plans being formulated by the petitioners. The chancellor only commented on the petition before him, which he found to be of limited scope, largely reversible and necessary. A faculty was granted for both parts of the petition. [WA]