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Re St Andrew, Bainton

York Consistory Court: Hill Dep Ch, August 2008 Churchyard – bench – objections

Published online by Cambridge University Press:  28 April 2009

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 2009

The rector, churchwarden and PCC secretary applied for a faculty to introduce an iron bench into the churchyard extension in memory of a teenager buried there. The DAC offered no objection. A resident of a neighbouring property objected by letter but did not seek to become a party opponent. The deputy chancellor dismissed each of her objections, which included a concern that the provision of a bench would encourage more criminal behaviour in the area, that the bench was of poor workmanship, that the land might be needed for future burials, that another location had first been considered and rejected, and that the family concerned did not attend church. He concurred with the DAC's judgment that the proposed bench would not detract from the character of the Grade I listed building. The faculty was granted until further order, with the particular caveat that, if the objector's fears about the attraction of ‘undesirables with a criminal intent’ came to be realised, then the faculty could be set aside and the bench ordered to be removed. [WA]