Issue details

On Friday, 19th December 2025, it was reported that the southern retaining wall had collapsed. Following a review of the structure and discussions with a structural engineer, it is believed that the wall failed due to hydrostatic pressure caused by water retention. The excess water infiltrated the sandstone, leaving it weak and saturated, which ultimately led to the failure of the wall. The collapse affected a private road, which was secured on the same day. Since the incident, the Capital Projects team has been working with structural engineers and contractors to develop a practical solution.

Under the Local Government Act 1972 Section 215, a PCC may give notice to the Parish Council requiring them to take over the responsibility of maintaining a churchyard which has been closed by Order in Council. Three months after the giving of the notice, the Parish Council becomes legally responsible for maintaining the churchyard, unless it gives notice under the same Act to the District Council or Unitary Authority, requiring them to take over the responsibility. However, it is normal practice for a PCC to give informal notice twelve months before serving the formal notice.

Historically Teignbridge District Council have maintained all assets in nineteen closed church yards across the district. On this basis is has assumed that the correct closure notices have taken place and therefore it has a legal obligation to carry out these works.