The petitioner sought a faculty to reserve a single depth grave space in the churchyard of St John the Baptist, Ulpha. She explained that she had property in the parish, attended services and other functions connected with it, and had given financial and practical support to the work of the Church. The petitioner also desired the comfort of knowing that her remains would be interred at the same place as her late husband. However, there was very little space available for burials in the churchyard, and it would only be sufficient to serve parishioners for another 3–7 years (depending on whether a large bush could be removed).

The Chancellor refused the petition. The correct approach was outlined by Hodge Ch in Re St Mary, Thame [2022] ECC Oxf 2 (2023: 25 Ecc LJ 114). The reservation of a grave space is entirely within the discretion of the consistory court. Where remaining grave space within a churchyard is limited, a faculty will not normally be granted unless the petitioner can demonstrate sufficient justification for the court taking such an exceptional course. Even where justification is demonstrated, the court will not extend the duration of the faculty beyond the period for which the churchyard is likely to have space for burials unless there are exceptional circumstances in favour of doing so. This remains subject to the petitioner’s right to apply for an extension of the period of the faculty’s validity. In this context, the test for ‘exceptional circumstances’ is whether the case is ‘markedly out of the ordinary’ (Re St Peter, Hilton [2024] ECC Yor 1).

In this instance, the petitioner had not demonstrated that her circumstances were ‘markedly out of the ordinary’. Her attachment to the church, although sincere and genuine, was one shared by many others within the parish who may also hope to be buried there.