A war hero has been granted permission to be buried in his town's churchyard.

Joe French will be able to re-use his great-grandfather's grave at All Saints' Church in Brightlingsea.

The 90-year-old had wanted to reserve a burial plot but changed his petition on the third day of a consistory court hearing.

George Pullman QC, chancellor of the Chelmsford diocese, told Mr French his application had been wholly admirable and was successful.

Outside the court, Mr French said: "I am happy. I think the court has been run very professionally.

"If I make use of what can be a family grave where my great-grandfather was buried in about 1899, that will release a place for others in the town."

In closing submissions for the Rev Richard Salenius and the Parochial Church Council, Philip Petchey argued that paths highlighted for burial use by the town council were not suitable.

He said: "Reasonable access is important in any churchyard, particularly where it is access to recently buried areas that is being considered, and it will not assist in the seemly commemoration of the dead if the churchyard becomes cluttered."

Mr Petchey also suggested all sides could investigate the possibility of re-using an area full of unmarked graves.

Mr Pullman is due to make a decision in two weeks time over whether paths in the churchyard can be used for burials and if the churchyard is full.

In closing submissions for the town council, which funded a geographical survey to prove there is virgin land in the churchyard, Mark Bishop claimed the PCC and vicar had taken an "over rigid" view of the fact the site is full.

He said: "It is agreed that all parishioners have a common law right to be buried in their churchyard if there is room.

"If the churchyard is not full, the legal right of the parishioners should be honoured."

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Published Friday, November 19, 2004

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