Judgment Search

Downloads

Click on one of the following to view and/or download the relevant document:

Alphabetical Index of all judgments on this web site as at 10 September 2024

Judgments indexed by Diocese:
2024 Judgments
2023 Judgments
2022 Judgments
2021 Judgments

Reordering

Display:

In 2017 an Archdeacon's licence for temporary reordering was granted to allow the removal to storage of four pews and one pew frontal from the west end of the north side of the nave. The petitioners now sought permission to make the removal permanent, as it had facilitated use of the area for activities with children during services, for the taking of refreshments after services and for the positioning of wheelchairs. There was an objection from a parishioner. The Chancellor was satisfied that good reason had been shown to justify the proposal, and he accordingly granted a faculty.

The proposals were to complete a small kitchen/servery within a cupboard at the west end of the north aisle of the church; to remove some pews from the north aisle, to create a multi-purpose area, and to use wood from the removed pews for the servery cupboard; and to carry out some internal redecoration. The Chancellor granted a faculty, subject to conditions that (a) some form of ventilation, to be approved by the Diocesan Advisory Committee, should be provided to protect the memorials next to the kitchen/servery and (b) any chairs chosen to replace the pew seating removed should be the subject of a separate faculty petition and consultation with the amenity societies.

The Vicar and churchwardens sought permission to re-order the chancel area of the Grade II Victorian church by removing and disposing of the rear choir stalls and replacing them with the front stalls, carrying out some modifications to enlarge the leg-room available, making good any exposed tiles and laying carpet across the widened chancel aisle to match the nave aisle carpet. The object of the proposals was to make the use of the church by the children of the village school more convenient and effective and also increase the possibilities of using the building for concerts and community events. The Victorian Society objected to the covering of the Minton tiles with carpet. The Chancellor approved the proposals and granted a faculty.

The petitioners sought a faculty for an extension to be added to the north side of the church and for internal re-ordering, including replacement of the pews with partially upholstered chairs, some new furniture, disposal of the pulpit and lectern, the relocation of a chest tomb, and the introduction of a nave plinth. The Victorian Society argued that the loss of all the pews would rob the church of its character, and the removal of the pulpit could not be justified. Also, it did not consider upholstered seating appropriate. A number of parishioners also raised objections. Taking the proposals as a whole, the Chancellor was satisfied that they would provide a better environment for the varied worshipping needs of the church, community events and provision for children's activities. The Chancellor therefore granted a faculty.

The Chancellor granted a faculty to allow the installation of a projector screen in a housing over the chancel arch of the church and a fixed projector, to replace the existing arrangement of erecting a portable screen and placing a portable projector on a flower stand in the pews. He based his decision on the grounds of visibility and safety. The Chancellor was satisfied that, "The impact on the appearance of the church will be modest and the benefits to be obtained by the proposed works are sufficient to overcome the presumption against change."

The proposals were to alter the floor levels inside and outside the south porch and adjust the doors, to improve access for those with disabilities; to create a new doorway in the north wall, as a fire escape, and to remove and dispose of the pipe organ from the place where the new fire door would be inserted, with the intention of later installing an electronic organ. There were six letters of objection, and the Diocesan Advisory Committee did not recommend of the disposal of the organ. The Chancellor granted a faculty for the works to the porch and the new fire exit door, but he was not satisfied that it was appropriate to authorise the removal of the pipe organ at this stage, as possible relocation of the organ within the church had not been fully explored, nor the alternative of replacing the organ with a smaller pipe organ, and the petition did not request authority for the installation of a particular electronic organ.

The petitioners wished to remove two rows of pews from the west end of the nave of the church, in order to create space for church and community activities. The Chancellor was satisfied that it was appropriate to grant a faculty. The church would remain predominantly pewed and any harm to the special significance of the Grade I church would be modest and would be outweighed by the potential benefits.

An extensive programme of reordering was proposed, including raising the nave floor and introducing new limestone flagstones; underfloor heating; air source heat pumps in the churchyard; replacing the nave pews with chairs, introduction of a west end gallery with two toilets underneath; and other items too numerous to be listed in a short summary. The main object of the proposals was ‘putting the church to viable uses that are consistent with its role as a place of worship and mission.’ Approximately 40 letters of objection were received, but no objector became a party opponent. The Chancellor granted a faculty for the majority of the works.

An application had been made by a private individual for a restitution order against the Archdeacon, requiring him to replace the pews which had been removed from the church in the summer of 2020, on the grounds that their removal was not permitted by a licence for temporary minor reordering, and was therefore unlawful. The Archdeacon had not actually given permission for the pews to be removed. They had been removed by the Churchwardens and Parochial Church Council (PCC), who subsequently undertook to return the pews to the church in October 2021, but did not do so until December 2021. The Commissary General gave directions for the Archdeacon to be removed as the respondent and replaced by the Churchwardens and PCC. The Commissary General also considered it appropriate, in the interests of certainty, to issue a restitution order, and he directed that the new respondents should pay the costs of the application and of the hearing.

In Re St. Leonard Hythe [2023] ECC Can 2, the petitioner had applied for a restoration order in respect of an altar which had been moved to the head of the nave, on the basis that no lawful authority had been granted for such use. The Commissary General had dismissed the petitioner's application. The petitioner applied for leave to appeal. The Dean of the Arches refused to grant leave to appeal. The main ground of appeal was that it was unlawful to move an altar in a church without the authority of a faculty. The Dean referred to Canon F2, which states that, if there is any dispute as to where an altar is to be positioned, it should be determined by the Ordinary. In relation to another ground of appeal, that the altar had been installed without authority, the Dean pointed out that, as the altar had been installed more than six years ago, the court had no jurisdiction to make a restoration order (Section 72, Ecclesiastical Jurisdiction and Care of Churches Measure 2018).

×