A positive approach is needed from all parties in a graveyard row in order to heal the rift dividing the community, a court heard.

Brightlingsea town councillor Peter Patrick told a Consistory Court hearing the council has been trying to find an amicable way forward throughout the argument.

He told the Chancellor of the Diocese of Chelmsford, George Pullman QC, presiding over the hearing at the church: "This is a unique opportunity to find a positive way forward that will ensure that, for at least a few years, the much-loved churchyard here at All Saints will be open for burial."

The Rev Richard Salenius and the Parochial Church Council (PCC) argue it is full and should close.

Their application for closure was turned down by the Home Office, which ruled a piece of land known as the Donkey Walk had space.

But yesterday the hearing heard tree preservation orders in place in that area mean burials should not be carried out there. Mr Patrick said the council was happy to accept that.

Dr Julian Litten, an expert witness for the town council, claimed it's hard to walk anywhere in the churchyard without walking over a piece of ground underneath which someone is buried.

Mr Litten disputed a claim that markings on a geographical survey funded by the council were unmarked graves of still-born babies and suicides.

The hearing will continue tomorrow. Decisions on whether the churchyard is full, if paths can be used for burials and a grave reservation bid will be expected in two weeks.

Published Wednesday, November 17, 2004

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