The Law Reports (Family Division)
[2010] Fam 146
Oxford Consistory Court
In re
St Mary’s Churchyard, White Waltham (No 2)
2009 Oct 15,
16;
Dec 19;
2010 Jan 15
Dec 19;
2010 Jan 15
Bursell QC Ch
Ecclesiastical law— Faculty— Churchyard— Listed building— Petitioner seeking faculty to construct detached Sunday school building in churchyard adjoining listed church— Considerations applying to grant of faculty for construction of new building detached from listed church— Whether need for Sunday school to be established— Whether court to take costs of building project into account— Extent to which consistory court bound by decision of local planning authority to grant planning permission— Whether faculty to be granted—
Ecclesiastical Exemption (Listed Buildings and Conservation Areas) Order 1994 (SI 1994/1771), arts 2, 3, 4, 5[1]
Ecclesiastical law— Faculty— Churchyard— Petitioner seeking faculty to erect Sunday school building in churchyard still used for burials— Whether lawful to build in churchyard still used for burials—
Disused Burial Grounds Act 1884 (47 & 48 Vict c 72) (as amended by Statute Law (Repeals) Act 1993 (c 50), s 1(2), Sch 2, Pt II, para 17), ss 2, 3[2]
Ecclesiastical law— Practice— Faculty— Burden of proof— Petition for faculty to construct Sunday school building in churchyard adjoining listed church— Petition supported by majority of parishioners— Whether presumption faculty to be granted— Appropriate burden of proof