The faculty jurisdiction and trees in closed churchyards: Re All Saints, Featherstone – Law & Religion UK
‘In Re All Saints, Featherstone [2025] ECC Lee 1, Wakefield Metropolitan District Council sought a confirmatory faculty for felling and removing an ash tree without lawful authority. The burial ground had been closed by Order in Council under the Burial Act 1853 and the maintenance obligation transferred to Wakefield MDC pursuant to s.215 Local Government Act 1972. Under the transfer of the duty of maintenance, Wakefield MDC was obliged to conduct routine inspections of the churchyard and to undertake “such works as are necessary to eliminate or reduce the risk of harm”. However, closed burial grounds remain subject to the faculty jurisdiction.’
Law & Religion UK, 11th March 2025
Source: lawandreligionuk.com