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20
PEEL GROVE CEMETERY.
In May, Mr. Chambers, the lessee of the Cemetery, applied for the
approval by the Vestry of plans for draining the houses proposed to
be erected by him. The Vestry declined to approve the plans.
Subsequently an application was made to the Metropolitan Board of
Works, for permission to form a now road across the Cemetery. The
views of the Vestry as to the application having been asked by the
Board, at the Mooting on the 3rd July, it was resolved :
"That in the opinion of the Vestry it is extremely objectionable that any houses
should be erected on the disused Burial Ground in Peel Grove, unless, and until, the
bodies lying there have been previously properly removed."
On the 13th November, Mr. Chambers, the lessee, with Mr. Brooks,
his solicitor, and Mr. Hills, his architect, attended the Works Committee.
Mr. Brooks stated the Order in Council made on the 7th July, 1868,
being nugatory, his client intended to build on the Cemetery, and to
make a 40 foot road across it to Alfred Place. That it was also
intended to lay concrete under the houses and the sites of the yards, and
to put the drains upon the concrete. It was alleged on behalf of the
lessee, that there were no bodies within 7 feet of the surface, and that
further plans would be sent in for approval by the Vestry. In In December
Mr. Chambers made a further application for approval of a plan
for draining the proposed houses, but it appeared to the Vestry such
drains as these proposed would, from the certainty of the subsidence of
the ground, be insecure, notwithstanding their being laid on concrete,
and the Vestry declined to approve the plan. Permission to form the
proposed now road was not granted by the Metropolitan Board of Works
At the Vestry Mooting on the 6th December, Mr. Cornelius Kemp,
of Green Street, presented a memorial, with about 300 signatures,
from residents in this and adjoining parishes, many of whom had
relatives buried in the Cemetery, setting forth objections to the
Cemetery being built upon.
Mr. Kemp was informed the Vestry would use every means to prevent
the ground being built on.
The Clerk, many years ago, pointed out that a decision of the Court
of Queen's Bench shewed that the Order in Council of July, 1868,
with respect to Peel Grove, was, being ultra vires, invalid. The Vestry
wore further advised that they had no power to stop building because
a nuisance might arise from it, and that it was no offence at Common