In granting a faculty for the erection of a hall as a separate building falling partly within the consecrated churchyard and partly outside, the chancellor considered whether section 2 of the Disused Burial Grounds Act 1884 had the effect of preventing the construction of the hall. The section states ‘It shall not be lawful to erect any buildings upon any disused burial ground, except for the purpose of enlarging a church, chapel, meeting house, or other place of worship.’ The chancellor found that, whilst the churchyard was no longer used for the interment of bodies, it was still used for the interment of cremated remains and had not been closed by Order in Council. The 1884 Act did not, therefore, apply. [WA]
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