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Re St Dunstan, Cheam

Southwark Consistory Court: Petchey Ch, April 2010 Church hall – disused burial ground

Published online by Cambridge University Press:  20 August 2010

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 2010

In granting a faculty for the erection of a hall as a separate building falling partly within the consecrated churchyard and partly outside, the chancellor considered whether section 2 of the Disused Burial Grounds Act 1884 had the effect of preventing the construction of the hall. The section states ‘It shall not be lawful to erect any buildings upon any disused burial ground, except for the purpose of enlarging a church, chapel, meeting house, or other place of worship.’ The chancellor found that, whilst the churchyard was no longer used for the interment of bodies, it was still used for the interment of cremated remains and had not been closed by Order in Council. The 1884 Act did not, therefore, apply. [WA]