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Alphabetical Index of all judgments on this web site as at 4 June 2020

Index by Dioceses of all judgments on this web site, as at 4 June 2020

Extensions

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The proposals included the building of an extension adjoining the north-west corner of the church; the reordering of the west end of the nave (including the erection of a meeting room; the moving of the font to the middle of the south aisle; and the removal of pews from the south aisle, in order to create a flexible space. The Chancellor granted a faculty.

Faculty refused for a two-storey church extension on the grounds of size and appearance.

The faculty petition proposed a major reordering of a Grade II* listed church, the details of which are too numerous to include in this brief note, but included the replacement of the vestry with a four storey extension to the church, to provide meeting rooms and offices; the removal of the pews and replacement with Howe 40/4 chairs; the carpeting of the whole floor; and the creation of a kitchen. The amenity societies involved objected to several of the proposals. The Chancellor granted a faculty for the majority of the items. One of the items he declined to approve was the carpeting of the nave.

The proposals were for extensive reordering of the Grade II church and the building of an extension in the churchyard to accommodate toilets, a kitchen, a store room, a meeting room and refurbished choir vestry and vicar's vestry and toilet. The extension would be built over one known grave of a married couple, who died in 1975 and 1980 respectively. The Chancellor was satisfied that, because the church extension would be built on piles, the grave would not be disturbed. He was also satisfied that the petitiners had discharged the burden of proving that (quoting Lord Penzance in Peek v Trower [1881]) "the church will be more convenient, more fit for the accommodation of the parishioners who worship there, more suitable, more appropriate, or more adequate to its purpose than it was before".

The petition proposed the construction of extensions to the south side of the Grade I church to house a new toilet block, a kitchen and a cafe with a grill-pattern design on the western elevation, opening on to the adjoining Trinity Square. The petition was unopposed. The Society for the Protection of Ancient Buildings (SPAB) acted as the lead commentator for the amenity societies. They acceded to the principle of the extensions and concentrated their response on some technical and practical matters about which they offered observations and advice. The Chancellor granted a faculty.

The rector and churchwardens  sought a faculty for the erection of a church centre by way of a substantial extension to the existing Grade I listed building. The Chancellor granted a faculty.

The proposal was to add a single-storey extension at the north-west corner of the Grade I listed church, to provide a lobby, kitchen, servery, a Garden Room, a storeroom and toilets. Fourteen members of the congregation submitted letters of objection in response to the public notices. The main ground for objection was the potential impact of the extension on the Memorial Garden which it would overlook, that it would be a cause of upset to the family members of those whose ashes are interred there and prevent its use for quiet reflection and remembrance. The Chancellor was satisfied that the petitioners had made a good case for the proposed works and granted a faculty.

The proposal was to erect a temporary classroom building within the churchyard (which was closed for burials), pending the completion of an extension to the Church of England school. The Chancellor granted a faculty, subject to conditions which included the removal of the temporary building within two years. The Disused Burial Grounds Act 1884 prohibits the erection of a building on a closed churchyard, unless for the purpose of enlarging a church, chapel, meeting house or other place or worship. In the present case, the temporary building would be linked to the church and would be available for use by the church on Sundays.

The petition related to the construction of a new two-storey extension on the north side of the church building and a car park to the west. The amenity societies approved the proposal, but two parishioners became parties opponent. The Chancellor was satisfied that there was no reason why he should not follow the decision of the local planning authority to grant a planning consent, and he therefore granted a faculty for the works.

Faculty granted for the construction of an extension to the north side of the church. This judgment follows on from the judgment in Re St. Mary Kenardington [2013] Morag Ellis Comm. Gen. (Canterbury).