ANGRY campaigners have instructed a lawyer to challenge the construction of a school building a few feet away from Christ Church, Spitalfields, which they claim is a criminal offence.

Construction began last year after the application, submitted by the trustees of Christ Church C of E Primary School, was approved by Tower Hamlets Borough Council in 2011, and a faculty was granted by the Diocesan Chancellor (News, 30 November).

Spitalfields Open Space, a company formed by inhabitants of the parish, has instructed the law firm Richard Buxton to challenge the lawfulness of the development.

The case rests on the claim that the land in question is both a consecrated churchyard and a disused burial ground, and thus subject to respective laws about development. It is argued that Tower Hamlets Borough Council, the trustee of the site, has a statutory duty to maintain it as a site for public enjoyment, and that a faculty cannot authorise breaches of statute. Contractors have moved tombstones without any authority, and, it is reported, damaged some of them.

A pre-action letter was sent to the council in March, after which the council instructed Queen's Counsel. The construction work has continued in the mean time, and Mr Buxton issued another letter this month, complaining about the lack of a "substantive response".

On Monday, the treasurer of Friends of Christchurch, Spitalfields, Philip Vracas, speaking on behalf of Spitalfields Open Space, said: "What would be nice to know is whether we live in a land of lawfulness. The outcome should be that if the building is a criminal offence, then the criminals should be brought to justice, and the building removed, and the churchyard reinstated to an open space and recreation."

A petition to the Bishop of London, describing the building work as "cultural and environmental vandalism", has attracted 1209 signatories.

On Tuesday of last week, a council spokesperson said: "This building has been erected by the school following the necessary faculty being granted by the Consistory Court for the diocese of London, for use as a nursery and community building, and is nearing practical completion. The council expect to provide a formal response to the claim in the near future."

A spokesperson for the diocese of London said on Tuesday: "The plans have been looked at closely by English Heritage, who support the development."