This item I have copied from from The Forester December 24 2009 (Page 39).

Public Notices

DISUSED BURIAL GROUND (AMENDMENT) Act 1981

THE OLD CHAPEL, THE SQUARE, RUARDEAN, GLOUCESTERSHIRE.TAKE NOTICE that:

1 The owners of The Old Chapel, The Square, Ruardean, Gloucestershire intend to remove, deface and destroy any tombstones, monuments or other memorials commemorating deceased persons now erected at or around the burial ground adjoining The Old Chapel unless such tombstones, monuments or other memorials are claimed by those having legal title to them within two (2) months of the date of this notice.
2 After two (2) months from the date of this notice any graves at The Old Chapel, Ruardean, Gloucestershire will be inaccessible to the public.
3 A list of the graves in the burial ground adjoining The Old Chapel, Ruardean, Gloucestershire and of any tombstones, monuments or other memorials commemorating deceased persons may be inspected at the offices of Messrs David J. Barry, Solicitors, Clytha House, 44 new Street, Ross-on-Wye, Herefordshire. HR9 7DA on normal working days between the hours of 9am and 1pm until 29 January 2010.
4 The personal representatives or relatives of any deceased person buried in the burial ground may undertake the removal and reinterment or cremation of the remains of any such person and the removal and disposal of any tombstone, monument or other memorial commemorating any such person within two (2) months of the date of this notice by serving notice in writing on the owners at David J. Barry, Solicitors, Clytha House, 44 New Street, Ross-on-Wye, Herefordshire. Hr9 7DA within four weeks of the date of this notice.

Dated 24th day of December 2009
Signed David J. Barry
Clytha House, 44 New Street, Ross-on-Wye,
Herefordshire. HR9 7DA

Solicitors for Reginald Eric Duberley and Robert Eric Duberley, legal owners of The Old Chapel, The Square, Ruardean, Gloucestershire.

Thank you for publishing this

I'm going to recheck for some of my "tree" - horrified

Keen to know when the Solicitors are open for business - Jan 4th at a guess :-(

The sale will be subject to the provisions of the Disused Burial Grounds (Amendment) Act 1981. This means that it will then be the responsibility of the buyer to maintain the burial ground and to ensure that all legal requirements are complied with. This includes making facilities available for family members and others to visit the burial ground, usually on prior notice. The purchaser should be bound by covenant to allow access to the public on notice.

When the burial ground is being sold the sale will often be the subject of numerous specific covenants or premises both positive and negative binding on the new owner to try and ensure that people are still able to visit the graves, that the grounds are maintained, and the legal framework in the Disused Burial Grounds (Amendment) Act 1981 is followed and memorials are not wilfully and inappropriately damaged.

Building work can, however, be undertaken if a disused burial ground is acquired by a Local Authority and planning permission has been granted for the development. It is not necessary for the development to be used by the Local Authority.

Building work can also be undertaken on a disused burial ground if the procedures set out in the Disused Burial Grounds (Amendment) Act 1981 are followed. This involves notices and advertisements similar to that described above in connection with moving headstones. The Department for Constitutional Affairs and Commonwealth War Graves Commission should be informed of plans at an early stage.

Burial grounds can only be developed for purposes other than a church extension where the burial ground has never been used for human burials or where no relative or personal representative of the deceased buried on the grounds objects to the development.

Where building work that will disturb human remains is to be carried out, all remains MUST be exhumed and re-interred, whether or not relatives have come forward. The church must pay for this and the process is expensive.

The church or any owner of the burial ground cannot begin to erect any building on the burial ground until the human remains have been removed and the headstones and memorials removed in accordance with the necessary procedures described below, please see the section on Removing Human Remains.
Guidance notes are also available from the Department for Constitutional Affairs (telephone 0207 210 0036).

It is an offence to remove or to disturb human remains without complying with appropriate procedures.

Removal of human remains from a graveyard will require a licence and this must be obtained before work begins from the Department for Constitutional Affairs, Coroners Unit, 5th Floor, Steel House, 11 Tothill Street, London, SW1H 9LH, telephone 0207 210 0036, fax 0870 739 5849 or email general.enquiries@dca.gsi.gov.uk.

In 2007 (?) the Coroners division was tranferred to the MoJ

Coroners Division,
Ministry of Justice,
5th Floor, Steel House,
11 Tothill Street,
London
SW1H 9LH

Phone: 020 7210 0049 / 0066
Fax: 0870 739 5849

http://www.justice.gov.uk/index.htm

and specific notes re Burials
http://www.justice.gov.uk/guidance/burials.htm

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Ἀριστοτέλης A Gloster & Hereford Boy in the Forest of Dean ><((((*>

Is there a list please of all the people buried there so that we can check it against our family trees? I am very concerned that this should happen. I live in a city where a church became a community centre a couple of decades ago, the grave stones were laid flat, cars now drive over them and park on them and the consequence is that they are not longer legible!

Hi rooksancestrybest

Regarding a listing of persons buried etc.
Please see item 3 of the notice.
Being Solicitors they will probably charge you for looking !!

Regards
Forest

When I enquired about photographing the headstones for transcription some time ago I was given this list by Reg Duberley. The burial ground is very overgrown, and has many potholes which he considered dangerous, but I will ask again about photographing the headstones in the spring, when the ground is drier.

HEADSTONES AT RUARDEAN CONGREGATIONAL CHAPEL
Compiled by Reg. Duberley

Name Died Age (years)
Mary Ann BRAIN 22 Aug 1866 77
Moses BRAIN 8 May 1887 75
Mary Ann BENNETT 29 Nov 1883 28
Emily Jane GARDINER 3 Nov 1886 18
Leah KING 28 Feb 1853 21
Luther CHIVERS 20 Feb 1857 22
Enos CHIVERS 24 Jun 1860 57
Emmeline CHIVERS 18 Feb 1855 11
Thomas MEEK 19 Mar 1823 65
Mary MEEK 11 Mar 1839 81
James MEEK 29 Nov 1891 67
Mary CHIVERS 13 Feb 1896 45
John CHIVERS 24 Jan 1865 77
Jane CHIVERS 14 Apr 1891 77
Elizabeth HORLICK 11 Jul 1864 81
Rev. John HORLICK 22 Feb 1858 81
Joseph BLANCH 14 Apr 1855 64
John RUDGE 23 Sep 1840 45
Mary BLANCH 21 May 1885 73
Ann EVANS 12 Mar 1833 59
John EVANS 6 May 1826 21
Ann BRAIN 1897 N/A
Wilfred T BRAIN 31 Jul 1854 1
Leah HORLICK 8 Jul 1852 37
Elizabeth MARFELL 22 May 1853 46
Mary Ann BRAIN 5 Feb 1853 36
Thomas BRAIN 15 Sep 1865 57
William EVANS 9 Apr 1880 39
Elizabeth (daughter) 1 Oct 1907 38
Joseph EVANS 16 Mar 1875 67
Kesia EVANS 13 Jan 1837 27
Ann EVANS 6 Dec 1877 70
Elizabeth EVANS 23 Mar 1878 41
Kesia EVANS 17 Aug 1874 2
Mary TAYLOR N/A N/A
Henry TAYLOR 22 Apr 1840 48
Henry TAYLOR 16 Jun 1811 N/A
Thomas TAYLOR 28 Dec 1858? 31 Melbourne Australia
William TAYLOR N/A 12
Thomas TAYLOR 27 Mar 1863 72
------------------------------------------------------------------------------

Another house was licensed for the mission in 1782 and a chapel was built in the village in 1798. During the ministry of John Horlick, 1801-51, who also served Mitcheldean, the congregation grew; in 1804 a gallery was erected in the chapel and in 1813 the building was enlarged. Horlick, who in 1808 registered a collier's house for worship, claimed an average congregation of 130 for the chapel in 1851. The meeting, later called Congregational, had 25 members in 1900. The chapel closed after 1960 and was used as a carpenter's store and was in disrepair in the late 1980s.

http://www.british-history.ac.uk/report.aspx?compid=23261

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Planning Application Search

Location: The Old Chapel The Square Ruardean Gloucestershire GL17 9TJ

Development: Alterations and conversion of existing chapel to create a dwelling and ancillary self contained granny flat. Construction of new vehicular access. (Revised scheme).

http://www.fdean.gov.uk/nqcontent.cfm?a_id=6918&tt=graphic&externalurl=planning...

As this 2007 Planning Application was refused, there probably was a revised application submitted later but I'm unable to locate any reference to it.

----

Many of my own Watkins extended family attended the Congregational Chapel

Ruardean Organist for 36 Years

HEADSTONES AT RUARDEAN CONGREGATIONAL CHAPEL
Compiled by Reg. Duberley
sorted by family and year by Slowhands

Name Date Age Note

Mary Ann BENNETT 29 Nov 1883 28
Joseph BLANCH 14 Apr 1855 64
Mary BLANCH 21 May 1885 73
Mary Ann BRAIN 5 Feb 1853 36
Wilfred T BRAIN 31 Jul 1854 1
Thomas BRAIN 15 Sep 1865 57
Mary Ann BRAIN 22 Aug 1866 77
Moses BRAIN 8 May 1887 75
Ann BRAIN 1897 N/A
Emmeline CHIVERS 18 Feb 1855 11
Luther CHIVERS 20 Feb 1857 22
Enos CHIVERS 24 Jun 1860 57
John CHIVERS 24 Jan 1865 77
Jane CHIVERS 14 Apr 1891 77
Mary CHIVERS 13 Feb 1896 45
John EVANS 6 May 1826 21
Ann EVANS 12 Mar 1833 59
Kesia EVANS 13 Jan 1837 27
Kesia EVANS 17 Aug 1874 2
Joseph EVANS 16 Mar 1875 67
Ann EVANS 6 Dec 1877 70
Elizabeth EVANS 23 Mar 1878 41
William EVANS 9 Apr 1880 39
Elizabeth EVANS 1 Oct 1907 38 (daughter of William EVANS)
Emily Jane GARDINER 3 Nov 1886 18
Leah HORLICK 8 Jul 1852 37
Rev. John HORLICK 22 Feb 1858 81
Elizabeth HORLICK 11 Jul 1864 81
Leah KING 28 Feb 1853 21
Elizabeth MARFELL 22 May 1853 46
Thomas MEEK 19 Mar 1823 65
Mary MEEK 11 Mar 1839 81
James MEEK 29 Nov 1891 67
John RUDGE 23 Sep 1840 45
Henry TAYLOR 16 Jun 1811 N/A
Henry TAYLOR 22 Apr 1840 48
Thomas TAYLOR 27 Mar 1863 72
Thomas TAYLOR 28 Dec 1858? 31 Melbourne, Australia
Mary TAYLOR N/A N/A
William TAYLOR N/A 12

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Ἀριστοτέλης A Gloster & Hereford Boy in the Forest of Dean ><((((*>

This notice sets out how existing buried remains and tombstones will be handled.

DISUSED BURIAL GROUNDS (AMENDMENT) ACT 1981

NOTICE OF INTENTION TO REMOVE HUMAN REMAINS, TOMBSTONES, MONUMENTS AND OTHER MEMORIALS FROM THE BAPTIST CHAPEL, CAERLEON BURIAL GROUND.

1 For the purpose of the erection of 3 houses, it is necessary to remove human remains, tombstones, monuments and memorials commemorating deceased persons.

2 In accordance with the provision of the Disused Burial Grounds (Amendment) Act 1981, notice is hereby given that Hale Williams Developments Ltd., intend 2 months after the date of the first publication of this notice to remove tombstones, monuments or other memorials of deceased persons whose names, so far as they can be ascertained, are as follows.

(To see the list removed)

3 A plan of the present place of burial showing the positions of the graves, tombstone, monuments or other memorials, are now deposited at 67a Bridge Street, Usk, Gwent and may be inspected free of charge between 9am and 5pm Mondays to Fridays, before 24th March.

4 Any personal representative or relative of any deceased person whose remains were interred less than 50 years ago may give formal notice in writing to the undersigned of objection to the proposal to erect the building and if such objections not be withdrawn, the proposal to erect the building shall not have effect.

5 Any person who is an heir, executor, administrator or relative of any deceased person whose grave, monument, tombstone or other memorial is to be removed, or in case of a Commonwealth war burial, the Commonwealth War Graves Commission, may give written notice to the un­dersigned before March 24th 1988 of intention to undertake the removal of such remains, tombstone monument or other memorial commemorating the deceased person and thereupon he will be at liberty, provided he applies for the Secretary of State's directions for the removal of human remains as soon as possible after giving such notice and that such directions are issued, to cause such remains to be removed and reinterred in any churchyard, burial ground or cemetery in which interments may legally take place or, if desired, cremated. Application for the Secretary of State's directions should be made to the Secretary of State, Home Office, E4 Division, Room 205, 50 Queen Ann's Gate, London SWIH 9AT.

6 If the notice in paragraph 5 above has been given within the prescribed time or if after such notice has been given, the person giving notice have not removed the remains etc.. Hale Williams De­velopments will cause all such tombstones. Monuments, Memorials to be disposed of as follows: Cremation at Gwent Crematorium, Croesyceiliog, Cwmbran, in accordance with the directions given by the Secretary of State:

1 The removal shall be effected with due care and attention to decency.
2 The ground in which the remains are interred shall be screened from the public gaze while the work of removal is in progress.
3 Freshly made ground lime shall be freely sprinkled over the coffins, the soil and, if it should be found necessary, elsewhere.
4 The removal shall be carried out to the satisfaction of the Director of Environmental Services for the Borough of Newport, and shall be in accordance with any additional conditions he may im­pose.
5 The remains shall be placed in fresh shells or other such containers as meet the requirements of the said Director of Environmental Services.
6 The remains shall be forthwith conveyed to the Gwent Crematorium and there be cremated in accordance with the Cremation Acts 1902 and 1952.
7 Any persons entitled to burial rights at the date of this notice may claim compensation In respect of loss of such rights by writing to the undersigned.

Dated this day 2 March 1988.
M WILLIAMS On Behalf of Hale Williams Developments
67a Bridge Street, Usk, Gwent.

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Ἀριστοτέλης A Gloster & Hereford Boy in the Forest of Dean ><((((*>

Regrettably I have only just caught up with this thread as I have been away. However at least four of those listed are relatives of mine. The Rev John Horlick was my gggrandfather and Elizabeth Horlick was his wife. Leah Horlick was one of his daughters as was Elizabeth Marfell (nee Horlick).

Can anyone tell me what the current situation is concerning the future of the gravestones? I would have thought that at the very least a photographic record should be established.

I have read the copious regulations posted but am still not clear as to the responsibility of the developer/owner to maintain and ensure access to the gravestones.

I suggest you lodge your "case" with the Solicitors Monday morning as the 2 month window is almost closed.

The HORLICK's are an "important" family in Ruardean's history .....

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Ἀριστοτέλης A Gloster & Hereford Boy in the Forest of Dean ><((((*>

Hello
Is there a possibility of emailing the office of David Barry or getting a list of the named tombstones?

As I live in NZ it is a bit tricky.

Thanks
Rita

Sorry I should have read one of the other emails. Just found the list

Thanks

Rita

Reproduced from This is Gloucestershire Newspaper, Thursday, April 29, 2010

The gravestones of the Forest's famous Horlick family could be destroyed unless they can be relocated.

The Diocese of Gloucester will decide on the fate of seven headstones - including relatives of malted milk pioneers the Horlick family - which stand in the grounds of the old non-conformist chapel in Ruardean.

Reg and Robert Duberley, who own the former Congregational Union Church, want to redevelop the site - including the graveyard.

District councillor and historian Andrew Gardiner wants to save any stones that remain intact by moving them to St John the Baptist Church in Ruardean.

He said: "There are about 20-30 stones and about seven are still in reasonable condition for moving.

"I think it's important that our history isn't lost."

Andrew found out about the stones through a legal notice placed in The Forester on Christmas Eve last year. It called for any families with relatives buried at the old chapel to come forward.

No one replied to the notice and several months of research by Mr Gardiner has failed to turn up any living family members.

One of the names is that of Pastor John Horlick - a relation of the malted milk inventors William and James Horlick.

Together with parish priest the Rev Nick Bromfield, Andrew has now applied to have the headstones moved to a new part of the cemetery at St John's.

Mr Bromfield said: "We can't move the remains but we have asked if we can move the headstones in order to preserve them.

"I think it's a great idea but we have to go through a formal process with the diocese."

A decision is expected in the next few weeks but it is thought to be one of the first applications of its type in the Dean.

The non-conformists began as an off-shoot of the Anglican church and the chapel in Ruardean was built in 1798.

The chapel ceased to be a place of worship in the 1970s.

Some of the stones in the graveyard are more than 150-years-old.

Mr Bromfield said that he thought that even though the people who were buried weren't members of the Church of England they would be satisfied with the solution.

He said: "I hope that they would be happy that the gravestones will at least be kept on holy ground."

Reg Duberley who owns the Chapel site said he was supportive of any attempt to save the stones.

Many thanks to Simon, alias 'forest', for bringing this article to our attention.