The petitioners sought a faculty to remove a large yew tree standing to the side of the church, which obscured the light in part of the church and had overgrown several graves in the churchyard. The local authority had no objection and the Diocesan Advisory Committee (DAC) supported the application, arguing that the removal of the yew would not affect the historic or architectural character of the church.

As the church was Grade II* listed, the court applied the Duffield questions and found that, although not mentioned in either the listing description or Pevsner, the churchyard framed the church and so contributed to its historic and architectural character. Accordingly, contrary to the DAC position, the removal of the yew would cause some harm to that special character. This conclusion was based on a consideration of re St Philip and St James, Whittington [2017] ECC Wor 1, which analysed the significance of yew trees according to their age and highlighted their importance as links with previous generations. The court in re St Mary, Mapledurwell [2019] ECC Win 1 noted the importance of trees as part of God's creation and a habitat for wildlife, and the particular association of yews with churchyards. Although this was not a veteran yew tree, the court found that its removal would cause harm. It then considered whether the proposed benefit could be achieved by lesser measures, such as significant pruning, following re St Peter and St Paul, Aston Rowant [2019] ECC Oxf 3, and whether the benefits would sufficiently outweigh the harm as to justify removal of the tree. Reluctantly the court accepted the arguments of the Parochial Church Council that the extent of the pruning required would leave a ‘brown twiggy bush’, whereas removal of the yew would improve the view of the church and light within the church. Accordingly, a faculty was granted. [Catherine Shelley]