Neighbourhood, Environment and Communities Cabinet Member – Minutes – 3 February 2009

56 (17) ST HYBALD’S CHURCHYARD, HIBALDSTOW – The Service Director Neighbourhood and Environment submitted a report seeking approval to bring the maintenance of St Hybald’s Churchyard, Hibaldstow, up to an acceptable standard.

St Hybald’s Churchyard, Hibaldstow was officially closed by Order of the Parochial Church Council in 1977 and the responsibility for maintenance passed to Hibaldstow Parish Council. Hibaldstow Parish Council had three months to pass the maintenance responsibility to the local authority. Hibaldstow Parish Council wrote to the then Glanford Borough Council regarding this and was informed by Glanford Borough Council that before taking over the responsibility, the council required certain works to be carried out to bring the area back to “standard”.

Section 215 (3) of the Local Government Act 1972 stated that if a request was made within three months of the closure of a churchyard, the Council “shall maintain it by keeping it in decent order and its walls and fences in good repair”.

The correspondence between the two resulted in Hibaldstow Parish Council not transferring responsibility to the District Council.

The Service Director Neighbourhood and Environment met with representatives from Hibaldstow Parish Council and made a “without prejudice” offer for North Lincolnshire Council to return the churchyard to an acceptable standard. The Parish Council, who would henceforth continue to be responsible for the ongoing maintenance, accepted this offer.

The costs were set out in the appendices to the report.

Resolved– That approval be given for North Lincolnshire Council to upgrade St Hybald’s Churchyard, prior to Hibaldstow Parish Council taking responsibility for the maintenance of the churchyard.