THE Consistory Court of the diocese of Oxford has granted a faculty permitting the felling of a healthy mature lime tree in the churchyard of St Mary the Virgin, Denham, in order to improve visibility of an ancient yew tree in the graveyard area of the churchyard.
St Mary’s is a Grade I listed medieval parish church situated within the Denham village conservation area. In February, Dexter Brown petitioned for the faculty on behalf of the church, with the full support of the PCC.
The petition stated that the parish was going through a programme of improvements to the churchyard, and wished to improve the serenity, peace, and aesthetics of the graveyard, while also improving biodiversity and management in an ecologically beneficial way.
The ancient yew tree is located in the graveyard area of the middle churchyard, and the parish was concerned that, unless the lime tree was removed, the yew tree would remain cramped and visibility would be restricted. The parish wanted to fell the lime tree, grind out the stump, and re-grass the area.
The PCC argued that the removal of the lime tree would allow visitors to appreciate the magnificent ancient yew tree, and give it the space it needed to grow in the next stage of its life, and that it would bring the yew tree into focus as the linkage between the parish’s historic ancient churchyard and its two newer churchyards.
Display of the petition brought no objections from the public. No consultation was required with Historic England, the Church Buildings Council, or any of the national amenity societies.
Buckinghamshire Council, the local planning authority, had confirmed that it did not intend to make any tree preservation order in respect of the lime tree. The Diocesan Advisory Committee did not object to the felling of the lime tree.
The diocesan chancellor, the Worshipful Judge David Hodge KC, said that the court had emphasised the careful scrutiny that it would give to an application for the felling of a mature healthy tree. That was, he said, because the court was “mindful of the fifth mark of mission: to safeguard the integrity of God’s marvellous creation.”
In this case, the court was satisfied that, in all the circumstances, the felling of the single lime tree, while leaving others in situ, would cause no harm to the significance of the church, or to the environment and biodiversity of the churchyard. The parish had “shown a sufficiently clear and convincing justification for the felling of this single, albeit mature and healthy, lime tree in terms of the general appearance of the neighbouring ancient yew tree, and the ambience of the churchyard generally.”
The court also considered that it should pay “due deference to the PCC’s assessment of the general situation, and its wishes regarding the appearance of its churchyard”.
The faculty was subject to several conditions. The felling must take place in autumn 2026, after the nesting season, which starts in February and ends in September.
If any articulated human remains or significant archaeological deposits were discovered, the advice of the diocesan registrar must be sought and observed. No spoil was to leave the churchyard, and any charnel must be reburied with all due reverence.
The parish insurers must be notified before the felling of the tree, and the parish must comply with any recommendations or requirements imposed by the insurers.
The parish was encouraged to retain some of the felled timber to be used to provide low level habitat for smaller creatures.
If the lime tree was sawn down, the tree rings should be counted and the number recorded and retained in the parish records to confirm the likely age of the lime trees within the churchyard generally.
The parish must consult with the diocesan church buildings team about planting two replacement lime trees adjacent to the Queen’s 40th Jubilee Copse, planted in 1993.