Graveyard stalls family’s sale plan

Couple stuck with converted church

IT’S the story of an old church, a little Tasmanian town, a family in limbo and the graveyard that needs a new owner.

Lucy and Russell Poulton could be described as reluctant sellers, a need to move to Hobart having pushed them to put their converted Bracknell church on the market.

Mrs Poulton had taken a job in Hobart and was living in the capital with two of their four children when a phone call from the Department of Premier and Cabinet brought their plans to an abrupt halt.

The couple was told the sale of the home could breach the recently amended Burial and Cremation Act – because the graveyard at the rear of the church cannot be transferred to just anyone.

“Even if we had the perfect buyer right now, we couldn’t sell it,” said Mr Poulton, who has remained in Bracknell with their two sons.

The Act, amended late last year as the Anglican Diocese of Tasmania was proposing to sell several churches, requires owners of cemeteries to advertise their intention to sell, conduct an audit and notify the regulator before a transaction.

Even then, a Tasmanian cemetery can now only be sold to a “body corporate with perpetual succession” – meaning an individual or family wanting to call the old Bracknell church home can’t simply buy it as the Poultons did in 2004.

Mrs Poulton said nobody had been able to give her clarity on what type of body corporate would satisfy the law.

She investigated the possibility of creating a strata, but is unwilling to spend more than $5000 without a guarantee the arrangement would be approved.

The Meander Valley Council does not support the Poultons subdividing the graveyard from their heritage-listed title.

“It’s really stressful,” Mrs Poulton said. “In the long run, it’s not just us [who is affected]. It doesn’t have to be this complicated at all.”

The old church was built in 1922, according to its foundation stone, and was originally a Methodist house of worship before it was passed to the Uniting Church in 1977.

Some of the 42 gravestones date back to the 1800s. The most recent burial was less than 50 years ago and the cemetery was closed in the 1970s.

Mr Poulton said the graveyard was covered in swathes of hawthorn when he and his wife bought the property.

In the 15 years since, he has repaired damaged iron fencing around some of the graves.

The couple have no issue allowing the two or three visitors a month to access the cemetery, as the law requires, and have kept the lawns mowed.

The building is now a fivebedroom home, with wood for the interior from the church’s fittings and paint colours matched with original shades.

Mrs Poulton has lobbied state politicians for further changes to the Act.

Treasurer Peter Gutwein said the Poultons’ circumstances could be considered during the next phase of the Act review.

“Whilst we understand the concern that has been raised, the important issue here is that a cemetery where the remains of people are buried is involved and this should not be lost sight of,” Mr Gutwein said.

Mrs Poulton said the family was facing the prospect of renting out their home.

“We’ve converted the church from something that was going to fall apart,” she said.