Hello Pamela my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
There is only one option available and that is to seek a Judicial Review.
If the church has gone through the planning process then the Local Authority would have considered the impact in removing the gravestones.
Can the LA do this - yes they can
I know of a scheme in Birmingham putting in the new Metro line that removed part of a graveyard.
You can only seek a Judicial Review which is where a senior Judge considers the decision by the Council and sees if they are reasonable and legal.
A judge can agree with the decision or remit it back for further consideration.
You would need a Solicitor for this type of matter as proceedings are issued in the High Court.
Legal aid may or may not be available due to recent cuts.
But this is the process you need to follow and you must have a Solicitor due to the strict rules
I am sorry if this is not necessarily the answer you want but I have a duty to be honest
Can I clarify anything for you about this today please?
1. Surely the Local Authority would have a duty to contact previous objectors before proceeding?
1. Surely the Local Authority would have a duty to contact previous objectors or even plot holders?
2.If we went with your recommendation to seek a Judicial Review, what might be the cost implications if Legal Aid were not available.?
3. Isn't there a moral obligation on the part of Local Authority Planning Department.,The Church in Wales and/or the proposed purchaser to inform the concerned public?
Finally, I feel, along with other local people, that this is total reprehensible and sacriligious, this is after all consecrated ground for the burial of the dear departed, some of whom were war heroes. Surely this cannot be allowed?
Sorry for the delay.
1. No - that is nothing to do with the LA, it may be something the Church should do. But the notice for planning is published.
2. See above.
3. JR - yes there would be costs involved.
4. They may be a moral obligation, but that does not mean a legal obligation
I am very sorry but if the Church has gone through planning and it has been approved, legally your options are limited.
Can I clarify anything else for you?