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Alphabetical Index of all judgments on this web site as at 1 October 2022

Index by Dioceses of 2022 judgments on this web site as at 1 October 2022

Reordering

The churchwardens petitioned for a faculty to authorise the removal of the existing cast iron radiators and pipework in the church, the introduction of six convector heaters, and the introduction of an insulated ceiling in the vestry. The Diocesan Advisory Committee did not recommend the proposed insulated ceiling, stating that the vestry space was not a large one to heat; "the proposed ceiling would hide the timbers of the roof structure which, although not medieval, are substantial looking timbers with pegged joints"; and "the proposed ceiling may make the room feel 'claustrophobic' for those using it." The vestry was used by the parish priest as an office and the insulated ceiling had been proposed in order to prevent heat from the small heater being lost upwards to the high ceiling. The Chancellor was satisfied that the petitioners had made out a case of need,  and that the work would not cause damage to the fabric and was reversible. He accordingly granted a faculty.

The Chancellor granted a confirmatory faculty for the replacement of a modern octagonal entrance vestibule to the church by extending the front entrance and providing information panels about the Loseley Chapel; incorporating the former outside gravel area and south wall of the Chapel into an internal, informal meeting space; expanding the current kitchen area and the installation of underfloor heating throughout the new entrance and reception areas, together with reglazing and the renewal of the heating and ventilation system.

Faculty granted for a major re-ordering project.

The reordering works approved by a faculty granted in 2015 had not been completed within the time allowed. A new petition was presented, requesting authority to carry out the remaining items of work. Historic England and the Society for the Protection of Ancient Buildings had concerns about certain aspects of the proposals (including the pews, the heating system, raising the floors, carpeting, the screens and the glazing). However, the Chancellor was satisfied that a case had been made for the proposals and granted a faculty.

Petition for scheme including removal of pews and pew platforms at the back of the nave and in the north aisle and the construction of a new floor at the same level as existing aisles; installation of a kitchen at the back of the north aisle; introduction of new cupboards in the north transept; introduction of new chairs; improvements to the heating system". Faculty granted. The judgment contains a discussion as to what constitutes "demolition" or "partial demolition".

The petition proposed the formation of a new meeting room/children’s area, enclosed by timber and glass; removal of some pews in the nave, the nave aisle and the south aisle, and their replacement with chairs; lowering the raised pew platforms in these areas; disposal of a timber screen to the St. John’s Chapel; and alterations to heating and electrical systems, including the replacement of the existing boiler with a new oil fired boiler. There was one party opponent, objecting to the removal of some of the pews and to the meeting room. The Deputy Chancellor was satisfied that the petitioners had provided sufficient justification for the works and granted a faculty. As regards costs, the Deputy Chancellor determined that the party opponent had behaved unreasonably in certain aspects of the proceedings and directed that the party opponent should reimburse the petitioners 50% of the court costs attributable to the progression of the case to an oral hearing and 50% of the petitioners' inter partes costs, namely their counsel's fees.

A proposed reordering of the church included: removal of all the pews from the nave and side aisles; creation of a raised level floor throughout with underfloor heating; creation of 'pods' within the south and north aisles to house an office, kitchen and meeting room space above and chair storage; four WCs; relocation of the font; glazing in of the south transept chapel; glazed draught lobby. There were local objections and objections from some of the amenity societies. The Victorian Society made a formal objection. They objected to the pods, the removal of the pews, the raising of the floor, the impact loss of the removal of the chancel step, the underfloor heating above the columbarium , the glazing of the memorial chapel. The Chancellor granted a faculty: ‘I have, of course, considered the St Alkmund, Duffield test.  Are these “exceptional circumstances” where the public benefit outweighs the level of harm … It is with a somewhat heavy heart that I have to find that the needs of the parish and its current congregation are such that that test is made out.’

Proposed reordering works included re-ordering the replacement of the current heating system, the replacement of the pews with chairs, the installation of new flooring, the installation of a new kitchen and disabled toilet facilities, the improvement of access for those in wheelchairs and the converting of the warden`s pews at the back of the nave into cupboards. The purpose of the re-ordering of the Church was to open up the Church for community use, as part of its outreach to the mainly Muslim community in the parish. The Chancellor was satisfied that the reordering would be a major public benefit outweighing any harm resulting from it.

A major reordering of the Grade I church was proposed, including: a new timber floor with under-floor heating; a new ringing floor and glass screening to the tower; replacement of the pews with light-weight metal-framed chairs with wooden seats and backs; kitchenette and storage facilities; new lighting and audio-visual equipment. The Chancellor granted a faculty, being satisfied that the petitioners had made a good case for improving the church and its usability for both church and community use, in order to prevent further decline in the use of the church.

There were proposals for reordering and the objector objected to the moving of the tombs of two bishops who were founding members of the Community, the levelling of the floor, the provision of heating and lighting, and the removal of the choir stalls and screen. The Chancellor directed the issue of a faculty for all the proposals, apart from the moving of the two tombs.