The future of a troubled cemetery, which seemed secure when a local council intervened to save it, is once more uncertain.

The historic Arnos Vale graveyard in Bristol had been the centre of controversy since its owner revealed he wanted to sell the site for development.

Tony Towner, from the Bristol General Cemetery Company, suggested relatives of those buried in the Brislington-based Victorian cemetery should be prepared to remove their remains.

That move led to a public outcry and forced the council to take action to obtain the compulsory purchase order (CPO).

We know people in Bristol feel very strongly that something needs to be done Councillor Helen Holland

But now the owners have applied to the High Court for leave to challenge the CPO.

The order was made in April 2001 and a public inquiry was held in May 2002 to hear the evidence in connection with the objections made by the owner.

That inquiry ended prematurely when the company withdrew its objections.

In October 2002 the CPO was confirmed but the cemetery company asked for leave to appeal in December.

'Major repair'

"This is a huge disappointment to the city council and the Friends of Arnos Vale who have campaigned so hard to save this historic cemetery", said Councillor Helen Holland, Deputy Leader of Bristol City Council.

"Arnos Vale is in an extremely neglected state with listed buildings, walls and paths in need of major repair.

"We know that people in Bristol feel very strongly that something needs to be done to redress this.

"The sooner we can gain control of the cemetery, the sooner we can begin to tackle the urgent works that are required and reverse its decline."

The application for leave is expected to be heard in the High Court in the spring.