The incumbent and churchwardens sought a faculty for the setting aside of an area of a churchyard extension for the burial of cremated remains, and for the variation of the diocesan churchyard regulations in that area to permit the erection of upright memorials and desktop-style memorials over cremated remains in that area. The faculty sought was partly confirmatory in that the relevant area had been used for the burial of cremated remains with memorials of that type since 2001. Given the long-standing practice of allowing such memorials consistently over that period, the petitioners argued that it would cause significant bewilderment and distress to refuse to permit such memorials now. Further, history and experience showed that memorials of that type did not render maintenance of that area unduly difficult. The Diocesan Advisory Committee did not recommend the proposals.

Having visited the churchyard, the chancellor granted the faculty. It was clear from the churchyard that the local practice of erecting upright memorials over cremated remains had been established in the churchyard as long ago as 1975. Such a practice preceded and was well established prior to the introduction of the diocesan churchyard regulations. This was quite different from a situation where there had been mixed compliance with the regulations and the Parochial Church Council sought to uphold the regulations. There was no good reason in law why the clear and settled view of this church family should not prevail. The proposed type of memorials would be more attractive than the alternative, which was a large area of plaques laid flush with the turf, which would create a sizeable paved area. [RA]