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Re Caister Cemetery

Norwich Consistory Court: Arlow Ch, 4 February 2016 [2016] ECC Nor 3 Relocation of memorials – re-use of burial ground

Published online by Cambridge University Press:  08 August 2016

Ruth Arlow*
Affiliation:
Chancellor of the Dioceses of Norwich and Salisbury
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Abstract

Type
Case Notes
Copyright
Copyright © Ecclesiastical Law Society 2016 

The Joint Burial Committee petitioned for a faculty for the relocation of a number of headstones from a specified area of this municipal cemetery in order that the area could be re-used. The chancellor gave directions requiring all affected graves to be identified and for notice to be given to the owners of the memorials wherever possible. All of the affected graves (apart from one from 1932) were over 100 years old. The notices elicited objections in relation to two of the memorials. The objectors were descendants of those commemorated (a grandfather and grandson), including a representative of a family genealogy group. The objectors asked that the two identified headstones be left undisturbed for the present, given the significance of one of the deceased (a seventeenth-century master mariner) and the fact that family members still occasionally visited the grave to recount stories of the deceased's life. The cemetery was very nearly full and was bounded on all sides by roads and buildings such that extension was not a possibility. Re-use must be considered. The chancellor took account of the need of the petitioners to re-use the area to provide burial spaces and granted the faculty, imposing conditions as to the careful relocation of the headstones at the perimeter of the cemetery in order that the information on the headstones remained available to the public. [RA]