Closed Churchyard
In 1962 the Toddington parish council received from the Toddington Parochial Church Council notice of their intention to apply to the Luton Rural District Council for Certificate whereby pursuant to the provisions of the Burial Act 1855 and the Local Government Act 1933, the functions and liability of the Parochial Church Council with respect to the maintenance and repair of the churchyard were automatically transferred to the Parish Council.
Preliminary negotiations had taken place on the matter, so the action taken came as no surprise nor was any substantial incurred liability passed over. The effect of the Order was that the cost of maintenance and the sum required to carry out work became a parish charge and as such part of the annual budget for the parish rate.
The freehold of the Churchyard, however, remains vested in the Incumbent of the Parish. Neither the Incumbent, nor the Parochial Church Council, nor the Parish Council even when they acquired an interest by reason of their responsibility for maintenance, nor even all of them together wishing to act in conjunction, may alter the layout of the Churchyard, nor remove any monuments without a Faculty.
No control of the Churchyard is given to the Parish Council, nor are the powers of the Incumbent affected. If the Church Authorities are of the opinion that the standard of maintenance (“decent order”) is too low, they can apply to the Court for an Order directing the Local Authority to put the Churchyard in decent order. The Court will then decide whose standard is the correct one in all the circumstances.
Since the responsibility has been placed upon the Parish Council have maintained the Churchyard to a very high standard and unquestionably far above what is statutorily required of them. The central position of the Church and Churchyard is a focal point in the village and the general effect well repays the labour spent upon its maintenance. On two occasions the Wall has needed repair for in vehicles running into it but both instances were fully covered by the policy of insurance taken out against such an eventuality.
Preliminary negotiations had taken place on the matter, so the action taken came as no surprise nor was any substantial incurred liability passed over. The effect of the Order was that the cost of maintenance and the sum required to carry out work became a parish charge and as such part of the annual budget for the parish rate.
The freehold of the Churchyard, however, remains vested in the Incumbent of the Parish. Neither the Incumbent, nor the Parochial Church Council, nor the Parish Council even when they acquired an interest by reason of their responsibility for maintenance, nor even all of them together wishing to act in conjunction, may alter the layout of the Churchyard, nor remove any monuments without a Faculty.
No control of the Churchyard is given to the Parish Council, nor are the powers of the Incumbent affected. If the Church Authorities are of the opinion that the standard of maintenance (“decent order”) is too low, they can apply to the Court for an Order directing the Local Authority to put the Churchyard in decent order. The Court will then decide whose standard is the correct one in all the circumstances.
Since the responsibility has been placed upon the Parish Council have maintained the Churchyard to a very high standard and unquestionably far above what is statutorily required of them. The central position of the Church and Churchyard is a focal point in the village and the general effect well repays the labour spent upon its maintenance. On two occasions the Wall has needed repair for in vehicles running into it but both instances were fully covered by the policy of insurance taken out against such an eventuality.
Above are notes from the Toddington Historical Society – held in Toddington Library
The wall has continued to be hit by vehicles, including in 2024, see Church Square
St George of England Parish Church, Church Square, Toddington, Bedfordshire, LU5 6BP.
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