DESPITE local objection, the PCC of St Mary’s, East Molesey, in the diocese of Guildford, has been granted a faculty permitting headstones in its churchyard, some of which are more than 200 years old, to be relocated to the boundary walls so that a central space can be created for community activities.

St Mary’s is on a Norman site, but the present church dates from 1865, and is Grade II listed. The churchyard was closed to new burials in 1861, with the exception of family vaults.

There are about 111 headstones, box tombs, and tablets in the churchyard surrounding the church. Two are listed tombs: a mid-18th-century chest tomb of red brick on a plinth, and a chest tomb dating from the 1780s dedicated to R. Woods.

The churchyard is well maintained, but there is a haphazard placement of many headstones, which means that the churchyard cannot be used as a communal space. There was also concern about some of the headstones that had become unstable and posed risks to visitors.

The proposal was to retain all the box tombs, including the two listed tombs, in their present positions, and to relocate 64 of the headstones to the perimeter of the churchyard, preserving their historical significance, while creating “a safe and welcoming outdoor space for events, activities and quiet reflection” in the centre of the churchyard.

A community consultation process was conducted in late 2024, and an internal public notice was posted locally with a summary of the proposals. That resulted in some opposition to the proposals.

A local resident said that the proposals were “completely outrageous”, on the basis that people who had died had paid for the right to be buried there. Another said that the proposals would “publicly visually erase this community historic resource, to the detriment of the visual character and history of the place” as East Molesey’s only graveyard.

Another identified the churchyard as “an attractive little graveyard that has an evocative atmosphere about it of times past as it weathers each of the seasons through the year, representing a very English traditional scene”, and said that “its erasure will be a loss also in that sense to the community visually as well as culturally.” He suggested that the church would get a “small lawn”, but could use a “substantial park area within ten minutes’ easy walk”.

Those who favoured the proposals responded that the close proximity to the church building was what made it such a useful space for church and community life, with lavatories and a kitchen on hand.

On 22 January, the DAC, including the Archdeacon of Dorking, carried out a site visit with the Vicar, the Revd Nathaniel Kurz. They considered the setting of the churchyard and examined the proposals, before recommending them to the Consistory Court.

The Diocesan Chancellor, the Worshipful Andrew Burns KC, said that the proposals would not result in harm to the significance of the church as a building of special architectural or historic interest. The churchyard would retain its essential spiritual atmosphere, with the headstones at the perimeter and the box tombs remaining in their present situation.

The missional advantages of the proposed changes, which would improve the usability of the churchyard, overcame the ordinary presumption in faculty proceedings in favour of things as they stood, the Chancellor ruled.

There was “clear and convincing justification for the proposals, with significant community and public benefit”, which would be “advantageous for pastoral wellbeing and improve the opportunities for mission, particularly for youth and children”, the Chancellor said.

It was, he said, “acceptable to use a churchyard where people were buried 200 years ago for activities in the service of the Gospel and it [was] not correct that a person who was buried in the churchyard had an absolute right to that grave and a memorial in perpetuity”.

The Chancellor pointed out that it was common for graves to be reused after 100 years, and the Law Commission of England and Wales had published a consultation paper (News, 4 October 2024) with proposals to reform the law on burial and cremation and the use of burial space.

The proposals would retain the attractive and traditional atmosphere of the churchyard, “with the headstones reverently relocated . . . enabling more people to enjoy and use this small and useful community space”, the Chancellor said. The proposals would not “erase the history of the churchyard or disrespect the memorials”, which would be retained in a more secure location.