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Re St Mary the Virgin, South Hayling

Portsmouth Consistory Court: Waller Ch, 24 July 2014 Extension – graves

Published online by Cambridge University Press:  11 December 2014

Ruth Arlow*
Affiliation:
Chancellor of the Diocese of Norwich
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Abstract

Type
Case Notes
Copyright
Copyright © Ecclesiastical Law Society 2015 

The petition sought the construction of an octagonal extension on the north side of the Grade II* listed church and related works, in order to provide vestry, meeting, refreshment and toilet facilities. The proposed works included the removal of headstones and kerbs from several graves over which the extension would lie. It was proposed that the stones would be relocated or replaced with substitute memorials. Several families objected in writing to the plans and one sought to become party to the proceedings. Although the formal objection was withdrawn following agreement to relocation of the memorials and placing of engraved plaques on the building, the chancellor felt that a full judgment was appropriate in view of the opposition expressed. It was held that the need for the extension and new facilities was established and was in keeping with the building and its appearance. No alternative location could be found for the extension, which therefore necessitated building over the graves. A faculty was granted for the works but subject to a condition that exhumation and re-interment should be offered to any family whose graves were affected. The faculty also provided for relocation or replacement of grave markers as agreed with the families affected. [Catherine Shelley]