CHURCHYARD RE-ORDERING

Transcription

1 CHURCHYARD RE-ORDERING Chancellor s Guidelines Guidance on alterations, move of memorials, landscaping and levelling of churchyards Diocesan Advisory Committee for the Care of Churches

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3 The management of churchyards in the Southwell and Nottingham Diocese CHURCHYARD RE-ORDERING Chancellor s Guidelines Guidance on alterations, move of memorials, landscaping and levelling of churchyards Booklet No 5 INDEX 1 Introduction Re-ordering of churchyards 2 General setting the scene 3 Early contact informal consultation 4 Procedure advice application 5 Supporting information 6 Publication 7 The petition for faculty 8 Further advice Appendices Further Reference Appendix I specimen notice of publication Appendix II statement of intent Issued by authority of the Chancellor of the Diocese of Southwell and Nottingham

4 The management of churchyards in the Southwell and Nottingham Diocese CHURCHYARD RE-ORDERING Guidance on alterations, move of memorials, landscaping and levelling of churchyards 1 Introduction Re-ordering of churchyards 1 By re-ordering is meant the removal, altogether or to a new position, of all or some monuiments or parts of monuments, generally to make grass maintenance easier, but often to provide an open space for use by the parish or community. Any proposals for re-ordering are strictly governed by the faculty jurisdiction. Such applications raise issues of considerable delicacy with legal, historic, aesthetic, emotional and pastoral overtones. 2 The following is a non-exhaustive list of the sort of matters the PCC needs to consider before proceeding with any proposals: The pastoral implications and distress that can be caused by removing stones from their position as a grave marker No headstone should be removed without due consideration to its value in its natural setting Similarly, the proposals for extensive removal of headstones should be considered with regard to the overall detrimental effect on the setting of the church Care should be taken not to disrupt groups of family graves Serried ranks of stones round the boundaries of the churchyard tend to look alien to the natural setting of the church Stones should never be collected against the wall of the church itself because any moisture trapped between the stone and the church can cause decay in both the fabric of the building and of the stone itself The laying flat of a number of headstones can create a patio effect, can cause safety hazards as they become slippery, can cause decay to the stones themselves and can look aesthetically undesirable. 3 This booklet should be read in conjunction with booklet No 1 in this series entitled Churchyards and Memorials Legal and General Matters. 4 The PCC are advised to proceed slowly, with great care and with considerable thought given to the full implications of any re-ordering proposal. Of necessity these guidelines are for assistance only and have no general official status as each separate application will be considered fully on its individual merits. They are issued in order to facilitate the presentation of Petitions for Faculty and to ensure that before such Petitions reach the Chancellor, all possible effort has been made to resolve potential objections. 2 General Setting the Scene 5 Although the churchyard itself will be controlled by the Incumbent with the assistance of his PCC and churchwardens, memorials of all kinds within the churchyard do not belong to the church or its officers. The precise ownership of a memorial may be a matter of debate; ownership is normally vested in the party who erected the memorial during that

5 person s life; thereafter it is vested either via the estate of that party or possibly via the estate of the person in whose memory the memorial was erected. 6 Under the Faculty Jurisdiction Measure the Incumbent and churchwardens may obtain a Faculty to authorise the removal of any memorial, with or without the consent of the owner of that memorial. It is frequently the case that the owner cannot be found and thus the procedure allows the petition to proceed without the specific consent of an unidentified party. The procedure also allows an objection to be overridden although the Chancellor will only do this as a last resort and after careful consideration of the particular case. 7 When a churchyard has been closed by Order in Council the Incumbent and PCC can transfer the obligation to the appropriate local authority to maintain the churchyard in decent order. The Incumbent and PCC however are still responsible for the churchyard as it remains under Faculty Jurisdiction and thus no repairs, alterations, modifications, removal or installations etc, can be made without a Faculty. 3 Early Contact Informal Consultation 8 At the very early stages of any consideration of re-ordering the PCC should consult informally with the Diocesan Advisory Committee (DAC). Early contact should be made with the DAC Secretary who will assist the parish as they proceed through the various stages of the process. The DAC Secretary will in turn involve other DAC members or advisers as required at this informal stage. 4 Procedure Faculty Application 9 Once the informal stage is passed and the PCC are resolved to proceed with an application for faculty, a Petition for Faculty should be submitted to the DAC Secretary complete with all necessary supporting documentation. The DAC booklet entitled Applications for Faculties gives a brief outline of the procedure for obtaining a faculty and should be consulted as background information. However the proposals for re-ordering of churchyards owing to the pastoral and legal overtone are generally more stringent and the following requirements need to be met. 10 The first step will be the preparation of a complete list of gravestones and memorials affected by the proposals. This should be accompanied by a carefully drawn scale plan of the churchyard or part affected, each individual grave being identified by the same number on the list and on the plan. The list and plan should show clearly what is to happen to each gravestone or memorial. In respect of each item the list should show the following: The number of the item by reference to the plan The parties commemorated and their dates of death The type of memorial (eg headstone, ledger stone, with kerbs etc) How the memorial is to be dealt with (eg laid flat in its existing position, moved to a new position, broken up etc) 11 It is important to provide a series of clear photographs showing the area of the churchyard in question and its relation with any buildings of importance, particularly, of course, the church.

6 12 Where stones, kerbs, memorials etc are inscribed it is normal for them to be re-sited with a proviso that the inscribed parts are visible. Particular care should be taken to confirm that this is the case and to explain any departure from the norm. Where inscribed kerbs are requested by owners to be retained it is often possible to get agreement to sink them below ground level to facilitate maintenance. 13 In some churchyards certain monuments are separately listed as being of special design, manufacture or historic significance and early contact should be made with the local authority in this respect. If they confirm such a listing, you will require not only a faculty, but also local authority approval. 14 The PCC should pass a resolution approving the scheme once the above information is complete. 15 The completed Faculty Petition form, all supporting details and the PCC resolution should be submitted to the DAC Secretary at the address given below. 16 The Diocesan Advisory Committee will issue a Notification of Advice outlining their formal advice regarding the application. The PCC, on receiving this and the public notices, should then proceed to publication. 6 Publication 17 Publication of the proposals is a legal requirement. A specimen form of notice is provided at Appendix 1. This display period is not less than three months. The notes accompanying the form of advertisement explain how it should be publicised. 18 The advertisement should be published: i) on the church noticeboard or in some other prominent place within the church ii) on a noticeboard, or in none, in some prominent place in the churchyard or cemetery affected iii) if the matter relates to a churchyard other than the churchyard of the parish church, on a noticeboard or in some other prominent place within the church and on a noticeboard or affixed to the principal door outside the church iv) in the parish magazine, preferably more than once v) in one or more local newspapers for three successive weeks for this purpose a newspaper shall be understood to be one which contains reports of recent news or events, not one which contains mostly advertisement material. 19 During this period the supporting documents should be available at the publicised place for inspection by interested parties. 20 Efforts should be made to track down relatives of commemorated persons or owners of memorials. Every effort should be made to decipher inscriptions which are worn or damaged and the DAC Secretary should be consulted for advice as necessary. It is important to prepare an accurate statement as to the steps taken in this respect (see Appendix II). The greater the efforts made to ensure that persons affected are consulted, the less likely it is that objections will materialise. When all appropriate publicity has been given, and contact made with as many relatives as possible, a Petition should be lodged.

7 7 The Public Notice 21 The public notice is the legal way of informing the public of an intention to carry out certain works and proposals. It takes the form of official notices attached to the notice boards inside and outside the church. Three copies will be posted to the church contact person following the DAC approval of the works. Keep one as a spare and display the two others. One of these will be returned to the Diocesan Registrar after the 28 day notice period has been served. 22 It is important to state whether any descendants of the persons commemorated are known to the petitioners or whether any person is known to claim rights or ownership over the memorials. If memorials are cared for, then this point is also relevant as it indicates that someone is tending the grave. Where any memorial affected by the proposal commemorates a local celebrity or person of note either in the vicinity or in connection with the parish, particular reference should be made to this. Reference must be made to all listed monuments affected by the proposals. 23 The public notice and a copy of the DAC Notification of Advice should be lodged with the Diocesan Registrar at the address given below. The Petitioners should retain a second copy of the petition and supporting documents for their own use. 24 The public notice will refer to the petition and the supporting documents and will indicate that they may be inspected by any interested party. The place for inspection will be the same as that which is referred to on the previously published notice unless contrary indication is given by the petitioners. If objections are received then the faculty will not be issued until the objections have been addressed. The Chancellor, with whom judgment on the petition and papers rests, may well direct that further efforts be made to identify owners before determining the faculty. No work may commence until the faculty has been issued by the Registrar after the conclusion of the process. 26 The cost of advertisements etc are payable by the petitioners, who, in this case, would be the PCC. 8 Further Advice 27 The practical management of churchyards and memorials and related legal requirements is complex and subject to amendment. In any circumstance where there is an element of doubt on the part of incumbents or PCCs they should seek the advice of the DAC Secretary on general matters to do with churchyards and the Diocesan Registrar for legal opinion. Mrs Amanda Redgate Mr Jonathan Pickett Diocesan Registrar DAC Secretary Amanda.Redgate@southwell.anglican.org jonathan.pickett@southwell.anglican.org Jubilee House, Westgate, Southwell, Nottinghamshire NG25 0JH

8 Further Reference: The following sources have been consulted in writing this summary booklet and may be examined fully for further clarification: The Churchyards Handbook Church Buildings Council (advice on the history and significance of churchyards, their care, improvement and maintenance) Responsible Care for Churchyards Church Buildings Council (a brief practical guide for parishes) Other booklets in the series produced by the DAC with the authority of the Chancellor: The Management of Churchyards in the Southwell Diocese No 1 No 2 No 3 No 4 No 5 No 6 Churchyards and Memorials Legal and General Matters Chancellor s Regulations Gravestones Chancellor s Regulations Areas for Cremated Remains Chancellor s Guidelines Trees in Churchyards Churchyards Re-ordering Churchyards Nature Conservation Guidelines

9 APPENDIX I SPECIMEN NOTICE OF PUBLICATION IN THE CONSISTORY COURT OF THE DIOCESE OF SOUTHWELL Parish of (a)... Church of (b)... TAKE NOTICE THAT we are making application to the Consistory Court of the Diocese for permission to carry out the following: (c)... Copies of the relevant plans and documents may be examined at: (d)... Petitioners: (e)... Date: (f)... If you wish to object to any of the works or proposals you should write giving reasons for your objection to the Diocesan Registrar, Diocese of Southwell and Nottingham, Jubilee House, Westgate, Southwell, NG25 0JH so that it reaches the Registrar not later than (g)... stating your name and postal address, and whether you live in the parish and/or your name is entered on the electoral roll of the parish or any other capacity in which you write. NOTES: (a) Name of parish (b) Name of church (c) Works and Purposes: a concise and full description of the alterations specifying whether proposals are made in respect of only part of the churchyard or the whole; the nature of the proposals, eg to move, demolish, alter or otherwise carry out works on monuments; whether it is proposed to deal in any particular way with remains etc. In case of doubt the DAC Secretary should be consulted. (d) State place where documents are available for inspection (e) Each petitioner to give name and office held (f) Give date on which this notice was first displayed (g) Give date 28 days after the date given above

10 APPENDIX II STATEMENT OF INTENT IN THE CONSISTORY COURT OF THE DIOCESE OF SOUTHWELL AND NOTTINGHAM CERTIFICATE RELATING TO CHURCHYARD ALTERATIONS We (a)... Hereby certify as follows: 1 That save for the memorials numbered (b)... all the memorials affected by the proposed work mentioned in this petition are very old and/or neglected and/or that no known descendants of the persons commemorated thereby are now living in the vicinity*. 2 That in the case of memorials (c)... the petitioners have ascertained that (d)... are the owners thereof and that they consent to the proposals. 3 That in the case of memorials (e)... the petitioners have ascertained that (f)... are the owners thereof but they object to the proposals. 4 That save for (g)... none of the materials so affected commemorates a local celebrity or person of note either in the vicinity or in connection with the said parish church (h)... 5 There is annexed to this certificate a notice marked A. Publicity was given to this notice as follows: i) By displaying it on the church noticeboard or in some other prominent place with the church * between (i) and (j) ii) On a noticeboard(s) or some prominent place in the churchyard or cemetery affected * between (i) and (j) iii) If the matter relates to a churchyard other than the churchyard of the parish church on a noticeboard or in some other prominent place within the parish church and on a noticeboard or affixed to the principal door outside the church* between (i) and (j) iv) In the parish magazine in the issue published on (i)... a copy of which accompanies this certificate v) In one or more local newspapers on (i)... a copy of which accompanies this certificate. 6 The petitions have caused enquiries to be made to ascertain whether there by any parishioners who might recall or know of relatives of those commemorated by memorials affected by the proposals. The above is a statement as to the result of such enquiries. (k)... NOTES *Delete as appropriate (a) names of parties making the statement (b) insert numbers of memorials as per list which are dealt with in paragraph 2,3 and 4 (c/d) insert names and numbers (e/f) insert names and numbers and give any information as to grounds for objection which is available (g/h) insert numbers and give details of the memorials (i/j) give dates (k) all parties to sign and date

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