In re St Mary’s Churchyard, White Waltham (No 2)

Subject Matter

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, arts 2, 3, 4, 5

[2010] Fam 146; [2010] 3 WLR 1560; [2010] PTSR 1689

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 (as amended by Statute Law (Repeals) Act 1993, s 1(2), Sch 2, Pt II, para 17), ss 2, 3

[2010] Fam 146; [2010] 3 WLR 1560; [2010] PTSR 1689

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

[2010] Fam 146; [2010] 3 WLR 1560; [2010] PTSR 1689