The churchyard of this Grade I-listed church had been closed in 1861. The petitioners sought a faculty to relocate 64 headstones from the central area of the churchyard to the perimeter boundary walls, creating space for community activities, including youth programmes, community events, gardening initiatives, and quiet reflection. Community consultation had generated a mixed response, drawing attention to other locally available open space and the loss of a visible identity as the area’s only graveyard.

On considering the Duffield questions, the court determined that the proposals would not harm the significance of the church, with the churchyard retaining its essential spiritual atmosphere with headstones reverently relocated to the perimeter. The missional advantages, particularly for youth and children’s ministry, overcame the ordinary presumption in favour of maintaining the status quo. The court rejected arguments about absolute rights to graves in perpetuity, noting that grave re-use after a century was common, and that the Law Commission was currently consulting on proposals to reform the law on burial and cremation and the use of burial space. A faculty would issue.