Headstones removed from an Old Noarlunga cemetery without approval, local council claims

The landowners of a heritage-listed graveyard and Anglican church in Adelaide’s south removed numerous headstones without council approval, according to court documents.

Several headstones were moved at the cemetery, court documents reveal. Picture: Google Maps.

The landowners of an Old Noarlunga heritage-listed graveyard and Anglican church removed numerous headstones without council approval, according to court documents.

Old Noarlunga Pty Ltd, the owner of land at 30 Church Hill Rd – known as ‘The Cemetery on the Hill’ – received development consent from the council in October last year for “internal and external building works to stage heritage church”.

However, according to documents tabled in the Environment, Resources and Development Court, council officers inspected the St Philip and St James Anglican Church and Graveyard on April 15 this year and found 13 distinct issues, including the removal of headstones and concrete around grave sites in the southwestern corner of the land.

The front entrance gate and the concrete path around a portion of the perimeter of the church had also been removed, the council claims.

Officers also noted unauthorised cameras on the church and on freestanding poles, perimeter cyclone fencing, a masonry wall near the entranceway and a stone garden bed over a gravesite.

The council’s records show that development approval had not been granted for any of the works. Court document reveal it issued a section 213 notice on May 18 this year.

It had given the owners a month to remove the fencing, stone garden, masonry wall, and the cameras.

Several headstones and the front entrance gate were removed from the cemetery. Picture: Cathy Adams.

It must also reinstate or replace, “to the satisfaction of Heritage SA” within six months from the date of the notice, “all grave sites you have altered including headstones and concrete around the perimeter”, the front gate and the concrete path around the church.

However, in its notice of appeal, the landowners said the notice was “vague and uncertain”.

“The (council) does not have reason to believe on reasonable grounds that the act has been breached by the applicant in the manner alleged,” it stated.

“The respondent has acted beyond its powers … by directing the applicant to take a course of action that does constitute or relate to the alleged breaches.

“The notice has been issued prematurely and it was neither necessary or appropriate for the respondent to issue the notice in all the circumstances.”

They also submitted the directions in the notice are “not necessary or appropriate in the circumstances”.

“In any event, the directions in the notice are unseasonable, including the limited and unreasonable time frame for compliance,” they said.

“It would … be wholly unreasonable to require the applicant to comply with the directions in the notice prior to the determination of the issues in the appeal.”

The matter returns to court in July.

Originally published as Headstones removed from an Old Noarlunga cemetery without approval, local council claims