With the sale of disused churches to property developers not uncommon these days, it would be wise for groups to be aware of procedures they could take before any damage is done. The following is advice given to a small group seeking information on graveyard law regarding moving headstones. They were concerned about such a church – a listed building – within the grounds of a Victorian hospital in their area. The owner was proposing to demolish the lynch gate and had cleared away headstones in the garden.
The curtilage of a Listed Building is protected on a parity with the building itself. The term curtilage is seldom defined as an area but if the adjacent buildings/ structures reflect the ambience and style of the main building, they should enjoy similar protection. In a 1994 Consistory Court ruling on West Norwood Cemetery the ruling was that the whole cemetery was protected by the Listing not just an individual grave or building.
The group should urgently approach the Conservation Officer of the local authority (and possibly copy to Historic England) and state that the lychgate needs a Listed Building Consent in order to be demolished and ask if any permission has been granted. Secondly the group should approach the Planning Panel of the local authority to ask for a list of conditions imposed on the developer (with a copy to the Planning Enforcement Officer of the local council).
If the church was formally classed as a “disused church” by the church governing body, the authority would normally set a list of conditions on existing graves and memorials. A church in a mental hospital would have been "dedicated" by the Bishop, a stage below "consecrated" which would allow baptisms etc of nonconformist attendees from within the patients/staff communities. Even so, part of the burial ground may have originally been consecrated. When the church was classed as disused, clear instructions should have been laid down by a panel normally referred to as the Redundant Churches Directive.
More in Saving Cemeteries under the heading “Removing memorials” page 14.