The petitioner, who had strong links with the parish and churchyard, sought a faculty for the reservation of a double-depth grave space for the burial of his remains and those of his wife. The Parochial Church Council (PCC) did not support the petition, having adopted a policy in 2009 against the reservation of grave spaces in light of the fact that only about ten years' worth of space for burials remained within the churchyard. No petition for the reservation of a grave space had been made since the adoption of that policy until now. The chancellor considered the decisions in Re West Pennard Churchyard [1991] 4 All ER 124 and Re St Nicholas, Pevensey (Chichester Consistory Court, March 2012) and refused the faculty. The PCC's policy, while not determinative of the case, was justified on reasonable grounds. Regard should be had to the policy, not least because others had subordinated their wishes to that policy since 2009. Where, as here, space in a churchyard was limited, it was appropriate that individuals with a legal right of burial should be buried in the order in which they died, until such time as the churchyard was full. [RA]
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